Archives For cluster munitions

Under pressure from ongoing investigations by Human Rights Investigations, Patria, the Finnish arms company, have released a  press release this morning (7th July 2011):

Patria’s mortar systems have not been used to fire cluster ammunition in Libya
During the last weeks Patria has been increasingly contacted about the possibility that Patria’s Nemo 120 mm mortar system or Patria Hägglunds’ AMOS 120 mm mortar system would have been used in Misurata, Libya to fire 120 mm cluster ammunition (MAT-120) produced by a Spanish company Instalaza S.A. Patria strongly rejects this possibility. None of AMOS or Nemo mortar systems are in use of the parties in Libya. And Patria does not develop, produce or sell cluster ammunition products.

The suspicion has likely been created by a misinterpretation of publicly available information. A small quantity (305pcs live plus 230 pcs of inert ammuntitions) of MAT-120 rounds were imported to Finland in 2005-2007 for for the program for the Finnish Defence Forces. Patria and the Finnish Defence Forces terminated that program in 2009.

The left-over ammunitions (136 pcs live) are owned and stored by the Finnish Defence Forces. No MAT-120 ammunition imported by Patria has been exported out from Finland.

Patria Hägglunds has a licensing agreement with a US company, AAI Corporation, concerning AMOS. However, under this agreement, no AMOS mortar systems have been produced by AAI. The export of Patria Hägglunds know-how or components related to AMOS are also under the Finnish export control mechanisms.

HRI will be responding in detail in due course.

In the meantime, we request the company answer the detailed questions they have been asked and the additional question: How could Patria possibly know that none of the NEMO or AMOS systems are in use with the parties in the Libyan conflict?

 

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Under pressure from a Human Rights Investigations probe into cluster bombs, the usually secretive Spanish government has released some limited information regarding their exports of cluster bombs.

Spanish government information shows 2,271 MAT-120s were stockpiled on 2 December 2008 and 1,852 were destroyed by the end of 2008 with 419 retained.

Latest Spanish Government Claims

According to US ex-marine CJ Chivers, writing in The New York Times, Ramon Muro Martinez, Spain’s Deputy Director General for Foreign Trade of Defence Materials and Dual Use Goods has claimed that:

“No Spanish cluster munitions have been exported to the United States.”

No documents to prove the statement have been produced as yet and Mr Chivers has not yet divulged the full texts of the emails. The Spanish government refuses to reveal details of the role of Naval Station Rota and has failed to respond to the questions posed by HRI directly and in “Spanish Bombs in Andalucia.”

HRI has called for the release of details of all exports of cluster munitions by Spain – as well as the details of transfers of munitions to US Naval Station Rota.

On 8th June, according to CJ Chivers, Ramon Muro Martinez also claimed:

“One license to Lybia consisting of 5 cluster munitions for demonstration was issued in August 2006. The export took place in October 2006. There were two more licenses issued in December 2007 with a total amount of 1,050 cluster munitions. They were sent in March 2008.”

“All the licenses were submitted to a special scrutiny and the exports took place before the approval of a moratorium decided by the Spanish Government on the 11th July 2008 and the signature of the Oslo Convention on the 3rd December 2008.”

In a follow-up e-mail on the same day, Snr Martinez apparently confirmed that the cluster munitions were the MAT-120 rounds manufactured by Instalaza SA.

Another ministry official, Ana Terreros Gomez, according to Chivers, claimed the government of Libya had submitted an end-user certificate, or EUC, for MAT-120 rounds to the government of Spain.

“EUC issued by the Libya authorites was authenticated by the Spanish Embassy in Tripoli November 28th 2007.”

Joan Clos i Matheu, former Spanish Industry Minister

Joan Clos i Matheu was Spain’s Industry Minister September 2006 – July 2008, and has now moved on to be Under Secretary General of the United Nations.

Destruction of the Stockpile

According to a letter from the Spanish Foreign Minister on Cluster Munitions a 4.9 million euros contract was signed with Fabricaciones Extremeňas SA (FAEX), of the Maxam Industrial Group to dismantle and destroy the stockpile of cluster muniitons.

