Kuwait
Cluster Munition Ban Policy
Summary
Non-signatory Kuwait has acknowledged the humanitarian concerns raised by cluster munitions, but it has not taken any steps to accede to the convention. It last participated in meetings of the convention in 2013. In December 2020, Kuwait voted in favor of a major United Nations (UN) resolution promoting the convention for the first time.
Kuwait is not known to have used or produced cluster munitions, but it imported them and possesses a stockpile.
Policy
The State of Kuwait has not acceded to the Convention on Cluster Munitions.
Kuwait has not taken any steps to join the convention and it rarely comments on its position on accession. In 2011, Kuwait told States Parties, that the convention has “important humanitarian, social, economic dimensions that oblige the international community to put forward suitable solution [sic] to end future use of this weapon.”[1] In 2009–2011, Kuwait said it was studying the implications of accession to the convention.[2]
Kuwait participated in the Oslo Process to develop the convention, including as an observer in the Dublin negotiations in May 2008.[3]
Kuwait has participated as an observer in meetings of the convention, but not since 2013.[4] It was invited, but did not attend, the first part of the convention’s Second Review Conference held virtually in November 2020.
In December 2020, Kuwait voted in favor of a major UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[5] It previously abstained from voting on the annual UNGA resolution promoting the convention in 2015–2019.
Kuwait has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2020.[6] Kuwait co-sponsored the draft Human Rights Council resolutions in 2020 that condemned the use of cluster munitions in Syria.[7]
Use, production, transfer, and stockpiling
Kuwait is not known to have used, produced, or exported cluster munitions, but it has imported them and possesses a stockpile.
Kuwait imported the Russian-produced 27 Smerch 300mm multiple launch rocket system, fitted with dual-purpose and sensor-fuzed submunitions, in 1995.[8] Additionally, Jane’s Information Group lists Kuwait as possessing the Hydra-70 air-to-surface unguided rocket system, but it is not known if this includes the M261 multipurpose submunition variant.[9]
The United States (US) may stockpile cluster munitions in Kuwait, according to a May 2007 US diplomatic cable.[10]
[1] Statement of Kuwait, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011.
[2] Interview with Zeyad al-Mashan, Counsellor, Permanent Mission of Kuwait to the UN in Geneva, in Beirut, 14 September 2011; Cluster Munition Coalition (CMC) meeting, with the Kuwaiti delegation to the Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 9 November 2010; and International Campaign to Ban Landmines (ICBL) meeting with the Kuwaiti delegation to the Mine Ban Treaty Second Review Conference, Cartagena, 30 November–4 December 2009.
[3] For details on Kuwait’s cluster munition policy and practice up to early 2009, see Human Rights Watch (HRW) and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 220; In September 2011, Wikileaks released a United States (US) Department of State cable showing that in a meeting on 22 May 2007, the US asked Kuwait to “reconsider” its participation in the Lima conference on cluster munitions. Kuwait did not attend the Lima conference, which was held on 23–25 May 2007; “U.S.-Kuwait Gulf Security Dialogue Talks,” US Department of State cable dated 5 June 2007, released by Wikileaks on 1 September 2011.
[4] Kuwait participated as an observer in the convention’s First Meeting of States Parties in Vientiane, Lao PDR, in November 2010, and the Second Meeting of States Parties in Beirut, Lebanon, in September 2011. It also attended the convention’s intersessional meetings in 2012 and 2013.
[5] “Implementation of the Convention on Cluster Munitions”, UNGA Resolution 75/62, 7 December 2020.
[6] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 75/193, 16 December 2020. Kuwait voted in favor of similar resolutions from 2013–2019.
[7] See, “The human rights situation in the Syrian Arab Republic,” Human Rights Council Resolution 43/L.33, 20 April 2020.
[8] “Kuwait to get smart submunitions for Smerch MRL,” Jane’s Defence Weekly, 21 April 1995.
[9] Colin King, ed., Jane’s Explosive Ordnance Disposal, CD-edition, 10 January 2008 (Surrey, UK: Jane’s Information Group Limited, 2008).
[10] The cable contains the text of a message sent from a US military advisor to United Arab Emirates (UAE) authorities concerning a transfer of “ammunition immediately via US Air Force aircraft from Kuwait stockpile to Lebanon.” With respect to the items to be transferred, the cable states: “The United States will not approve any cluster munitions or white phosphorus.” “Follow-up on UAE response to Lebanese request for emergency aid,” US Department of State cable 07ABUDHABI876 dated 24 May 2007, released by Wikileaks on 1 September 2011.