2012 has been hailed as a potential landmark year in the push for greater regulation of the global trade in conventional arms. After more than a decade of advocacy to this end, negotiations took place throughout July towards the world’s first Arms Trade Treaty (ATT), which is intended to establish the highest possible common international standards for the transfer of conventional weapons.  However, although significant progress was made during the month of intense negotiations, the ATT is not yet open for signature. The future of possible work towards a treaty now lies with the First Committee of the UN General Assembly, as discussions continue about the possibility of a second round of negotiations. As the Committee’s session nears an end, this article explores what role a potential treaty – if reopened for further negotiation – could play in a move towards sustainable security.

The scale of the arms trade is significant; it’s impact, devastating in many parts of the world. From 2006-10, the top five arms exporting countries – the United States, Russia, Germany, the United Kingdom and France – delivered nearly 92 million major conventional weapons* . The recipients of arms transfers include countries such as Sudan, Yemen, Egypt and Libya, where the use of government stockpiles against civilians over the past two years has been particularly abhorrent. However, even as the volume of international transfers continues to increase – by 24 per cent from 2002-2006 to 2007-2011 – there is still no overarching global regulation of the trade. Instead, there exists only a patchwork of national laws and regional agreements that fail to impose any consistent international standard of trade.

This lack of comprehensive global standards to regulate transfers of conventional arms – which range from battle tanks, combat aircraft and missile launchers to small arms and light weapons – has allowed a flow of weapons to actors who use them in contravention of international humanitarian and human rights law, including terrorist groups and human rights abusers. This in turn prolongs conflict, undermining stabilisation and development efforts. Indeed, as 30 high-profile Oxfam and Amnesty International supporters stated in a letter to UN Secretary General Ban Ki-Moon in at the start of the July’s negotiation conference:

Every year an average of two bullets for every person on this planet is produced. With so few global rules governing the arms trade, no one really knows where all those bullets will end up – or whose lives they will tear apart. Under the current system, there are less global controls on the sales of ammunition and guns than on bananas and bottled water. It’s a ridiculous situation. The deadly and poorly regulated trade in arms leads to serious human rights abuses, armed violence, conflict, poverty and organized crime around the world. The lack of clear binding principles governing decisions on international arms transfers combined with patchy, diverse and poorly implemented national regulations are inadequate to deal with the increasingly globalised nature of the arms trade. As a result, irresponsible users are allowed to violate international humanitarian and human rights law.

If negotiated, the ATT would establish much needed internationally agreed norms of responsible state behaviour with regards to arms transfers; with criteria that aims to prevent the transfer of weapons to the aforementioned irresponsible actors.

What would this mean in practice? An ATT would act to ensure that arms-exporting states have an obligation to conduct comprehensive risk assessments in line with international humanitarian and human rights law before approving international transfers of arms. In so doing, an ATT would provide a crucial delineation of the circumstances under which transfers should not be allowed.

This has important implications. For example, following a government review of arms exports to the Middle East and North Africa in 2011, the United Kingdom revoked 158 licenses because the exports were found to violate two main criteria for the UK’s Consolidated Criteria for arms exports: respect of human rights and fundamental freedoms, and risk that the exported weapons might be used for internal repression. The impact of certain earlier UK export decisions had become clear in Bahrain in February 2011, when a British-supplied arsenal of crowd control weapons – including stun guns, shotguns, crowd control ammunition and canisters of teargas – was reportedly used by security forces in a brutal crackdown against popular protests**. Although some licenses were revoked, the UK has a further 600 extant licenses to countries such as Syria, Bahrain and Yemen, where rights abuses are notoriously continuing. The aim of the ATT is to ensure that exporting countries consider the dangers to civilians and human rights while deciding whether or not to transfer arms and to prevent transfers where abuse is likely. An ATT is therefore hoped to help stem the flow of arms to actors – state and non-state – who use violent action to undermine rule of law and the international humanitarian laws that seek to protect civilians and sustain security.

