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The Republic of India has not signed the Convention on Cluster Munitions. It did not participate in the diplomatic process in 2007 and 2008 that resulted in the development, negotiation, and then signing of the Convention in Oslo in December 2008. India produces, stockpiles, imports, and offers for export cluster munitions.
India is party to the Convention on Conventional Weapons (CCW) and ratified Protocol V on Explosive Remnants of War on 18 May 2005.
Cluster Munition Ban Policy
India considers that cluster munitions “offer distinct military advantages over other munitions in terms of economy of effort and wider area coverage in combat zones.”[1] It has also stated that “until [cluster munitions] can be replaced by other alternatives which are cost effective and perform the required military tasks, [cluster munitions] will continue to find a place in military armories as both point target as well as area target weapons.”[2]
When States Parties to the CCW decided in November 2007 to debate a new approach to cluster munitions, India did not support negotiating mandates aimed at any sort of prohibition or with a deadline to conclude negotiations. India’s resistance to a possible new protocol was in part based on its view that “the use of cluster munitions is lawful and legitimate, if such use takes into account existing IHL [international humanitarian law].”[3] Earlier, India had noted, “States Parties to the CCW have varying security concerns and concepts such as reliability and accuracy are at best relative concepts and can be addressed through ‘best practices’ and cannot constitute legally binding provisions.”[4]
During the CCW discussions in 2008, India position shifted somewhat. It said India “is prepared to negotiate an instrument…that strikes a balance between military and humanitarian concerns” but that efforts should focus on “effective regulation rather than the prohibition on the use of [cluster munitions].”[5] India was opposed to several suggestions in the draft proposed by the Danish chairperson, including a deadline for the destruction of stockpiles.[6] It also noted that it would not prohibit any cluster munitions until they had reached the end of their shelf life.[7] India also supported flexible transition periods leaving it up to each state when a new protocol would enter into force.[8]
As a party to the CCW, India states it “is prepared to negotiate an instrument…that strikes a balance between military and humanitarian concerns.” However, India believes that the focus of efforts should be on “effective regulation rather than the prohibition on the use of [cluster munitions].”[9]
Use, Stockpiling, Production, and Transfer
India is not known to have used cluster munitions. The size and precise content of India’s stockpile of clusters munitions is not known.
The India Ordnance Factories produces and advertises for export 130mm and 155mm artillery projectiles containing dual purpose improved conventional munition (DPICM) submunitions, which are equipped with a self-destruct feature.[10] These projectiles are the result of a transfer of production technology from Israel Military Industries and are produced at Khamaria Ordnance Factory near Jabalpur in Madhya Pradesh.[11]
In addition to artillery projectiles, the Defence Research and Development Organization of the Ministry of Defence produces a cargo rocket containing anti-tank/anti-material submunitions for the 214mm Pinaka multi-barrel rocket system.[12] Other sources have claimed that warheads containing submunitions were developed for the Agni, Dhanush, and Prithvi missile systems.[13]
In addition to domestic production, India has also imported cluster munitions. Jane’s Information Group lists India as possessing KMG-U dispensers, and BL-755, BLG-66 Belouga, RBK-250, RBK-275, and RBK-500 cluster bombs.[14] In February 2006, India bought 28 launch units for the Russian produced 300mm Smerch multiple launch rocket system fitted with dual-purpose and sensor-fuzed submunitions; it was the third export customer for the system.[15]
The United States announced in September 2008 that at the request of India, it was intending to sell 510 CBU-105 air-dropped Sensor Fuzed Weapons in an arms deal valued at as much as $355 million.[16] According to the US Department of Defense, “India intends to use the Sensor Fuzed Weapons to modernize its armed forces and enhance its defensive ability to counter ground-armored threats.”[17] The US has attached a term to the transfer, in compliance with Public Law 110-161 (26 December 2008), which requires that the submunitions have a 99% or higher reliability rate and stipulates that “the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present.”[18]
India considers “terminally-guided precision munitions and sensor fused munitions as a new generation of cluster munitions, and not as alternatives to these munitions.”[19]
[1] Statement by Amb. Jayant Prasad, Permanent Mission of India to the Conference on Disarmament, First Conference of the High Contracting Parties to Protocol V to the CCW, Geneva, 5 November 2007.
[2] Statement by Amb. Hamid Ali Rao, Permanent Mission of India to the Conference on Disarmament, Third Meeting of the CCW Group of Governmental Experts (GGE) on Cluster Munitions, Geneva, 7 July 2008.
[3] Statement by Amb. Jayant Prasad, First Conference of the High Contracting Parties to Protocol V to the CCW, Geneva, 5 November 2007.
[4] Statement by Amb. Hamid Ali Rao, Third Meeting of the CCW GGE on Cluster Munitions, Geneva, 7 July 2008.
[5] Ibid.
[6] CMC, “CMC Update on the CCW Group of Governmental Experts on Cluster Munitions,” 4 September 2008, www.stopclustermunitions.org.
[7] Ibid.
[8] Ibid, 5 September 2008.
[9] Statement by Amb. Hamid Ali Rao, Third Meeting of the CCW GGE on Cluster Munitions, Geneva, 7 July 2008.
[10] The 130mm projectile contains 24 submunitions and the 155mm projectile contains 49 submunitions. See the website of the India Ordnance Factories, www.ofbindia.gov.in.
[11] “Ordnance Board to produce ‘cargo ammunition’ with Israeli company,” The Hindu (online edition), 6 August 2006, www.hindu.com.
[12] Leland S. Ness and Anthony G. Williams eds., Jane’s Ammunition Handbook 2007–2008, (Surrey, UK: Jane’s Information Group Limited, 2007), p. 715.
[13] Duncan Lennox, ed., Jane’s Strategic Weapons Systems 46 (Surrey, UK: Jane’s Information Group Limited, January 2007), pp. 49–56, 85–87; Duncan Lennox, ed., Jane’s Strategic Weapons Systems 42 (Surrey, UK: Jane’s Information Group Limited, January 2005), pp. 85–87.
[14] Robert Hewson, ed., Jane’s Air-Launched Weapons, Issue 44 (Surrey, UK: Jane’s Information Group Limited, 2004), p. 840. While there is no information about specific transfers, the manufacturers are United Kingdom (BL-755), France (BLG-66), and Russia/USSR (RBKs).
[15] “India, Russia sign $500 mn rocket systems deal,” Indo-Asian News Service (New Delhi), 9 February 2006. Each Smerch rocket can carry five sensor-fuzed submunitions and either 72 or 646 dual-purpose, high explosive submunitions.
[16] US Defense Security Cooperation Agency news release, “India: CBU-105 Sensor Fuzed Weapons,” Transmittal No. 08-105, 30 September 2008.
[17] “Policy Justification” sheet attached to a letter from Vice Admiral Jeffrey A. Wieringa, Director of the US Defense Security Cooperation Agency, to Senator Robert C. Byrd, Chairman of the Senate Committee on Appropriations (USP012679), 26 September 2008.
[18] Letter from Vice Admiral Jeffrey A. Wieringa, Director of the US Defense Security Cooperation Agency, to Senator Robert C. Byrd, Chairman of the Senate Committee on Appropriations (USP012679), 26 September 2008.
[19] Statement by Amb. Jayant Prasad, First Conference of the High Contracting Parties to Protocol V to the CCW, Geneva, 5 November 2007.