{ "site": "https://trumpswarcrimes.com", "generatedAt": "2026-04-08T03:57:56.458Z", "record": { "slug": "cluster-munitions-purchase-israel", "title": "Pentagon Signs $210M+ Deal to Purchase Cluster Munitions From Israel", "url": "https://trumpswarcrimes.com/incident/cluster-munitions-purchase-israel", "date": "2026-02-06", "lastUpdated": "2026-03-26", "displayDate": "February 6, 2026", "displayLastUpdated": "March 26, 2026", "summary": "The US contracted with an Israeli state-owned arms manufacturer for banned cluster munitions at industrial scale, reversing decades of declining reliance on these weapons and funding an Israeli weapons program while cluster munitions continue to kill and maim civilians worldwide.", "category": "foreign-policy", "categoryLabel": "Foreign Policy & War", "severity": "severe", "severityLabel": "Serious Rights Violation", "posture": "reported", "postureLabel": "Reported record", "ongoing": true, "victims": "No direct casualties from the procurement itself. Cluster munitions kill and maim civilians worldwide — both at the time of use (submunitions scatter over wide areas affecting anyone present) and for years afterward (unexploded submunitions function as de facto landmines). The production of new cluster munitions at industrial scale will enable future civilian casualties.", "perpetrators": "US Department of Defense (awarded the contract), Tomer (Israeli state-owned arms company manufacturing the munitions), Pentagon procurement officials (bypassed competitive bidding using 'public interest' exception)", "structuredVictims": [], "structuredPerpetrators": [], "legalBasis": "Convention on Cluster Munitions (prohibition on cluster munitions), IHL principles of distinction and prohibition on indiscriminate weapons, Rome Statute Article 8(2)(b)(xx) (weapons causing unnecessary suffering), CCW Protocol V (explosive remnants of war)", "tags": [ "cluster munitions", "Israel", "Tomer", "arms procurement", "Convention on Cluster Munitions", "indiscriminate weapons", "155mm shells", "civilian harm" ], "keyPoints": [ "On September 30, 2025, the Pentagon awarded an indefinite delivery/quantity contract with a ceiling value of $829.1 million to Tomer, an Israeli state-owned company, for the manufacture and production of the 155mm XM1208 cluster munition shell. The initial order was valued at $210 million.", "The contract was awarded without public competition under a 'public interest' exception to federal contracting law, bypassing normal procurement safeguards.", "This represents the largest known US arms purchase from Israel in at least 18 years of available federal records.", "Cluster munitions are banned by 111 nations under the 2008 Convention on Cluster Munitions due to their indiscriminate nature — they scatter submunitions over wide areas, and unexploded submunitions kill and maim civilians for years after use.", "Human Rights Watch called the plan 'a deadly regression,' warning it would put civilians at grave risk and further weaken global norms protecting civilians from banned weapons." ], "sourceCount": 6, "documentCount": 0, "updateCount": 0, "warCrimeClassification": "enabling", "internationalLaw": [ { "statute": "Convention on Cluster Munitions (2008)", "provision": "Prohibits the use, production, transfer, and stockpiling of cluster munitions. 111 states parties. Neither the US nor Israel has signed" }, { "statute": "International Humanitarian Law", "provision": "Prohibition on indiscriminate weapons — cluster munitions scatter submunitions over wide areas, posing inherent risks to civilians" }, { "statute": "International Humanitarian Law", "provision": "Principle of distinction — the wide-area effect of cluster munitions makes distinction between military and civilian objects extremely difficult" }, { "statute": "Rome Statute of the International Criminal Court", "article": "Article 8(2)(b)(xx)", "provision": "War crime of employing weapons which are of a nature to cause superfluous injury or unnecessary suffering" }, { "statute": "Convention on Certain Conventional Weapons (CCW)", "article": "Protocol V", "provision": "Obligations on explosive