The consequences of irresponsible arms transfers reverberate further than governmental misuse. For example, the 2008 Final Report of the UN Panel of Experts on Sudan stated that arms originating from the stockpiles of Sudan, Chad and Libya had been used in attacks by the Justice and Equality Movement (JEM) forces in Sudan, a militia group included in the UN Security Council arms embargo on Sudan (Darfur region) from 2005 onwards. In the case of JEM attacks on the city of Omdurman in 2008, chain-of ownership tracing by the Panel identified numerous weapons manufactured in Spain, Belgium and Bulgaria, which had originally been legitimately shipped to Libya . Although many of the weapons were formerly exported to Libya in the early 1980s, the report stood as a clear sign of the danger of legitimately transferred arms leaking into the illicit market from irresponsible end-users. By assessing the responsibility of end-users before transferring arms, the ATT might go some way towards encouraging states to stem the flow of weapons to illicit markets from the back-doors of irresponsible end-users. In turn, it is hoped that it will work against the militarisation of societies that threatens the stability of the majority of civilians.

Treaty negotiations keenly acknowledged the disproportionate impact of small arms and light weapons (SALW) on civilian populations during and after violent conflict and accordingly, SALW are covered in the scope of the treaty. As noted by the UN office for Disarmament Affairs (UNODA) ‘small arms are cheap, light, and easy to handle, transport and conceal. A build-up of small arms alone may not create the conflicts in which they are used, but their excessive accumulation and wide availability aggravates the tension. The violence becomes more lethal and lasts longer, and a sense of insecurity grows, which in turn lead to a greater demand for weapons…They are the weapons of choice in civil wars and for terrorism, organized crime and gang warfare.’  Including these weapons type in the treaty’s scope – and therefore extending beyond the UN Register of Conventional Arms – will increase the number of disarmament tools available to tackle the prolific spread of these weapons and their devastating impact and threat to sustained security during and following armed conflict.

Each of these aims seeks to counter a pattern of increasing spread of arms and trend towards militarisation which, far from protecting societies, drives insecurity around the world. This is true for states – with the aforementioned trend towards increased spending for conventional arms and annual increases in world military expenditure from 1998-2010 – but also for civilian society. Around the world, millions of people face the direct and indirect consequences of increased militarisation on a daily basis, whether living under the constant threat of weapons held by local gangs or criminals, or direct trauma, injury or fatality as a result of use of weapons in conflict or terrorist action. In the face of these situations, both where the state abuses civil rights or where the state is unable to protect communities from armed non-state groups, communities often choose to seek further weapons as a means of protection, and so cycles of increased militarisation and violence continue to threaten the stability of societies. By stemming a downwards flow of weapons, and making assessments about the likelihood of irresponsible or abusive use of transferred arms, a treaty of this nature may serve to prevent violent conflict and/or help to make conflict less deadly.

The current draft text does much towards these goals, by including provisions related to record keeping, international assistance and implementation, as well as creating a Secretariat to help signatory states implement the treaty, especially those who may lack the bureaucratic capacity to do so right away. More importantly, it clearly outlines the obligations that signatories would have to conduct comprehensive risks assessments in line with IHL and IHRL before approving transfers and effectively underlines the circumstances in which transfers should not be made.

However, there are still a number of issues with the draft treaty, which at present leaves loopholes in regulation that would allow for on-going abuses as a result of arms transfers if it is used as a base for further negotiations. As outlined efficiently in Control Arms’ recent briefing ‘Finishing the Job: delivering a bullet-proof ATT’ , at present the draft treaty text falls short in a number of ways. Necessary improvements to the draft include: addressing the exclusion of ammunition from the scope of the treaty; the lack of a provision that requires state reports on transfers to be publically available; lack of provisions for states to consider risks that transferred arms may be diverted or used for corruption, against development or in gender-based violence; and current ambiguity about controls when dealing with states not party to the treaty. It will also be vital for key exporting nations such as the United States to be on board with the treaty for it to be effective. If negotiations are re-opened, negotiators must once again carefully navigate the need to sharpen the treaty scope and criteria with a need to have the participation from a majority of states.

There is clearly quite some way to go before the treaty could come into force and be implemented effectively. The ATT clearly cannot act as a panacea for conflict-affected countries, nor will it hinder inter-state arms trade or domestic controls. However, if successfully negotiated and implemented, it could be an effective filter to curb the worst of irresponsible and illicit arms trading. The ATT may currently seem abstracted from the real impact of the arms trade, but in the end, as stated by the Control Arms Campaign, ‘the ATT will be judged according to its success in preventing transfers that risk contributing to or facilitating human suffering’. As UK Ambassador Jo Adamson said at the opening of the First Committee session, with the ATT ‘we have a real live example of where we can make a real difference in the real world to real people.’