The Maxam Group is the owner of Expal (aka as the “Living Death”) who we have mentioned before in relation to their manufacture of cluster bombs and land mines and appears close to current Spanish Industry Minister, who was seen on 13 April 2011 in Beijing lobbying the Chinese government on their behalf.

Table of Spanish cluster munition destruction and retention:

Stockpiled on
2 December 2008
Destroyed by31 December 2008 Destroyed by18 March 2009 Retained
120mm mortar projectile ESPIN-21
(contains 21 submunitions)
2,340
(49,140)
1,950
(40,950)
390
(8,190)
120mm mortar projectile MAT-120
(contains 21 submunitions)
2,271
(47,691)
1,852
(38,892)
419
(8,799)
CBU-100 Rockeye bomb
(contains 247 submunitions)
545
(134,615)
537
(132,639)
8
(1,976)
CBU-99B Rockeye bomb
(contains 247 submunitions)
38
(9,386)
38
(9,386)
BME-330 B/AP bomb
(contains 28 submunitions)
393
(11,004)
385
(10,780)
8
(264)1
Total munitions
(submunition total)
5,587
(251,836)
4,377
(221,867)
385
(10,780)
863
(19,229)

1 Spain will retain an additional 40 SNA submunitions from two BME-330B/AP bombs.


Little is known about the secretive (and now largely outsourced) Spanish cluster bomb industry – until its products turn up in foreign lands.

Spain has signed up to, but not yet implemented into domestic legislation, the Convention on Cluster Munitions. It is time Spain implemented the legislation and also provided full transparency about its past activities, in order to prevent further use of Spanish cluster bombs.

The Spanish government and cluster bombs

The Spanish government ceased issuing any export licences for cluster munitions on 11 June 2008. They declared their stocks of cluster munitions on 2 December 2008 including 2,271 MAT-120s – all of which they have declared to have been destroyed (1852) or retained for training purposes (419).*

Snr Miguel Sebastian, the current industry minister, should make full disclosure as to where all the cluster munitions produced in Spain have gone.

Miguel Sebastian, of course was, earlier in his career, Assistant Director-General of Banco Bilbao Vizcaya (BBV) and Banco Bilbao Vizcaya Argentaria(BBVA).

BBVA has been singled out for criticism by human rights and citizens groups for its human rights record and for its links with the arms industry.

BBVA was also criticised by Pax Christi for having no rules banning it from transactions linked to cluster bombs.

Spanish Industry Minister Miguel Sebastian - previously Assistant Director-General of BBV and BBVA banks. BBVA has been especially active in the arms business and slammed for its links to cluster munition manufacture.

Miguel Sebastian: Spanish Banker and Industry Minister

The Spanish government now needs to confirm:

1) What happened to the machinery for making cluster bombs owned by Instalaza and Expal. Are companies in other countries now making variants of these Spanish bombs?

2) Full details of all exports of all cluster munitions

3) To explain why they made these exports

4) To explain why the information about the recipients of cluster bombs has been covered up in the past

Instalaza

Spanish media reports indicate that Instalaza have denied selling the MAT-120 weapons to Libya. When HRI contacted Instalaza, on a number of occasions, they were surprisingly reluctant to discuss their products.

On top of that, munitions found in Misrata in April 2011, dated 2007 (batches 02/07 and 03/07) look remarkably similar to products from the Instalaza company.

Regarding exports of cluster munions to Libya, the Spanish Export Statistics regarding Defence Material, Other Material and Dual-Use Items and Technologies, 2007 on page 51 in the table of Authorised exports of Defence Material by Country 2007 shows 3 licenses were issued by Spain to a value of 3,823,500 Euros.

On page 53 in the table of Authorised Exports of Defence Material by Country and Article 2007 we see these exports are in category 4, which includes cluster bombs and missiles.

In Spanish Export Statistics regarding Defence Material, Other Material and Dual-Use Items and Technologies, 2008 on page 56 in the table of Exports of Defence Material Completed, 2008 we see actual exports were made valued at 3,839,210 Euros.