remnants of war — states must take precautions to minimize the risk to civilians from unexploded ordnance" } ], "iccRelevance": false, "legalAnalyses": [ { "title": "US: Cluster Munitions Plan a Deadly Regression", "url": "https://www.hrw.org/news/2026/02/09/us-cluster-munitions-plan-a-deadly-regression", "organization": "Human Rights Watch" }, { "title": "Rep. Sara Jacobs Leads Oversight Push of DoD's $210 Million Purchase", "url": "https://sarajacobs.house.gov/news/press-releases/rep-sara-jacobs-leads-oversight-push-of-dods-210-million-purchase-of-cluster-munitions-from-israeli-government-backed-company", "organization": "U.S. Congress" } ], "description": "The Pentagon signed a $210 million contract — with a ceiling value of $829.1 million — with the Israeli state-owned company Tomer for the production of 155mm cluster munition shells (XM1208), the largest known US arms purchase from Israel. Cluster munitions are banned by 111 nations under the Convention on Cluster Munitions due to their indiscriminate nature and long-term danger from unexploded submunitions.", "relatedIncidents": [ "antipersonnel-landmines-policy-reversal", "gaza-arms-complicity", "america-first-arms-transfer-strategy" ], "sources": [ { "url": "https://theintercept.com/2026/02/06/pentagon-israel-cluster-munitions-weapons-sale/", "title": "Pentagon Makes Largest Known Arms Purchase From Israel — For Banned Cluster Weapons", "publisher": "The Intercept" }, { "url": "https://www.hrw.org/news/2026/02/09/us-cluster-munitions-plan-a-deadly-regression", "title": "US: Cluster Munitions Plan a Deadly Regression", "publisher": "Human Rights Watch" }, { "url": "https://sarajacobs.house.gov/news/press-releases/rep-sara-jacobs-leads-oversight-push-of-dods-210-million-purchase-of-cluster-munitions-from-israeli-government-backed-company", "title": "Rep. Sara Jacobs Leads Oversight Push of DoD's $210 Million Cluster Munitions Purchase", "publisher": "U.S. Congress" }, { "url": "https://www.armscontrol.org/factsheets/cluster-munitions-glance", "title": "Cluster Munitions at a Glance", "publisher": "Arms Control Association" }, { "url": "https://en.wikipedia.org/wiki/Convention_on_Cluster_Munitions", "title": "Convention on Cluster Munitions", "publisher": "Wikipedia" }, { "url": "https://www.commondreams.org/news/us-israel-cluster-bombs", "title": "Groups Urge Congress to Block Purchase of Israeli Cluster Bombs", "publisher": "Common Dreams" } ], "documents": [], "timeline": [ { "date": "2008-05-30", "title": "Convention on Cluster Munitions adopted", "summary": "The Convention on Cluster Munitions is adopted in Dublin, prohibiting the use, production, transfer, and stockpiling of cluster munitions. 111 nations ultimately ratify or accede. The United States and Israel decline to join." }, { "date": "2025-09-30", "title": "Pentagon awards $829.1M ceiling contract to Tomer", "summary": "The Department of Defense awards an indefinite delivery/quantity contract with a ceiling value of $829.1 million to Tomer, an Israeli state-owned company, for the 155mm XM1208 High Explosive Advanced Submunition projectile — a cluster munition. The initial delivery order is valued at $210 million. The contract is awarded without public competition." }, { "date": "2026-02-06", "title": "The Intercept reports on the contract", "summary": "The Intercept publishes reporting on the previously unreported contract, revealing it as the largest known US arms purchase from Israel. The deal draws immediate condemnation from human rights organizations." }, { "date": "2026-02-09", "title": "HRW calls deal 'a deadly regression'", "summary": "Human Rights Watch publishes a statement calling the cluster munitions purchase 'a deadly regression' that further weakens global norms protecting civilians from widely banned weapons." }, { "date": "2026-02-10", "title": "Congressional oversight push begins", "summary": "Rep. Sara Jacobs leads a congressional oversight push demanding answers from the Pentagon about why it purchased cluster munitions, whether it plans to continue doing so, and the anticipated humanitarian consequences." } ], "updateLog": [], "contentHtml": "