*(data on conventional weapons exports and military expenditure derived from SIPRI Yearbook 2012: http://www.sipri.org/yearbook/2012/06)
**All information in this paragraph can be found in the UK Parliament Committees on Arms Export Controls report ‘Scrutiny of Arms Exports (2012)’  http://www.publications.parliament.uk/pa/cm201213/cmselect/cmquad/419/41902.htm 

Zoë Pelter is a Research Officer of Oxford Research Group’s (ORG) Sustainable Security Programme. 

Image source: Oxfam

 

There is no region of the world that faces more threats from climate change than South Asia. Of particular concern is the littoral surrounding the Bay of Bengal, including the Eastern Indian states of West Bengal and Odisha, Bangladesh, and coastal Burma. This region is uniquely vulnerable to a changing climate because of a combination of rising sea levels, changing weather patterns, and uncertain transboundary river flows. Away from the seashore, China holds the high ground in the Tibetan Plateau and the Himalayas, and complicates the geopolitical picture further by acting as the source of the region’s fresh water.

On the Bay of Bengal’s coast these problems of a changing climate combine with already existing social problems like religious strife, poverty, political uncertainty, high population density, and rapid urbanization to create a very dangerous cocktail of already security threats. Climate change has been called a “threat multiplier” or “an accelerant of instability” by military and intelligence communities because of how it will impact these already existing threats. With a population of more than 300 million people (91 million in West Bengal, 42 million in Odisha, 142 million in Bangladesh, 52 million in Burma), tense militarized borders, overlapping ethnic and religious communities, and uncertainty about the future, there is no region in the world that faces a more dangerous combination of threatsfrom climate change than here.

Rising Sea Levels

One of the key tenets of national security is the ability of a country to ensure the integrity of its sovereign territory. Yet, as glaciers far from South Asia melt, the sea rises and encroaches upon its farms, villages, and cities. As Hemingway wrote about going bankrupt, sea level rise happens “gradually, then suddenly.” Slowly, a rising ocean brings increasing intrusion of brackish water into groundwater, harming costal agriculture. Moreover, gradual ocean encroachment harms the coast’s natural protections, whether dunes, reefs, barrier islands, or mangrove forests. Then, suddenly, when a major cyclone blows in a storm surge will overcome previously unsurmountable barriers.

The shorelines of the Bay of Bengal stand to lose swaths of territory from sea level rise. Bangladesh, as a country predominantly composed of river delta, is most at risk. It stands to lose 11% of its territory – home to 15 million people – from a sea level rise of only 1 meter, a level that is not a particularly extreme prediction over the next 4 decades. Few invading armies could do worse damage.

Oddly enough, the world’s oceans do not rise at the same rate. With rising global sea levels, in some areas the sea level could actually fall while it rises in others. A recent study from the National Center for Atmospheric Research (NCAR) found that sea level rise will be particularly high along the Bay of Bengal, due to changes in currents caused by rapid surface warming of the Indian Ocean.

In the region, the cities of Dhaka, Kolkata, and Yangon all lie in major river deltas and are vulnerable to storm surges. In its 2007 report, the Intergovernmental Panel on Climate Change (IPCC) specifically listed cities in Asian mega deltas as “hotspots for vulnerability” because of sea level rise and changing patterns of river flow. Already straining at their infrastructure limits, these densely packed cities are becoming more vulnerable in a warming world.

Changing Transboundary Water Flow

Water does not stay within lines on a map. Instead, gravity draws it inexorably from the mountains to the sea. China, through its control of Tibet, controls the headwaters of almost all of the major rivers of Asia – only the Ganges lies outside of China’s control, originating in India. Of the major rivers that empty into the Bay of Bengal, all cross borders. Water is only plentiful during the monsoon season, so these rivers provide much-needed sustenance to agriculture, people, and ecosystems throughout their trip to the sea during the dry season – when they are fed by glacier and snow melt. Competition and tension over that flow is evident around the world when water crosses borders.

This is true of Bangladesh and India, for which the flow of the Ganges are a source of tension. The Farakka Barrage on the Ganges River, just 10 miles upriver from the Bangladesh border, allows India a measure of control over the river. The dam allows India to divert the flow of the Ganges down a canal to the Hooghly River and into the port of Kolkata. Since the dam was built in 1975, there have been allegations from Bangladesh that India diverts water in the dry season and releases too much in the monsoon season. In 1996, the two countries agreed to a 30 year treaty to share the Ganges’ flow, but tensions still remain.

