Ban With Exemption

SMArt 155

The lawsuit due to open today, Monday, in Munich, was sparked by a column written by Stefan Aigner, a journalist in Regensburg. In the internet journal "Regensburg Digital," Aigner had written back in the summer of 2008 that the Diehl arms manufacturer in Nuremberg produces cluster munition.[1] This company produces the "SMArt 155" munition, which is in fact classified by experts as cluster munition - even from a purely technical perspective. "Cluster munition is a container with several submunitions" says Francois de Keersmaeker, administrating director of the German branch of Handicap Interational,[2] an organization struggling for years against the use of landmines and cluster bombs. "SMArt 155" contains two explosive charges, conforming therefore to the standard definition of cluster munition. Diehl, on the other hand, calls the weapon "sensor-fuzing munition," and seeks a court injunction against Aigner's characterization while promoting the standardization of his own appellation.

Question of Definition

Behind this controversy is the international ban on cluster munition, which, took effect last year with 100 states signing of the Convention on Cluster Bombs. The production of cluster munition has since been prohibited in the signatory nations, including Germany. In the past, several arms manufacturers had produced cluster munition in Germany, including Rheinmetall, EADS and also Diehl. This field of production was shut down with the ban on cluster munition. But the German government has provided for the opening of a new market and imposed the stipulation that the "alternative cluster munition", the so-called sensor-fuzing munition, is exempted from the ban. This type of munition is comprised of a container with a number of submunitions, equipped with seeker heads and a sensor to seek out targets, e. g. armored vehicles. The definition for sensor-fuzing munition imposed by Berlin in the negotiations on the Cluster Bombs Convention corresponds to the characteristics of "SMArt 155" and a French rival product.[3]

Sharp Criticism

Diehl's type of "sensor-fuzing" munition, which should be much in demand, following the ban on traditional cluster bombs, is still being sharply criticized. Human rights organizations, such as Handicap International or the coalition Landmine.de point out that not a single independent test has been carried out confirming the reliability of "SMArt 155". The German Defense Ministry has had to admit that modalities of the triggering mechanism in the seeker heads significantly enhance the risk of striking wrong targets. "The munition could also strike a civilian truck, if it has a size comparable to a tank," explained an expert at the British arms giant BAE Systems.[4] Due to the numerous sources of danger to civilians, more than 20 nations have vehemently demanded that there be no exemption to the ban. Austria issued a ban on cluster munitions, already in 2007, which includes the so-called sensor-fuzing munitions. But the resistance could not hold up against the pressure applied by Berlin. And, as noted by the coalition Landmine.de, "the German government's negotiating position was explicitly supported by a manufacturer of alternative cluster munitions."[5]

Global Leader

The Diehl Company would like to have a court injunction censoring the term "cluster munition", as a designation of "SMArt 155," in the hopes that this would silence the criticism of this weapon. With its annual turnover of 2,2 billion Euros, the Diehl Company, located in Nuremberg, is one of the largest arms manufacturers in Germany. Since the 50s, Diehl has been supplying the armed forces of NATO and other western countries with a large variety of products, including various ammunition, tank tracks, guided missiles and helicopter spare parts. Diehl cooperates with the giant US arms company, Raytheon, in a joint venture to modernize and market sidewinder missiles. With the "SMArt 155 munition" Diehl is hoping to open a new lucrative business field. The weapon had been originally developed for the Bundeswehr and introduced in 2000. But in the meantime, the company in Nuremberg has found other customers. In early 2008, Diehl concluded more than 120 million Euros worth of procurement contracts for SMArt munition with the British and Australian armed forces.[6] Its PR department speaks of Diehl's "position as global leader (...) in the sector of modern artillery munition."[7]

Model War Enterprise

The company's ongoing success is based on its arms production during the Second World War, when it was awarded the title of "Model War Enterprise". Diehl carried out its production also inside concentration camps. Surviving Jewish slave laborers described the cruel working conditions and the brutal selection. According to the records of the US military administration in Germany, former Nazis held high positions in the company even after the war. For example: a former officer of the "SS-Leibstandarte Adolf Hitler" and activist of an SS alumni group was working - with success - as Diehl's lobbyist in Bonn.[8] With the end of the Cold War in the 90s, when arms production went into a brief slump, Diehl had business problems. In the meantime, new wars have taken care of business orders for arms suppliers like Diehl. The "SMArt 155" munition furnishes a new opportunity, provided it is not identified as an infamous cluster munition. To prevent this, the Diehl Company is going into court today.

[1] Verdienstorden und Streubomben; www.regensburg-digital.de 25.07.2008
[2] Wortgefecht um "Streumunition"; br-online.de 16.02.2009
[3] David gegen Diehl: Der Rüstungsbetrieb will keine Streumunition herstellen; Presseerklärung von Handicap International Deutschland 23.02.2009
[4], [5] Alternative Streumunition - Problem oder Lösung? Aktionsbündnis Landmine.de, August 2008
[6], [7] Tochtergesellschaft von Diehl und Rheinmetall schließt Beschaffungsverträge für SMArt-Munition mit den britischen und australische Streitkräften; www.diehl.de 08.01.2008. "SMArt 155" ist inzwischen auch in Griechenland und der Schweiz eingeführt. Diehl produziert die Waffe gemeinsam mit Rheinmetall; das Joint Venture läuft unter dem Namen "Gesellschaft für Intelligente Wirksysteme mbH" (GIWS).
[8] Ehrenbürgers Spenden; Antifaschistische Nachrichten 14/1998. See also Zwei Wege - ein Ziel