What Happened

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On September 30, 2025, the US Department of Defense quietly awarded a contract to Tomer, an Israeli state-owned arms company, for the production of 155mm High Explosive Advanced Submunition (XM1208) projectiles — cluster munitions. The initial delivery order was valued at $210 million, with the indefinite delivery/quantity contract carrying a ceiling value of $829.1 million. The contract was first reported by The Intercept on February 6, 2026.

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The deal represents the largest known US arms purchase from Israel in at least 18 years of available federal procurement records. It was awarded without public competition, using a \"public interest\" exception to bypass normal procurement rules.

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What Are Cluster Munitions

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Cluster munitions are weapons that open in mid-air and scatter smaller submunitions — often called bomblets — over a wide area. They pose two distinct threats to civilians:

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  1. \n

    At the time of use: The wide-area effect means submunitions land across a broad zone, making it impossible to limit their impact to military targets. Anyone in the area — soldiers, farmers, children — is at equal risk.

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    2. \n
  2. \n

    After the conflict: A significant percentage of submunitions fail to explode on impact, remaining in the soil as de facto landmines. These unexploded submunitions kill and maim civilians for years and decades after use, often detonating when disturbed by agricultural activity, children's play, or foot traffic.

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    3. \n
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For these reasons, 111 nations have banned cluster munitions under the 2008 Convention on Cluster Munitions. Neither the United States nor Israel has joined this treaty.

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Reversal of Declining Use

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The US had been drawing down its cluster munition stockpiles for years. The decision to contract for the industrial-scale production of new cluster munitions represents a reversal of that trend and a significant step backward from the international consensus against these weapons.

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Legal Analysis

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Convention on Cluster Munitions: While the US is not a party to the Convention, the production of new cluster munitions at industrial scale directly undermines the global norm established by the treaty's 111 states parties. The purchase sends a signal that the US is moving away from, rather than toward, the international consensus.

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IHL prohibition on indiscriminate weapons: Cluster munitions scatter submunitions across wide areas, making it inherently difficult to limit their effects to military objectives. This wide-area effect raises serious questions about compliance with the IHL prohibition on indiscriminate weapons and the principle of distinction.

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Probable war crime classification: The classification is based not on the procurement itself but on the near-certainty that these weapons, if used, will cause civilian casualties due to their inherently indiscriminate nature and the long-term hazard of unexploded submunitions. Producing them at scale signals intent to use them.

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No-bid contract concerns: Bypassing competitive procurement using a \"public interest\" exception raises transparency and accountability questions. The lack of public disclosure until investigative reporting revealed the contract five months later suggests an effort to avoid scrutiny.

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Why This Is Classified Severe

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This incident receives a severe severity classification because:

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International Law Violations

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The following international law provisions are implicated:

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  1. Convention on Cluster Munitions: While the US is not a party, the production of banned weapons at scale undermines the global prohibition regime.
    2. \n
  2. IHL Prohibition on Indiscriminate Weapons: Cluster munitions scatter submunitions over wide areas, inherently posing risks to civilians.
    3. \n
  3. IHL Principle of Distinction: The wide-area effect of cluster munitions makes precise distinction between military and civilian objects extremely difficult.
    4. \n
  4. Rome Statute Article 8(2)(b)(xx): Weapons of a nature to cause superfluous injury or unnecessary suffering — unexploded submunitions function as hidden landmines for years.
    5. \n
  5. CCW Protocol V: Obligations regarding explosive remnants of war require precautions to minimize civilian risk from unexploded ordnance.
    6. \n
", "citation": "Pentagon Signs $210M+ Deal to Purchase Cluster Munitions From Israel. https://trumpswarcrimes.com/incident/cluster-munitions-purchase-israel. Published February 6, 2026. Updated March 26, 2026." } }