The Brahmaputra River, meanwhile, provides a source of tension between the two regional powers, India and China. China recently announced that they are building a series of hydroelectric dams along the Brahmaputra’s upper reaches in Tibet, but they have forsworn any attempt to divert or hold back the great river’s flow. However, these assurances have not quieted all voices in India, who point to plans in China’s South-North Water Diversion Project to divert water from the Brahmaputra in order to ensure water for industry and the cities of China’s parched north. China’s leaders have denied these extravagant plans, but their engineers have lobbied for such a project. It would complete a dream of Chairman Mao’s, who said: “Southern water is plentiful, northern water scarce. If at all possible, borrowing some water would be good.”

Climate change exacerbates these concerns about transboundary water management in the region. Climate change is threatening both the glaciers that sit at the top of these mighty rivers, feeding them during the dry season, and the very viability and predictability of the Indian Monsoon rains. Temperatures in the Tibetan Plateau and the Himalayas have risen 1.5 degrees Celsius since 1982, a rate more than three times as fast as the global average. Meanwhile, changes in weather patterns due to climate change could cause repeated failures in the monsoon. While there is little likelihood of an immediate and total melting of the glaciers, uncertainty about their future flows is enough to stoke tension in the region.

The Potential for Conflict

Climate change is altering the environment of the region; the glaciers are retreating, the rivers’ flows are becoming more unpredictable, and the seas are rising. However, whether those changes manifest themselves into either civil or interstate conflict will depend upon how both the populations and the governments in the region react to those changes. How long governments have to adapt depends upon unpredictable weather and climate patterns – but as the Stern Review bore out, earlier action is almost always cheaper and more effective than waiting. How governments adapt is important as whether; some adaptations, like capturing water that would otherwise flow across borders in new reservoirs could actually make the threat of conflict worse. If countries do not work cooperatively, they could stoke conflict.

Throughout history, one of the most effective ways to deal with climate change has been migration – from a climate that is no longer hospitable to one where living is easier. However, modern borders do not reflect the historical ties between the regions. Migration is a natural response. However, in areas with already high population density and an overlapping patchwork of ethnic and religious communities, new immigrant communities often come into direct conflict with established communities. Last year saw ethnic strife in the Indian state of Assam between indigenous Bodos and immigrant Muslims, many of whom hailed from over the nearby border in Bangladesh. Over 75 people died, and over 400,000 people were temporarily displaced. In this region, it is impossible to say whether a group of migrants are “climate refugees” or simply moving to a place with better economic opportunity, but this is what we should expect in the future.

It is difficult to find examples of any interstate wars fought directly over water; to the contrary, water has been a catalyzer of cooperation. However, as countries realize that they can control and shape water flow through mega dams and water diversion projects, there is a danger that the claims of downstream countries could be ignored. Along the Mekong River, for example, China has proceeded to dam and control the river’s flow through its territory – leading downstream neighbors to complain that China is causing droughts. Yet because of the power imbalance between China and smaller countries like Laos and Cambodia, the Chinese have little to fear. Similar thinking by Chinese leadership over dam building along the Brahmaputra, their shared river with India, could lead both countries to stumble into a conflict that neither of them want.

In the age of climate change, conflict is more likely as threats are multiplied. Nowhere is this truer than around the Bay of Bengal. However, war is never pre-ordained. Instead, the threat of conflict is determined by how countries react. Good international governance can encourage countries to not simply pull up the drawbridge and think only of themselves, but will encourage them to see what their actions will mean for regional neighbors. Climate change is increasing the threat of wars and unrest around the Bay of Bengal; but foresight about its impacts can help the region’s leaders work together to solve a problem that knows no boundaries.

Andrew Holland is Senior Fellow for Energy and Climate at American Security Project, a Washington D.C based think tank. He is an expert on energy, climate change, and infrastructure policy. He has over seven years of experience working at the center of debates about how to achieve sustainable energy security and how to effectively address climate change.