Below is an extract from the Spanish National Report on Exports of 2007 showing the way different items are categorised:

DESCRIPTION OF THE 22 ARTICLES FIGURING ON THE LIST OF DEFENCE MATERIAL (ROYAL DECREE 1782/2004 OF 30 JULY

2 Smooth-bore weapons with a calibre of 20 mm or more:
Firearms (including pieces of artillery), rifles, howitzers, cannons, mortars, anti-tank weapons, projectile launchers, flame throwers, recoilless rifles, signature reduction devices, military smoke, gas and pyrotechnic projectors or generators and weapons sights.

3 Ammunition, devices and components
Ammunition for the weapons subject to control by articles 1, 2 or 12. Fusesetting devices including cases, links, bands, power supplies with high operational output, sensors, submunitions

4 Bombs, torpedoes, rockets, missiles
Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition charges, “pyrotechnic” devices, cartridges and simulators, smoke grenades, incendiary bombs, missile rocket nozzles and re-entry vehicle nosetips.

These categories, used in the Spanish Report, are in line with those of the Common Military List of the European Union.

Reading the Spanish government reports there is absolutely no mention of supplying cluster munitions to Libya and close analysis of the text even suggests they couldn’t have – so why the cover-up?

Expal Explosivos

Alaveses Explosives, Inc. (EXPAL) is a dedicated solely to military equipment manufacturing sub-munitions and explosives. It produces all sorts of projectiles, fuses, shells and bombs.

As Pere Ortega explains in his article on “The Living Death EXPAL” this company has exported arms to Israel (who infamously fired over a million cluster bomblets into Lebanon), Mauritania and Angola.

EXPAL land mines infest the Western Sahara and Colombia and Saddam Hussein’s mustard gas bombs in the Iran-Iraq war were housed in EXPAL casings.

Anti-mine campaigner

Bombs of EXPAL

The BME 330 AT (anti-tank) bomb is one of a family of three air-launched cluster bombs that was been developed by Expal for use by the Spanish Air Force and for export purposes.

The other two were the BME 330 AR (anti-runway) bomb and the BME 330 C (multipurpose) bomb.

It is unknown where these were sold.

 
This picture shows Spanish made cluster bombs which are dropped from the air – where did these go?

In June 2006, EXPAL appointed as president Francisco Torrente, a former admiral of the Spanish Navy, who only months before had held the post of Secretary General for Defence Policy. Following this move EXPAL contracts with the Ministry of Defense improved remarkably, winning several contracts, including one for the destruction of the 5 600 cluster bombs in possession of the Spanish armed forces, many of which it had produced itself.

EXPAL is part of the EXPAL MaxamCorp, formerly Spanish Union of Explosives (UEE) which comprises six companies in Spain dedicated to the manufacture of all types of explosives. Maxam is a multinational with presence in many countries the current owners including Bank Santander.

EXPAL has signed a partnership agreement with Brazilian explosive and arms company Imbel.

In the story of EXPAL and Instalaza we see the familiar story of close links between the government, banks and the arms industry and the outsourcing of production to states with lower standards of regulation.

*Update 3rd July 2011 based on the text of the letter of the Spanish Foreign Minister Annex II describing numbers and date of cluster bomb stockpiles on 2 December 2011.

CJ Chivers of the New York Times and to a very limited extent Human Rights Watch (HRW) are now seriously engaging with the Human Rights Investigations probe into the cluster bombing of Misrata.

The first indication from HRW (after weeks of trying to elicit a direct response) was a tweet from the Mary Wareham:

In fact, the case against Gaddafi’s forces is not proven.

The Spanish government should release details of all licenses ever issued and actual exports for cluster bombs and munitions and the machinery to make them.

The export of cluster munitions and bombs is now illegal in Spain (although not incorporated into domestic legisalation) – the Spanish government should release details of all such exports in the past to prevent their use in the future.

HRI has been pressing for this and urges HRW to do likewise.

CJ Chiver’s follow-up article in the New York Times today provides a lot of color to his story and some interesting material but, on the face of it, little in the way of additional evidence as to who actually fired the munitions.

