Australian responsibility: cluster bomb carnage in Iraq

The cluster bomb attack on al Hilla received international media attention, and was condemned by Amnesty International and Britain's Diana Fund, founded by Britain's Princess Diana to stop international land mine use [13, 14].

On 28 March, 36 civilians died from cluster munitions in Najaf (160 kilometres south of Baghdad) and another 40 on April 2. A hospital survey of Najaf in mid April 2003 listed 378 dead and at least 920 injured [15]. At least 405 civilians, including 169 children, were killed and 900 injured in Nasiriyah, further south. Most died in the extensive ground battle from the start of the invasion through 31 March [16], with extensive use of cluster munitions [17].

On April 2-3, hospital officials reported at least 43 civilians were killed during US attacks on Republican Guard units in Aziziyah and the nearby village of Taniya, with many of the dead being children [18]. At least 35 died at Kerbala, most from cluster bombs, after the city fell to US forces on April 6 [24]. These are official hospital death figures, undoubtedly underestimates; many civilian deaths went unreported, as many who died never made it to a hospital or a morgue.

After first categorically denying they had used cluster munitions, the US then claimed that the high incidence of civilian deaths was because the Iraqis sited military installations- primary targets for US bombs- near civilian centres [24]. This is debatable, as eye witnesses in Hilla claimed the Iraqi military had fled before the cluster bomb attack [19]. Karbala civil-defence chief Abdul Kareem Mussan was quoted as saying that his 'men are harvesting about 1,000 cluster bombs a day in places [US Military] said were not targets' [24]. Regardless, under Article 85, 3(b) of the Geneva Conventions (Protocol 1), to which Australia is a signatory, it is a war crime to launch 'an indiscriminate attack affecting the civilian population in the knowledge that such an attack will cause an excessive loss of life or injury to civilians' [20].

Cluster bomb use in populated areas also violates Article 48, which protects civilians from military attack, and Article 51, which prohibits indiscriminate attacks. Section 3(b) (Article 51) defines indiscriminate attacks as 'those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction'. Section 4(a) prohibits any 'attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated' [20].

Defence Minister Robert Hill was questioned directly regarding the Coalition's use of cluster bombs on Channel 10's Meet the Press on April 6. He made it clear that Australia did not actively oppose their use by the US and UK [21]:

'DEBORAH SNOW: Minister, I would like to ask you a question about cluster bombs which have been inflicting some horrendous injuries, it seems, in parts of Iraq - including segments of the civilian population. I know that Australia doesn't use them, or assist in their use, so you've said, but do you actually condone the use of these weapons by our coalition partners the US and the UK in the Iraqi situation?

ROBERT HILL: I don't think that the Americans have actually acknowledged using them...

DEBORAH SNOW: The British have.

ROBERT HILL: They have acknowledged, have they?

DEBORAH SNOW: As far as I am aware.