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Republic of Korea
The Republic of Korea — South Korea — has not signed the Convention on Cluster Munitions. It is a producer and stockpiler of cluster munitions.
South Korea did not participate at all in the process in 2007 and 2008 that led to the development, negotiation, and adoption of the Convention on Cluster Munitions in Dublin in May 2008. It attended as an observer the signing conference in Oslo in December 2008, where 94 nations signed the convention.
South Korea is party to the Convention on Conventional Weapons (CCW), and ratified CCW Protocol V on Explosive Remnants of War (ERW) on 23 January 2008. It has participated in the CCW work on cluster munitions in recent years.
South Korea has not shown enthusiasm for any international action on cluster munitions, even within the CCW. In November 2006, at the Third Review Conference of the CCW, South Korea did not support a proposal for a mandate to negotiate a legally-binding instrument on cluster munitions.[1] However, when the Oslo Process was initiated in the wake of the CCW’s failure to agree to a mandate, South Korea began to maintain that the CCW was the most appropriate forum for work on cluster munitions.
In January 2008, South Korea described the CCW as “a lively and healthy regime” that includes the “most relevant states with regard to cluster munitions” and was therefore able to “generate a realistic and effective solution” to the problems that they cause.[2] While South Korea now supported work in the CCW on a future instrument on cluster munitions, it maintained that cluster munitions were legitimate weapons that were “efficient…in deterring enemy attacks.”[3]
South Korea insists that “the real problem with cluster munitions lies in their irresponsible and indiscriminate use rather than in the weapon system itself.”[4] It advocated that a future instrument on cluster munitions should focus on regulations on the use of cluster munitions, information-sharing for the effective clearance of explosive remnants of war, victim assistance, and the applicability of existing international humanitarian law (IHL). “We believe that stricter application, implementation and enforcement of the existing IHL would greatly contribute to effectively addressing concerns regarding cluster munitions,” it stated. [5] “One of the main concerns with respect to cluster munitions is the problem of non-combatant casualties…in post-conflict situations. Given that such casualties are often heavier than civilian death tolls from the conflict itself, it is important to establish procedures for the release of information regarding the location of areas targeted by cluster munitions, as well as the number of cluster munitions used, in order to facilitate the clearing of ERW after the conflict,” it said.[6]
South Korea has said that technical improvements could play an important role in reducing the impact of cluster munitions, but any guidelines based on technical standards in a future international instrument would need to take into account the economic and technical abilities of each State Party.[7] In the discussions on a possible future protocol on cluster munitions, South Korea has stressed the need for a lengthy transition period before restrictions and other obligations take effect.[8]
In November 2008, when the CCW again failed to reach agreement on cluster munitions after seven weeks of meetings, South Korea stated it was “disappointing” and supported continuing work in 2009.
At that time, South Korea announced that it was taking national measures on cluster munitions, after the establishment of a directive in 2008, requiring that in the future it only acquire cluster munitions with self-destruct mechanisms and a 1% or lower failure rate.[9]
During the October 2008 Global Week of Action on cluster munitions, campaigners in South Korea issued a statement by 28 organizations calling on the government to sign the Convention on Cluster Munitions in Oslo. Campaigners met with the Minister of Foreign Affairs and officials from the Ministry of National Defense to urge signature. Campaigners organized a concert to raise awareness on the issue and collected signatures for the People’s Treaty. [10]
At the signing conference in Oslo in December, South Korea in its capacity as an observer said, “We value the intent of the [Convention on Cluster Munitions], but considering the current relations between the North and the South, we can’t sign it…. Today I’m here to show our presence from our perspective of placing emphasis on human rights diplomacy.” [11]
To explain South Korea’s decision not to sign the convention, an official from the Ministry of National Defense said the “Republic of Korea, which confronts the heavily armed North Korean military, can’t abandon scatter bombs [cluster munitions]…. We can’t ignore worldwide trends, but national security is our immediate priority.”[12]
Use, Production, Transfer, and Stockpiling
According to a July 2008 statement, “The Republic of Korea currently possesses cluster munitions for self-defense because of the unique security environment it faces. What should be noted here is that we have never used that weapon system in the real battlefield, and have never caused any harm to civilians. The stockpiles of cluster munitions are under strict oversight and management of military authority.”[13]
The Ministry of National Defense has said that “South Korea stopped production of old types of cluster munitions,” and “cluster munitions currently in production have a high level of reliability and most are equipped with [self-destruct] mechanisms.”[14]
The United States concluded a licensing agreement with South Korea in 2001 for production of dual purpose improved conventional munition (DPICM) submunitions for Multiple Launch Rocket System (MLRS) rockets.[15] Two companies in South Korea, Hanwha and Poongsan, produce cluster munitions.
