Summary

Non-signatory China acknowledges the humanitarian concerns over cluster munitions but has not taken any steps to join the Convention on Cluster Munitions. China has participated as an observer in every meeting of the convention. It voted in favor of the key annual United Nations (UN) resolution promoting the convention in December 2021.

China produces, exports, and stockpiles cluster munitions, but says that it has never used them.

Policy

The People’s Republic of China has not acceded to the Convention on Cluster Munitions.

China has stated that it “ascribes to the goal and principles” of the convention, without joining it.[1] In November 2020, China told States Parties that military and security needs of states must be taken into account when addressing the humanitarian concerns raised by cluster munitions.[2] China has repeatedly stated that it “cannot join the convention at the moment…due to our national defence needs.”[3]

China has long objected to the manner in which the convention was negotiated outside of UN auspices.[4] It often states that “the users of cluster munitions, particularly those who massively used cluster munitions on other countries’ territory” must “effectively shoulder the responsibility for their clearance.”[5]

China did not participate in the Oslo Process that created the Convention on Cluster Munitions.[6] When the convention opened for signature in Oslo in December 2008, China issued a statement committing to work for an “early and proper solution on the humanitarian problems arising from cluster bombs.”[7]

China has participated as an observer in every meeting of the convention, most recently the Second Review Conference held in November 2020 and September 2021.[8]

In December 2021, China voted in favor of the key United Nations General Assembly (UNGA) resolution that called on states outside the Convention on Cluster Munitions to “join as soon as possible.”[9] Previously, China had abstained from voting on the annual UNGA resolution promoting the convention since it was first introduced in 2015.

China has not commented on concerns over civilian harm from Russia’s use of cluster munitions in Ukraine, but in May 2022 a Ministry of Foreign Affairs spokesperson sharply condemned past cluster munition use by the United States (US) in southeast Asia.[10]

China voted in favor of a Security Council resolution expressing concern at evidence of cluster munition use by Sudan in 2015.[11]

China is not party to the Mine Ban Treaty.

China is party to the Convention on Conventional Weapons (CCW). China supported a failed effort to create a new CCW protocol on cluster munitions in 2008–2011, and has not pushed to negotiate a CCW protocol on cluster munitions since then. The CCW failure left the Convention on Cluster Munitions as the sole legally binding instrument dedicated to ending human suffering caused by these weapons.

Use

China has repeatedly stated that it has never used cluster munitions anywhere in the world.[12] In November 2020, China told States Parties that it “has never used cluster munitions in external territories.”[13] Previously, in September 2018, China told States Parties that it “never uses” cluster munitions.[14]

Production and stockpiling

China has acknowledged to the Monitor that it produces, stockpiles, and exports cluster munitions.

State-owned company China Northern Industries (Norinco) produces a range of conventional air-dropped and ground-launched cluster munitions including bombs, artillery projectiles, and rockets. It most recently produced the Tianlei 500, which is a 500kg air-to-surface cluster munition capable of dispensing 240 submunitions at a range of 60km from the launching point.[15]

Sichuan Aerospace Industry Corporation, a subsidiary of state-owned China Aerospace Science and Technology Corporation (CASIC), produces and markets 302mm (WS-1, WS-1B, and WS-1E) and 320mm (WS-2) unguided multiple-launch surface-to-surface artillery rockets available with “armor-defeating and killing double use cluster,” “comprehensive effect cluster,” and “sensor fused cluster” warheads.[16] Additionally, several of China’s ballistic missile systems are reported to have warheads that contain conventional explosive submunitions, but few details are available.[17]

Cluster munitions produced in China[18]

Note: N/A=not applicable; DPICM=dual-purpose improved conventional munition; AP=antipersonnel; AT=antitank; APAM=antipersonnel/antimateriel; CEM=combined effects munition; SFW=sensor fuzed weapon.

CASIC has developed the SY300 and SY400, which are 300mm and 400mm munitions, with dual-purpose submunitions and blast fragmentation warhead options.[19] The China Precision Machinery Import and Export Corporation promoted the SY300, SY400, and P12 systems at the IDEX 2015 arms fair in Abu Dhabi.[20] In 2016, China’s military TV channel reportedly broadcast footage of a CASIC DF-16B medium-range ballistic missile capable of delivering a cluster munition warhead over a distance of 800–1,000km.[21]

Transfers

There is no transparency on China’s exports and transfers of cluster munitions. In September 2019, China told States Parties that it has “a prudent and responsible attitude” regarding exports of cluster munitions, stating “We do not export military products to countries under Security Council embargoes and sanctions and do not provide weapons to non-state actors or individuals.”[22] In 2012, a government official said that China’s “strict policy on exporting weapons” applies to cluster munition transfers.[23]

Cluster munition remnants of Chinese origin have been found in Iraq, Israel, Lebanon, and Sudan:

• Deminers in Iraq cleared unexploded Type-81 dual-purpose improved conventional munition (DPICM) submunitions in 2003.[24] The US military’s unexploded ordnance identification guide also identifies the Chinese Type-2 250kg dispenser as being present in Iraq.[25]
• Hezbollah fired more than 100 Chinese Type-81 122mm rockets containing Type-90 (also called MZD-2) DPICM-type submunitions into northern Israel in July–August 2006.[26]
• Deminers in southern Lebanon have also found MZD-2 DPICM submunitions, fired from 122mm rockets.
• A Rockeye-type cluster bomb with Chinese language external markings was documented in Yei, Sudan in 2006.