Image source: amioascension

This piece by sustainablesecurity.org’s Zoë Pelter and Richard Reeve was originally published on 5 September, 2013 on openDemocracy 

The narrow defeat on 29th August of the UK government’s parliamentary motion on support in principle for military action against the Syrian regime has forced Prime Minister David Cameron to concede that Britain will play no part in any direct attack on Syria. If the UK is to play no military role in ‘punitive’ responses to the regime’s alleged use of chemical weapons, what options are open to the UK in terms of resolving the Syrian conflict, protecting civilians and punishing those responsible for war crimes there? And how does Cameron’s overt preference for the military option, with or without UN mandate, condition these non-military options?

Pushing for peace

The possibility of a negotiated peace in Syria should not be dismissed. Neither the regime’s military, militia and foreign allies, nor the variety of armed factions ranged against them (and, increasingly, each other) are exhausted. Nor do the Assad regime’s mid-year successes in central Syria presage any imminent likelihood of it regaining control of the north and east. The strategic stalemate that appeared to set in to the conflict in June, after pro-Assad forces retook al-Qusayr, arguably presented a breathing space for negotiations and the so-called Geneva II conference, proposed by the US and Russia, with UN and Arab League backing, the previous month. As recently as mid-August, the Geneva talks were expected to resume in September.

But even convening these talks will now prove far harder. Expectation of Western intervention against President Bashar al-Assad, as well as their own increasing divisions, gives the Western-backed armed opposition groups an incentive to delay talks. Jihadist groups that have proved effective militarily are largely excluded. US and Russian facilitation of the Geneva process, however fraught, also tends to exclude the voices of regional actors like Turkey, Iran, Iraq and Saudi Arabia, each of which feels its interests very directly threatened in Syria and gives active support to one or more armed faction.

This calls for a rethinking of the Geneva process, if not the 2012 transition roadmap, to bring in the full range of actors, not the abandonment of peace talks. Threat of US-led intervention and its own increasing international marginalisation, should it be proved to have launched a chemical attack on 21st August, could incline the Assad regime towards a negotiated settlement, perhaps even an exit and exile strategy.

This will not happen without pressure from Iran and Russia. Both have much to lose in Syria, but neither is entirely closed. Iran is still in its post-electoral opening and under severe economic pressure, looking to cut a wider deal with the West. Russia may not be comfortable with its isolated position defending the alleged user of chemical weapons. Like the US, it fears the growing influence of jihadi groups while the current stalemate continues. While there is little hope of Moscow abandoning its Security Council veto over action against Syria, it will be embarrassed if it stands almost alone defending Assad in the Council or against a General Assembly resolution. Neutrally collected and analysed evidence of Syrian regime culpability for chemical weapons attack will be crucial to shifting Russia’s position.

Having made clear its preference for ‘punitive’ military action, and been frustrated by parliament in pursuing such action, the UK government is not ideally placed to broker negotiations. Yet the UK does have influence with Syrian opposition groups, in the Gulf States and, when it acts in concert with its less interventionist EU partners, with Russia, Turkey and Iran.

Fighting impunity

Again, the importance of due investigative and legal process through UN Fora is crucial. When asked on 29 August if he agreed that Assad should be prosecuted at the International Criminal Court (ICC), David Cameron replied curtly that these processes take time. Yes, the wheels of institutional responses turn slowly, not least justice institutions. Yet the most obvious response to any breach of customary international law on the use of chemical weapons (Syria is one of just five states not to have signed the 1993 Chemical Weapons Convention) is a war crimes prosecution through the ICC. It is not important that Syria has not signed the Court’s establishing Rome Statute. Assad and any responsible commanders could still be subject to international prosecution if the Security Council referred Syria formally to the ICC.

The UN has been investigating a wide range of alleged crimes committed by both sides with a view to future prosecutions. Clearly, the presence on the Security Council of Syrian allies and a majority of non-signatories to the Rome Statute presents obstacles to referral, but the Council has overcome such obstacles before, notably China’s reluctance to see its Sudanese allies prosecuted over actions in Darfur. With France and other allies, the UK should take the lead within the Security Council in pushing to refer Syria to the ICC based on the same ‘moral minimum’ or red line that has been deployed in favour of armed intervention. This, in turn, may provide leverage to persuade pro- and anti-Assad factions alike to take peace negotiations more seriously.

Notwithstanding the heavy shadow of its past action in Iraq, the UK’s moral standing is bolstered by commitment to legal and democratic process. The UK should take a breath, step back from punitive reaction and recommit itself to a multilateral, inclusive and legally rigorous approach to resolving the war in Syria and its many affiliated regional conflicts. No other form of intervention will effectively protect the lives and rights of Syrian civilians either in the current war or the difficult peace that must follow.