It is certainly the case that, under fire from loyalist forces, an assumption that these forces were responsible for the firing of the MAT-120 is a natural reaction, but he has yet to offer any proof – hopefully his next installment contains something substantial.

It is good that CJ Chivers has released new imagery of the MAT-120 including a sideview photo of the MAT-120, which may be useful to the investigation and to ascertain which weapons system was used and urge him and photographer Bryan Denton to release copies of ALL the photographs (preferably high resolution) they have taken in Misrata so that everyone can get a better view of the full panoply of munitions used by all sides in the battle.

22 June Update

Another update from the New York Times.

The article states that various Spanish officials are claiming that exports of the MAT-120 have been made to Libya.

According to the article, Ramon Muro Martinez, the Deputy Director General for Foreign Trade of Defense Materials and Dual Use Goods wrote to Mr Chivers saying:

One license to Lybia consisting of 5 cluster munitions for demonstration was issued in August 2006. The export took place in October 2006. There were two more licenses issued in December 2007 with a total amount of 1,050 cluster munitions. They were sent in March 2008.

According to the article:

In a follow-up e-mail on the same day, Mr. Martinez confirmed, to be absolutely clear, that the cluster munitions we were discussing were the MAT-120 rounds manufactured by Instalaza SA.

In addition CJ Chivers says that:

the ministry confirmed that the government of Libya had submitted an end-user certificate, or EUC, for MAT-120 rounds to the government of Spain

and that an email

from another ministry official, Ana Terreros Gomez, said that the “EUC issued by the Libya authorites was authenticated by the Spanish Embassy in Tripoli November 28th 2007.”

The Spanish government needs to produce a credible account of these matters, of course, and come clean on its whole record. They also need to actually provide some real evidence, not just on the MAT-120 but on the other cluster munitions which have gone AWOL as well.

Another update from the New York Times today (23 June)

A lot about HRI. Less of relevance to the investigation, unfortunately.

For the record:

1. HRI is entirely unconvinced about the Spanish officials claims in this matter and is still awaiting documentation requested weeks ago

2. HRI has shown the evidence presented by CJ Chivers regarding the MAT-120 and short stub case is mistaken.

3. Yes, HRI does frequently change its mind on the basis of the evidence received and analysis of it. That kind of happens in investigations.

4. We thank those who have provided useful information and evidence relevant to the Misrata and Spanish cluster bomb investigations and would urge those yet to reply to do so.

Update 19 July CJ Chivers is now back in Libya and producing some important work

Extracts from the Report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya directly relevant to the use of cluster munitions in Libya:

 With regard to the use of weaponry, the commission is concerned that the Libyan authorities have not been making appropriate and precautionary assessments which would, in the commission’s view, militate against the use of weapons such as mortars in densely populated urban areas. The commission is also concerned about reports of the use of weapons such as expanding bullets, cluster munitions and phosphorous weapons in highly populated areas. Further investigation, however, including forensic analysis, would be needed to confirm the use of these ammunitions.

With regard to allegations concerning the conduct of hostilities by the North Atlantic Treaty Organization (NATO), the commission is not in a position at this stage to assess the veracity of the information received concerning indiscriminate attacks on civilians. The commission has not, however, seen evidence to suggest that civilians or civilian objects have been intentionally targeted by NATO forces, nor that it has engaged in indiscriminate attacks.

Finally, the commission feels that, at this stage, it is not in a position to identify those responsible, as requested by the Human Rights Council in the resolution establishing its mandate.

The commission, in view of the time frame within which it has had to complete its work, and considering the gravity and the complexity of the situation, recommends that the Human Rights Council remain seized of the situation by extending the mandate of the commission or by establishing a mechanism with the ability to continue the necessary investigations into both the human rights and humanitarian law situations in the Libyan Arab Jamahiriya for a period of one year.