Both companies were excluded from investment under the Norwegian Petroleum Fund’s ethical guidelines for producing cluster munitions, Poongsan in December 2006 and Hanwha in January 2008.[16]
Hanwha responded to an inquiry from Norges Bank in Norway about its status as a producer by stating, “Hanwha Corporation has manufactured [multiple launch rocket systems] and 2.75 inch [Multi-Purpose Submunitions] rockets, which can be classified as cluster/cargo munitions and has also produced KCBU-58B in the past.”[17] It lists a “scattering bomb for aircraft” as a product on its corporate website.[18] In March 2008, Hanwha apparently exported an unknown quantity of M261 Multi-Purpose Submunition (MPSM) rockets (each containing nine M73 submunitions) to Pakistan.[19]
According to research conducted by the Ethical Council of the Norwegian Government Pension Fund (Global) in 2006, Poongsan’s website advertised a 155mm projectile containing 88 submunitions designated DP-ICM TP, and another 155mm projectile with submunitions designated DP-ICM K305.[20] In April 2009, Poongsan listed among its products the following two types of 155mm artillery projectiles that contain submunitions: K308 DP-ICM TP containing 88 K224 submunitions, and K310 DP-ICM B/B containing 49 K221 submunitions.[21]
Poongsan entered into a licensed production agreement with Pakistan Ordnance Factories in November 2004 to co-produce K310 155mm extended-range (base bleed) DPICM projectiles in Pakistan at Wah Cantonment. While the ammunition is primarily being produced for Pakistan’s army, the two firms will also co-market the projectiles to export customers.[22]
In 2005, South Korea’s Ministry of National Defense acknowledged that it “maintains stockpiles of old types of cluster munitions with a high failure rate” and stated, “There are currently no plans to upgrade these holdings…. Equipping old types of submunitions with [self-destruct] mechanisms is not considered feasible due to technical and financial problems.”[23]
South Korea has imported a variety of cluster munitions from the US. It is known to possess M26 rockets, M26A1 extended range rockets and ATACMS missiles for its MLRS launchers. Between 1993 and 1999, the US provided 393 M26A1 Extended Range rocket pods, 271 M26 rocket pods, 111 ATACMS-1 missiles, and 111 ATACMS missiles.[24] South Korea also stockpiles several artillery projectiles with DPICM submunitions (M483A1, M864, and M509A1) imported from the US. [25]
In 2001, the US supplied South Korea with 16 each of the following cluster bombs: CBU-87, CBU-97, CBU-103, and CBU-105.[26] Jane’s Information Group lists it as possessing CBU-87 and Rockeye cluster bombs.[27]
[1] Proposal for a Mandate to Negotiate a Legally-Binding Instrument that Addresses the Humanitarian Concerns Posed by Cluster Munitions, Presented by Austria, Holy See, Ireland, Mexico, New Zealand, and Sweden, Third Review Conference of the States Parties to the CCW, Geneva, CCW/CONF.III/WP.1, Geneva, 25 October 2006.
[2] Statement by Amb. Dong-hee Chang, Permanent Representative to the Conference on Disarmament, First 2008 Session of the CCW Group of Governmental Experts (GGE) on Cluster Munitions, Geneva, 14 January 2008.
[3] Ibid.
[4] Ibid.
[5] Ibid.
[6] Statement by Amb. Dong-hee Chang, Third 2008 Session of the CCW GGE on Cluster Munitions, Geneva, 7 July 2008.
[7] Statement of the Republic of Korea, Third 2008 Session of the CCW GGE on Cluster Munitions, 15 July 2008. Notes by Landmine Action.
