Today at 21:01
Ukraine can use cluster munitions for military purposes, that is, against the Russian army – this is absolutely justified from both a military and legal point of view. Oleksandr Merezhko, head of the Committee of the Verkhovna Rada of Ukraine on Foreign Policy and Interparliamentary Cooperation, announced this today, July 9, on the air of the FREEDOM TV channel.
This is how he commented on the statement of the speaker of the German federal government, Steffen Hebestreit, when asked by journalists to comment on the US decision to transfer cluster munitions to Ukraine, that Germany is generally opposed to the use of cluster munitions. But in the case of Ukraine, it is about the protection of its territory.
Merezhko explained the situation from an international legal point of view.
“Indeed, several states have made statements about what they oppose. By the way, it seems to me that Germany has taken a more constructive position, since it sees a well-founded exception in the case of Ukraine, so it does not oppose the provision of cluster munitions to Ukraine. The bottom line is that there is an international treaty in which about 120 states participate, which prohibits the use, use, and production of cluster munitions for humanitarian reasons. The fear that these munitions may not explode and then the civilian civilian population may suffer after some time. But, first of all, the legal point is very important — Ukraine is not a party to this treaty, as are Russia and the United States. Legally, we are not obliged to refrain from the possibility of using cluster munitions. This is not a violation of international law,” he said.
Secondly, the chairman of the VRU committee reminded, Russia has already used cluster munitions, namely against the civilian population.
“One glaring example: when the Sonechko kindergarten was shelled, a terrible bloody story, Russia used cluster munitions against the peaceful civilian population,” Merezhko clarified.
Also, according to him, there is another technical point.
“Those cluster munitions that will be transferred by the USA to Ukraine, they are quite effective. They are not the kind used by Russia (which may not explode, remain, after some time the civilian population may suffer). Those cluster munitions that will be handed over to the USA are much safer for the civilian population and much more effective,” the chairman of the VRU committee assured.
Merezhko clarified that some countries oppose the provision of such ammunition to Ukraine due to the fact that they themselves are parties to this treaty and consider this issue through the prism of the treaty.
“Regarding the war crime. A war crime is a violation of international humanitarian law, laws and customs of war. When Russia uses cluster munitions against the civilian population, it is a grave war crime, a violation of international humanitarian law. But when the same ammunition is used against the regular army, it is not a violation of international humanitarian law and international law in general,” he says.
In addition, from the point of view of international humanitarian law, providing military aid to a victim of aggression is not only not a violation, but on the contrary, it contributes to the observance of international law.
“I would even say that it is a duty. Because by helping a victim of aggression, you are helping to fight such a grave violation of international law as the crime of aggression. It is very important. Therefore, the United States, by providing us with military and technical assistance, protects the international legal order, acts in the interests of the international legal order,” Oleksandr Merezhko summarized.
Note that Ukraine will receive DPICM cluster munitions in the new aid package from the US. Their transfer is absolutely legal and justified, since the Convention on cluster munitions, signed in 2008, was not implemented in the USA, Russia and Ukraine. The range of these cluster munitions is 29 km, provided that they are fired using artillery.