Page 63:

185. Cluster munitions. The Commission is aware of reports of the use of cluster munitions by pro-Government forces in their attempt to regain control of the besieged city of Misrata. On 15 April 2011, HRW reported that Government forces had fired cluster munitions in residential neighborhoods of Misrata further specifying that the cluster munitions were Spanish produced MAT 120mm mortar projectile, which open in mid-air and release 21 submunitions over a wide area.241 Other independent sources including Amnesty International have confirmed the incident and stated that Spain sold such munitions to Libya in 2007. Further investigation, including military and forensic pathologist expertise is, however, required to confirm or deny the usage of cluster munitions.

241 Upon exploding on contact with an object, each submunition disintegrates into high-velocity fragments to attack people and releases a slug of molten metal to penetrate armored vehicles. Human Rights Watch, “Libya: Cluster Munitions Target Misrata,” 15 April 2011, available from

http://www.hrw.org/en/news/2011/04/15/libya-cluster-munitions-strike-misrata.

Page 64:

188. Mortars: Based upon the facts available to it, the Commission believes that Government forces of Libya utilized mortars in their attacks on Misrata and Zintan. Mortars are weapons that kill or maim whoever is within the impact zone after they explode and they are unable to distinguish between combatants and civilians. A decision to deploy them in a location where a large number of civilians is likely to be present, is a decision that a commander should know will result in the death and/or and injuries of some of those civilians.

4. Conclusion

189. From the information available to it, the Commission is concerned that the Libyan authorities have not been undertaking appropriate and precautionary assessments which would, in the Commission’s view, militate against the use of weapons, such as mortars, in densely urban areas. The Commission is also concerned about reports of the use of weapons such as expanding bullets, cluster munitions or phosphorous weapons within highly populated areas. Further investigation, however, including forensic analysis would be needed to confirm the usage of these ammunitions.

Link to Report

 

On this page, HRI presents some of the evidence relevant to the use of cluster munitions in Misrata in April 2011.

As more information comes to light, and in response to the requirements of the on-going investigation, this page is updated on a fairly regular basis.

Unlike those who jump to instant conclusions based on propaganda and partial truths,  HRI is sceptical and unbiased – which clearly isn’t popular in some quarters.

For those looking for a 100% definite answer as to who fired the munitions into Misrata, this page will be a bit of a disappointment but more about links between the banks, governments, arms traders and the military is being uncovered on an almost daily basis.

The use of cluster munitions in Misrata

On 15th April 2011, during the day, sub-munitions of a MAT-120 cluster munition were shown to Human Rights Watch (HRW) and C.J. Chivers, a journalist for the New York Times, in Misrata. That evening, during ongoing clashes between rebel and loyalist forces, HRW workers witnessed 3 or 4 cluster munitions landing in residential areas of Misrata. HRW attest to further subsequent such bombings.

Initial Reactions

Civilians were reportedly killed in these attacks and the UN High Commissioner for Human Rights, Navi Pillay, condemned:

“The reported repeated use of cluster munitions and heavy weaponry by Libyan government forces in their attempt to regain control of the besieged city of Misrata.”

She noted that one cluster munition had reportedly exploded a few hundred metres from a hospital in Misrata while another two clinics were apparently hit by mortar or sniper fire.

“Using imprecise weaponry such as cluster munitions, multiple rocket launchers and mortars, and other forms of heavy weaponry, in crowded urban areas will inevitably lead to civilian casualties.”

These attacks were immediately blamed these attacks on the Gaddafi regime and the news has been a front page and first item on the television news around the world.

Here are the relevant HRW and NYT reports:

The Human Rights Watch Report of 15th April on which the Ghaddafi forces fired cluster munitions story has been based.

CJ Chiver’s report on 15th April, ‘Qaddafi Troops Fire Cluster Bombs Into Civilian Areas’

Fred Abrahams on BBC Radio 4 Today Program 16 April 2011

In response to the question of why he assumed the munitions were fired by Libyan rather than NATO forces, Fred Abrahams said,

“Because the MAT-120 is mortar-fired and NATO has no troops on the ground.”

When initially confronted with the information that cluster munitions had been found in Misrata, Hillary Clinton’s reaction was:

“That is worrying information. And it is one of the reasons the fight in Misrata is so difficult, because it’s at close quarters, it’s in amongst urban areas and it poses a lot of challenges to both NATO and to the opposition.”

