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CLUSTER MUNITION BAN LIFTED ⟩ Lithuania Aligns with NATO Neighbors Who Have Not Joined the Oslo Convention

Estonian Defense Forces received cluster shells in 2004 together with FH70 155mm howitzers, that are currently operating in Ukraine. Photo: mil.ee
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Lithuania is poised to lift its ban on cluster munitions, aligning its arms policy with all other NATO allies bordering Russia who have not joined the international convention prohibiting these weapons. Residue risks to civilian populations still remain.

On July 3, the Lithuanian government endorsed a proposal from the Ministry of National Defense to withdraw from the 2008 Oslo Convention on Cluster Munitions (CCM). This draft resolution still requires approval from both Parliament and the President, who has signaled his support for the proposal. If Lithuania exits the Convention, it will no longer be barred from procuring, stockpiling, or using cluster munitions when necessary. To date, a total of 124 states have joined the Convention.

According to the Lithuanian news portal LRT, the idea to leave the Convention was first floated last year when the US started supplying cluster munitions to Ukraine. Lithuania aligns its policy with other NATO countries bordering Russia, as Norway, Finland, Estonia, Latvia, Poland, Romania and Turkey never joined the Convention. Most European allies and Canada remain parties to the Convention.

Used by Both Russia and Ukraine

Estonia, for instance, stayed out because of existing stocks of thousands of cluster shells acquired in 2004 from Germany, together with FH70 155mm howitzers, and because of the effectiveness of the weapon against an overwhelming opponent.

A senior Latvian source explained to The Baltic Sentinel that Riga stayed out of the agreement, considering that cluster munitions were part of the operational concept of NATO's largest member state, the U.S., and Latvia did not want to restrict their use during potential collective defense operations on its soil. "In Ukraine, we see the difference with and without cluster munitions," the source said.

Estonia’s Ministry of Defense stated that it was considering donating its cluster ammunition stocks to Ukraine. Information about whether Estonia followed through with its plan to donate the munitions to Ukraine remains classified. Ukraine has an obligation to use the donated cluster munitions only against Russian military targets.

Estonian artillery officer Colonel Kaarel Mäesalu explained to Estonian National Broadcasting that even in ideal conditions, there would be 5-10% unexploded residue, resulting in areas contaminated with unexploded submunitions. Colonel Mäesalu explained that the contamination problem can be contained by restricting the use of cluster munitions in certain areas.

Residue Risks Remain

Cluster munitions should not be fired in inhabited areas and near civilian populations. Terrain and weather also matter, as snowy conditions, areas with tall vegetation, hilly terrain, or bodies of water increase the number of unexploded grenades.

The 2008 Convention drew upon experience from the Mine Ban Treaty of 1997, which prohibited anti-personnel mines. Following the treaty, deminers reported the problem of other unexploded ordnance, including cluster munitions.

The international commitments under the Oslo Convention also restrict Allied forces in Lithuania, affecting their defensive capabilities and combat readiness by prohibiting the use of cluster munitions for training or combat. Vilnius claims this limitation weakens deterrence, as potential adversaries are aware that Lithuanian and Allied troops cannot use or possess these effective defense tools.

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