This article is part of the Remote Control Warfare series, a collaboration with Remote Control, a project of the Network for Social Change hosted by Oxford Research Group.

Over-burdened in its requests for continuous surveillance of an expanding battlefield, the US military is increasingly turning to private contractors to fill key roles in its drone operations.

In March this year, US Air Force Secretary Deborah James appeared before the Senate Armed Services Committee, looking for a $10 billion funding hike. “I can tell you the number one thing that the combatant commanders say they want from our Air Force is more ISR, ISR, ISR,” she told the committee. “That is the number one priority.”

ISR is Intelligence, Surveillance, Reconnaissance, and encompasses a complex array of functions. It includes spyplanes and drones with special sensors and cameras, the satellites which control them, and the analysts who turn this information into “products”.  It also includes the “distributed common ground system”, an unwieldy term for the network of devices which allows personnel to access this information and the “products” derived from it.

The volumes of data being passed back from surveillance flights is now so vast that the military can no longer deal with it in-house. So, The Bureau of Investigative Journalism (‘The Bureau’) found in a six-month investigation, the Pentagon has turned to the private sector to plug the gaps, employing contractors as imagery analysts or “screeners”.

Screening

The screener’s task is not a simple one. Like much of military life, it involves long spells of tedium – twelve hour shifts in front of a screen – interspersed with occasional spikes of activity. But it demands high and continuous levels of concentration. As one screener told us: “A misidentification of an enemy combatant with a weapon and a female carrying a broom can have dire consequences.”

Screeners can have an important safety function in reducing collateral damage – the proverbial “busload of nuns” which appears out of nowhere into the field of fire. But their interpretations of video imagery – “calls”, in military parlance – can also influence drone pilots to take shots. As one screener commented, once you’ve influenced the mentality of the pilot by indicating the presence of something hostile, it’s hard to retract it.

In one notorious incident, the crew of a MQ-1 Predator drone flying over Afghanistan’s Uruzgan province in February 2010 ignored ambiguities in their screeners’ assessments as to whether the trucks they were tracking contained combatants. As a result, at least 15 civilians were killed.

“When you mess up,” The Bureau was told, “people die.”

Contractors

The companies being paid to undertake this work range from industry leviathans like BAE to specialist tech firms like Zel Technologies and Advanced Concepts Enterprises.

Finding out who was performing this work was itself an arduous task. The Department of Defense records thousands of procurement transactions most days every year. From 2009 to the end of 2014 there have been over 8 million transactions between the Pentagon and the private sector. The Bureau analysed these transactions through its own specially constructed database, which allowed it to identify activities relating to ISR and then build up profiles of the contracts and companies carrying out those activities.

Table: US Military Imagery Analysis Contracts since 2010 (click to enlarge)

The Bureau identified over $260 million of screening transactions. But this is a niche market compared to the wider outsourced ISR effort. The private sector has been operating smaller surveillance drones over Afghanistan and other countries, managing communications between drones and their bases in the US and elsewhere, maintaining data collection systems and servicing sensors, to name just some functions. Procurement costs for these services run into billions of dollars.

Questions of accountability come to the fore in this type of outsourced warfare. Following considerable pressure, the military now publishes figures of contractors on the ground in Iraq and Afghanistan. But this transparency does not extend to ISR missions conducted in those countries – or elsewhere – from behind computer screens in Florida and Nevada.

From Screening to Targeting?

Although contractors are so far not supposed to have their fingers on the drones’ triggers, fears have been expressed that this distinction might be harder to maintain in practice. One military outsourcing specialist, Laura Dickinson, told us that if the ratio of contractors to government personnel swells, “oversight could easily break down, and the current prohibition on contractors making targeting decisions could become meaningless.”

Shortly after The Bureau published its investigation in The Guardian, the Pentagon announced that it would ramp up the number of ISR missions with ten new contractor-operated MQ-9 Reaper Combat Air Patrols. This puts contractors into the driving seat of large, combat-capable drones for the first time, although the Pentagon says these will be “ISR only”. The private sector’s involvement in drone warfare, it seems, is just taking off.