The MAT-120 cluster munition

The MAT-120 cluster bomb

The MAT-120 can be fired from a number of smoothbore 120mm mortar systems. A 12omm mortar system is a large calibre mortar, operated by a small team and in service with a number of nations.

The systems which can fire the MAT-120  include the NEMO and AMOS systems mounted in a turret.

Here is the AMOS system mounted on a CB-90 in action:

The combination of the AMOS and the Combat Boat 90H has been described as ideal for fire support in urban environments. As Captain Evin H. Thompson, Commander of US Naval Special Warfare Group Four, said in June 2007, in relation to a specific question about US Navy use of the CB90-H and AMOS system (which fires the MAT-120):

“The Amos or something like that – tied into my reduced signature boat gives special operations and our Navy the ability to clandestinely be someplace with the capability to act if circumstances allow.”

Spanish sales of the MAT-120 to Libya.

Spanish media reports indicate that Instalaza have denied selling these weapons to Libya.

The Spanish Industry Minister, Miguel Sebastian (himself linked to a bank who have financed US cluster munition manufacture), has so far failed to meet the HRI request to release details of all exports of cluster munitions.

The Spanish government  needs to confirm exactly what happened to all stocks of MAT-120 produced, where the machinery for making the MAT-120 has ended up, where the MAT-120 was exported to and where they have been stored.

As far as official exports go, a lot hangs on whether the MAT-120 is regarded as a category 3 munition (ML3) – in which case, of the countries to which category 3 exports were officially made in 2007 and 2008, only the USA has not signed the Convention against Cluster Munitions and is involved in the conflict in Libya – or if it is categorised as a Category 4 munition (ML4) in which case the USA, Qatar and Libya fit the bill. According to Nicholas Marsh of NISAT, who is an expert in these matters, “There is a blurred division between weapon categories, and especially ML3 and ML4.”

If exports of the MAT-120 were made to Libya, it has to be explained why, who made the decision, how many were sent there, at what time, of which batches and where else these munitions went.

There is additional detail on this in the section on Spanish bombs.

The United States leadership fully approve of cluster munitions

Although Spain has apparently gone to extraordinary effort to try and clear the USA of any involvement in the use of cluster munitions in Misrata, the USA has refused to sign the Convention on Cluster Munitions and these weapons are an important part of their arsenal with the USA possessing a large stockpile of cluster munitions.

US Defence Secretary Robert Gates has said cluster munitions are regarded by the US as:

“Legitimate weapons with clear military utility.”

As Richard Kidd, Director of the Office of Weapons Removal and Abatement, U.S. Department of State, wrote in “Is There a Strategy for Responsible U.S. Engagement on Cluster Munitions?” April 28, 2008:

“Cluster munitions are available for use by every combat aircraft in the U.S. inventory, they are integral to every Army or Marine maneuver element and in some cases constitute up to 50 percent of tactical indirect fire support.”

Yet, incredibly, the alleged war crime of bombing Misrata is also being used by US Secretary of State Hillary Clinton and other authorities to justify an escalation of the conflict in Libya.

The US government position in favour of the use of cluster munitions, their widespread possession by US forces and the weakening of the Convention on Cluster Munitions to accommodate nations fighting in coalition with US forces,  implicates the US government in the use of cluster munitions anywhere in the world.

The Battle for Misrata

As part of the investigation, HRI is looking into both land and naval forces  involved in the Misrata operation, as the specific units involved, operating at night, who made use of the cluster munitions is not yet clear.

There is no doubt that this was fierce urban warfare, with hundreds killed in the battle and NATO, including US Naval forces, about which HRI has written, were deeply involved.

On the 14th of April, NATO Secretary-General Rasmussen confirmed that Admiral Stavridis had briefed foreign ministers that Gadaffi’s forces were now in populated areas and that “to avoid civilian casualties we need very sophisticated equipment.”

Certainly coalition forces were providing fire support and (allegedly) special services support to the rebels in order to secure the town for the rebels and establish a major foothold in western Libya.