[8] Statement of the Republic of Korea, Fifth 2008 Session of the CCW GGE on Cluster Munitions, 4 November 2008. Notes by Landmine Action.
[9] Statement of the Republic of Korea, Ninth Meeting of States Parties to the CCW, Geneva, 13 November 2008. During 2008, South Korea included a representative of the Hanwha Company, a Korean company which produces cluster munitions, in its official delegation to the CCW.
[10] CMC, “Global Week of Action to Ban Cluster Bombs, 27 October - 2 November 2008,” www.stopclustermunitions.org.
[11] “Facing military confrontation, South Korea clings to cluster munitions,” Mainichi Daily News, 8 December 2008, mdn.mainichi.jp.
[12] Ibid.
[13] Statement by Amb. Dong-hee Chang, Third 2008 Session of the CCW GGE on Cluster Munitions, Geneva, 7 July 2008.
[14] Communication from the Ministry of National Defense through the Permanent Mission of the Republic of Korea to the UN in Geneva, to Pax Christi Netherlands, 3 June 2005.
[15] Notification to Congress pursuant to Section 36(c) and (d) of the Arms Export Control Act, Transmittal No. DTC 132–00, 4 April 2001, www.pmddtc.state.gov.
[16] Norwegian Ministry of Finance, “South Korean producer of cluster munitions excluded from the Government Pension Fund – Global,” Press release, 6 December 2006, www.regjeringen.no; and Norwegian Ministry of Finance, “One producer of cluster munitions and two producers of nuclear weapons excluded from the Government Pension Fund – Global,” Press release, 11 January 2008, www.regjeringen.no.
[17] Norwegian Ministry of Finance, “Recommendation on exclusion of the companies Rheinmetall AG and Hanwha Corp.,” 15 May 2007, www.regjeringen.no. MLRS are ground rocket systems. The 2.75 inch rockets are usually fired from helicopters. The MKCBU-58B is an air-dropped cluster bomb.
[18] Hanwha Corporation, “Product Information, High Explosives,” undated, english.hanwhacorp.co.kr.
[19] The Omega Research Foundation in the UK provided Human Rights Watch with a copy of an Import General Manifest summary produced by the Pakistan Federal Revenue Board for the vessel BBC Islander at Karachi port, dated 19 March 2008, noting the goods were loaded at Busan, and identifying the importer as Chief Inspector, Inspectorate of Armament. The shipment of 1,219 tons included the cluster munition rockets and other weapons and materials. The MPSM rockets are usually fired from helicopters.
[20] Letter from Council on Ethics for the Norwegian Government Pension Fund–Global, to the Norwegian Ministry of Finance, “Recommendation of 6 September 2006,” 6 September 2006, www.regjeringen.no.
[21] Poogsan, “Defence Products, Howitzer Ammunition,” www.poongsan.co.kr.
[22] “Pakistan Ordnance Factory, S. Korean Firms Sign Ammunition Pact,” Asia Pulse (Karachi), November 24, 2006.
[23] Communication from the Ministry of National Defense through the Permanent Mission of the Republic of Korea to the UN in Geneva, to Pax Christi Netherlands, 3 June 2005.
[24] Date from US Defense Security Cooperation Agency, Department of Defense, “Notifications to Congress of Pending U.S. Arms Transfers,” “Foreign Military Sales,” “Direct Commercial Sales,” and “Excess Defense Articles” databases, www.dsca.osd.mil. M26 rockets each contain 644 submunitions, and there are six rockets to a pod. M26A1 rockets have 518 submunitions each. ATACMS 1 missiles have 950 submunitions each.
[25] M483A1 shells have 88 submunitions, M864 have 72.
[26] Defense Security Cooperation Agency, “Republic of Korea - F-15E/K Aircraft Munitions and Avionics,” Press release, 15 February 2001, www.dsca.mil. It also provided 45 AGM-54 JSOW bombs, but it is not known if these were the version with bomblets
[27] Robert Hewson, ed., Jane’s Air-Launched Weapons, Issue 44 (Surrey, UK: Jane’s Information Group Limited, 2004), p. 841. CBU-87 bombs have 202 submunitions, and Rockeyes 247.