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Crofton Black is a researcher, journalist and writer with extensive experience of complex investigations in the field of human rights abuses and counter-terrorism. He is a leading expert on the CIA’s rendition, detention and interrogation programme and a specialist in military and intelligence corporate contracting. He has a PhD in the history of philosophy from the University of London.

Crofton completed a report for the Remote Control Project last year on the use of contractors in US special forces operations.

By Wim Zwijnenburg and Doug Weir

Is the US backpedalling on its use of depleted uranium (DU) rounds? There are indications that the use of these highly toxic munitions could increasingly be a political liability for the US, with countries affected by DU, like Iraq, other UN Member States, and populations in contaminated areas all expressing concerns over its use and impact. But stigmatisation, although important, is not enough on its own – in order to make sustained progress on accountability and in reducing civilian harm, a broader framework that addresses all toxic remnants of war is needed.

In a recent policy change, the Pentagon stated that it has not, and will not use DU in Iraq and Syria during Operation Inherent Resolve. The decision, which was cautiously welcomed by campaigners, contrasted with a statement made in October 2014, when the US announced the deployment of A-10 gunships to the conflict. The standard combat load for the A-10’s cannon includes a 30mm DU armour-piercing incendiary round, and in autumn 2014 a US Air Forces spokesperson said that the Air Force was ready to use DU again in Iraq and Syria.

Iraq is no stranger to DU: at least 404,000kg of the radioactive and chemically toxic heavy metal was fired in the country in 1991 and 2003. The fine dust created by DU impacts presents a hazard to civilians if inhaled, and both the dust and fragments of the ammunition can contaminate soil, vehicles and buildings. As DU particles are environmentally persistent, DU’s legacy can last long after conflicts end. Exposure to DU has been linked to increases of cancers and congenital birth defects in areas of Iraq that saw heavy fighting.

Yet despite long-running concerns voiced by Iraqi civilians and international advocates, no robust civilian health studies have ever been undertaken in Iraq to determine this link. Progress on clean-up operations has been slow, and has been hindered by the US’ refusal to provide comprehensive targeting data to UN organisations and the Iraqi government.

The evolving use of DU

The A-10 gunship has long been promoted as a “tank killer”, with the US arguing that DU ammunition is crucial for this function. Justifying the apparent U-turn over Inherent Resolve, a US public affairs official explained that: “The ammunition is developed to destroy tanks on a conventional battlefield. Daesh [Islamic State] does not possess large numbers of tanks.”

While its original Cold War close air support role did primarily concern the destruction of Soviet tanks and armoured vehicles, even then there were questions over the legality of DU. As a result, a 1976 legal review undertaken by the United States Air Force of the A-10’s DU ammunition sought to ensure that it was not used in populated areas and to restrict its use to armoured targets.

However, the role of the A-10 has evolved since the 1970s, as has its range of targets. This was clear from data from the 2003 Iraq War, acquired by PAX in 2014. It revealed DU use by A-10s against anti-aircraft guns, buildings, trucks and un-mounted troops. Data on targets from the conflicts in the Balkans painted a similar picture. With the A-10s role evolving from attacks on armour to more general close air support, aircraft were often called in for a broader range of operations, this led to DU being used against other targets, even in densely populated areas. Once loaded with the standard combat mix, a mixture of DU and high explosive rounds, it is impossible to change the type of munitions in flight for attacks against non-armoured targets of opportunity, thus heightening the risk of exposure to civilians close to other targets.

Recently published figures on the 4,817 targets selected by US CENTCOM show that more than 120 tanks and armoured vehicles were destroyed in the first six months of the air campaign. There was therefore ample opportunity for the A-10 and its DU rounds to “kill tanks”, yet the US subsequently chose not to equip its A-10s with DU. Could this change in posture have more to do with a changing political environment, and in particular the growing stigmatisation of DU, than military calculations alone?

Stigmatisation

More than two decades after its first use in Kuwait and Iraq in the 1991 Gulf War, concern over the humanitarian and environmental legacy of DU has gradually increased.

In recent years, legislation banning the weapons has been introduced in Belgium and Costa Rica. The European Parliament has also issued a number of resolutions calling for a moratorium on use and, most recently, a common EU position in favour of a ban. Since 2007, five UN General Assembly resolutions have been passed by large majorities. These have highlighted DU’s potential health risks, called for the release of targeting data to allow clean-up, for a precautionary approach to DU’s post-conflict management and, in 2014, for international assistance for states affected by DU use. This last resolution was supported by 150 states and opposed by just four, including the US. In addition to establishing soft law norms on DU, the process has also created a platform for an increasing number of states to voice their concerns over the weapons.