Our update on the bombing of Misrata shows that on the eve of the Royal Wedding, NATO admitted to using “certain weapons” within the city of Misrata and some more detail on this has been provided by the RAF.

So it is quite clear that coalition forces were deeply involved in the bombing of Misrata, using deadly force in a civilian area, contrary to the spirit of UN Resolution 1973.

Human Rights Investigations calls for:

1). A full investigation by the United Nations into the use of munitions (including cluster munitions and DU weapons), particularly in urban areas.

2) For all parties in the Libyan conflict to confirm they will not use cluster munitions in the current conflict and to pledge to sign up to the Convention on Cluster Munitions.

3). Suspension of military personnel found to be involved pending investigation for war crimes.

4). An end to the ‘information war’ and military distortion of the public debate.

5). An end to the ongoing bombing of Libya which is against the spirit and intent of UN Resolution 1973 which was intended to protect civilians, not justify bombing of civilian areas.

Analysis of official Spanish government documents indicates Spanish company Instalaza may not have exported the MAT-120 cluster weapon to Libya in 2007/08.

In the 2008 report, Libya is listed as a recipient of category 4 munitions (which include bombs) – this is the source of the reports that Libya was provided with the MAT-120 by Spain.

However, the MAT-120 appears not to be a category 4 munition (bomb), but a category 3 one (ammunition for mortar).

Below is an extract from the Spanish National Report on Exports of 2007 showing the way different items are categorised:
 
DESCRIPTION OF THE 22 ARTICLES FIGURING ON THE LIST OF DEFENCE MATERIAL (ROYAL DECREE 1782/2004 OF 30 JULY)

2 Smooth-bore weapons with a calibre of 20 mm or more:
Firearms (including pieces of artillery), rifles, howitzers, cannons, mortars, anti-tank weapons, projectile launchers, flame throwers, recoilless rifles, signature reduction devices, military smoke, gas and pyrotechnic projectors or generators and weapons sights.

3 Ammunition, devices and components
Ammunition for the weapons subject to control by articles 1, 2 or 12. Fusesetting devices including cases, links, bands, power supplies with high operational output, sensors, submunitions

4 Bombs, torpedoes, rockets, missiles
Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition charges, “pyrotechnic” devices, cartridges and simulators, smoke grenades, incendiary bombs, missile rocket nozzles and re-entry vehicle nosetips.

These categories, used in the Spanish Report, are in line with those of the Common Military List of the European Union:

What does this mean?
This information appears to undermine the contention that the MAT-120, the mortar fired ammunition found in Misrata, was exported to Libya from Spain. In fact, if this reading of the Report is correct, Libya could not have been supplied with the MAT-120.

Of the countries to which category 3 exports were actually made in 2007 and 2008 only the following countries have not signed the Convention against Cluster Munitions:

Andorra, Egypt, India, Indonesia, Israel, Poland, Singapore, Switzerland, Thailand and the USA.

This information links in to the HRI investigation into who really cluster bombed Misrata.

Barclays Bank is implicated in the use of cluster munitions in Misrata. Analysis of the accounts of Instalaza, the manufacturer of the cluster munitions used in Misrata, by Profundo shows that Barclays Bank has been a major funder of the Spanish arms manufacturer.

In 2007, Instalaza generated annual revenues of € 14.9 million, resulting in a net profit of €0.2 million. On 31 December 2007, Instalaza owned total assets of € 31.8 million. These assets were financed by the following financial stakeholders:

Shareholders: € 17.1 million 53.8%
Banks: € 12.0 million 37.7%
Other: € 2.7 million 8.5%

The banks involved included:.

Deutsche Bank (Germany): €3,068,951
Cajalón, part of Grupo Caja Rural (Spain): €2,692,750
Caja España (Spain): €2,153,297
Caja Mediterráneo (Spain): €1,602,438
Bankinter (Spain): €852,310
Barclays Bank (United Kingdom): €593,978
Ibercaja (Spain): €498,993
Banco Popular (Spain): €299,308
Banco Sabadell (Spain): €87,906
La Caixa (Spain): €33,000
Others €117,856
Total €12,000,787
Source: Instalaza SA, “Depósitos De Cuentas: 2007”, Instalaza SA, 2008.

