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Conclusion

The October 2004 DoD Report to Congress and the FY 2006 budget show that the United States recognizes that there are problems with cluster munitions, in particular their high dud rates.  The former says so directly and the latter implies it by requesting only new technologies or retrofits for old technologies.  Nevertheless, the DoD Report to Congress reveals an intention to hold onto, and possibly use, an existing stockpile of outdated models which pose unacceptably high risks for civilians. 

While Human Rights Watch commends the DoD for implementing the Cohen policy, any future improvements will be undermined by continued insistence on stockpiling and using old, inaccurate and unreliable submunitions.  In keeping with the spirit of the Cohen policy which recognizes the dangers these submunitions pose to both civilians and military personnel, the United States should prohibit the use of any submunitions that have a failure rate of greater than 1 percent, and should destroy or retrofit existing stocks that do not meet that standard.  The United States should also prohibit the use in or near populated areas of all non-precision-guided submunitions, including those with self-destruct devices, and should accelerate efforts to increase the accuracy of cluster munitions and their submunitions.