Perhaps the most influential of these was from Iraq in March 2014, where its government expressed:

[D]eep concern over the harmful effects of the use in wars and armed struggles of armaments and ammunitions containing depleted uranium, which constitute a danger to human beings and the environment.

The Iraqi government called for the UN, its specialised agencies, member states and civil society to take a proactive approach to the issue and to condemn DU use. They also argued for:

[A] binding and verifiable international treaty prohibiting the use, possession, transfer and trafficking of such armaments and ammunitions.

Clearly then, the further use of DU munitions by the US in Iraq would have been viewed as unacceptable by the Iraqi government, and would have been likely to result in further criticism of the increasingly controversial munitions.

Leaving through the back door?

Could the changing political climate be influencing US policy on DU? The US had previously come under pressure from civil society campaign the International Coalition to Ban Uranium Weapons (ICBUW) in 2011 over fears that DU would be used against Gaddafi’s tanks in Libya. Recent evidence of DU’s international stigmatisation has come, ironically, from the Joint Strike Fighter, which is supposed to replace the ageing A-10 in its close air support role – a decision that is proving controversial in the US. During the fighter’s development, project partners including Australia, Norway and Denmark expressed concern over the US proposal that it would use a DU round, insisting that an alternative material be found. DU was eventually ruled out, as were other toxic metals such as beryllium. Elsewhere there are signs of shift away from DU in the US’s other medium-calibre ammunition.

In 2008, just a year after the first UN General Assembly resolution, the US Army Environmental Policy Institute (AEPI) argued that alternatives were needed, stating that ‘the military should continue pursuing R&D for substitutes and be prepared for increased political pressure for current and past battlefield cleanup’. The Massachusetts Institute of Technology is one of several bodies researching less toxic materials, and in December 2014, published a new advance in manufacturing nanocrystalline tungsten alloys, which results in a material with similar properties to DU. DU’s toxicity is a key driver for this research.

While changes in procurement policies are slow, decisions like that taken over Inherent Resolve are tangible signs that international pressure is changing DU policy. Nevertheless, the emerging threshold of acceptability for DU use remains poorly defined and it is unlikely that the US will seek to clarify it any time soon. Operation-specific factors – such as Iraq’s clear position in favour of a ban – are also likely to remain important in determining whether DU is used or not. Backlash over veteran exposure, community opposition and financial liabilities associated with former testing ranges may also influence policy within the US.

The way forward

Welcome as these developments are, they serve to highlight the current lack of formal obligations for post-conflict DU clearance and victim assistance. Unlike explosive remnants of war, and in spite of the soft norms developing at the UN General Assembly, accountability and assistance for past DU use is underdeveloped and requires attention from both civil society and the international community.

As was the case with anti-personnel landmines, it will not be enough to simply stop DU being deployed. Protecting civilians requires that its legacy is also dealt with. DU remediation is costly and technically challenging, and states recovering from conflict require assistance to implement effective programmes.

More broadly, DU is just one of a number of toxic munitions constituents, and munitions just one of a wide range of pollutants generated by conflict. These toxic remnants of war pose a threat to human and environmental health before, during and after conflict. Efforts to minimise the practices that generate them and work to ensure that their impact is properly assessed and responded to could contribute greatly to not only the protection of civilians but also of the environment upon which they depend. Tackling the causes and legacy of conflict pollution also provides a welcome opportunity to creatively merge the environment, public health, human rights and humanitarian disarmament in response to the toxic footprint of modern warfare.

Wim Zwijnenburg works as a Program Leader Security & Disarmament for PAX, a Dutch peace organisation. He has a research program in Iraq on the impact of depleted uranium munitions, works on Toxic Remnants of War in Syria, emerging military technologies such as (armed) drones, and is supporting the Control Arms campaign in regulating the global arms trade.

Doug Weir is the Coordinator of the International Coalition to Ban Uranium Weapons, a global coalition seeking a ban on the use of DU and for assistance to communities affected by its use. He also manages the Toxic Remnants of War Project, which explores state responsibility for the toxic legacy of military activities. 

 

Featured image: A tank destroyed and contaminated with DU in 2003 near Basrah. Credit: UK Ministry of Defence