Some of the bank loans have been repaid since 2007 but the following banks still had loans outstanding on 31 December 2009:

Bankinter
Barclays Bank
Banco Popular
Cajalón
Caja España
Deutsche Bank

Media reports suggest the cluster munitions were fired by Libyan forces. In fact, neither Qatar nor the USA have signed to sign up to the CLuster Munitions Convention.

Under the terms of the Cluster Munitions (Prohibitions) Act 2010, it is a criminal offence to encourage or assist in the development, production or acquisition of cluster munitions. According to the UK government this includes “the direct financing of cluster munitions.” (Chris Bryant, Houses of Parliament, Hansard 7 December 2009

Terms of the Act include:

(1)It is an offence for a person to—.
(a)use a prohibited munition,.
(b)develop or produce a prohibited munition,.
(c)acquire a prohibited munition,.
(d)make arrangements under which another person acquires a prohibited munition,.
(e)have a prohibited munition in the person’s possession,.
(f)transfer a prohibited munition, or.
(g)make arrangements under which another person transfers a prohibited munition..
(2)It is an offence for a person to assist, encourage or induce any other person to engage in any conduct mentioned in paragraphs (a) to (g) of subsection (1)..
(3)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or to a fine, or to both..

Updated 10 June

Banking institutions have been implicated in the use of cluster munitions in Misrata. Deutsche Bank granted Spanish company Instalaza, the cluster bomb manufacturer, a loan of about €3.1 million according to information from non-governmental organisation Urgewald, as reported in the weekly Die Zeit on Wednesday.

More than 100 countries signed the Convention on Cluster Munitions at the end of 2008 – it became binding international law for those who signed at the start of August 2010. The convention bans not only the use but also the support of manufacture of cluster munitions.

A spokesman for Deutsche Bank told Die Zeit he could not comment on specific customer relationships, but denied the bank financed the sale of the controversial munitions.

“Deutsche Bank does no business directly connected to certain types of weapons like personnel landmines, cluster bombs or ABC weapons,” he said.

The paper said the Deutsche Bank loan was made in 2007 and reported that other German companies have continued to invest in cluster bomb manufacturers since then. More than a dozen insurers offer Germans taking part in the Riester-Funds pension scheme the option of putting their money in funds which have invested in cluster bomb makers.

These include Deutscher Ring, Basler, Condor, Stuttgarter, Volkswohlbund and WWK. The paper noted that because the Riester-Funds contracts are co-funded by the German government, it should be assumed that public money is also finding its way into the coffers of cluster bomb manufacturers.

The question of who actually fired the cluster munitions into Misrata remains open, with none of Qatar, Libya and the USA having signed up to the Convention.

Did Qatar bomb Misrata? – the dangers in allying with an Arab dictatorship.

There have been a number of breaks in our ongoing investigation into the cluster bombing of Misrata over the last few days. We now have a lot more information about the disposition of forces on the relevant days (mid-April) and a new line of enquiry has opened up – and that is the involvement of the Qatar Emirates navy and marines.

At this stage HRI cannot release all the information or sources as investigation are ongoing, but we are going to release throw a few facts out there because it is important that journalists and politicians start asking more of the relevant questions.

There is evidence that Qatari naval forces possessed the particular weapons system used to deliver the MAT-120 (the cluster munition found in Misrata).

The evidence that Spain sold Qatar category 4 munitions (bombs) at the relevant time is in the Spanish National Report.

Qatar has refused to sign up to the Convention against Cluster Munitions.

We also have evidence regarding the presence of Qatari military units in the Mediterranean around 14th April.

The knowledge that a Qatari C-17 has been involved in supply of material to the war against Libya is a matter of public record as are some of the movements of this craft.

As Hillary Clinton said when confronted with the information about the use of cluster munitions in Misrata – the situation on the ground in Misrata was complex.

This is a long and complicated investigation and we are following up several lines of investigation.

Update 31 August:

Footage of captured Qatari weapons being smuggled to the Libyan rebels: