On September 6, the United States announced it was sending 120 mm depleted uranium armor-piercing tank rounds to Ukraine for use in the 31 M1A1 Abrams tanks to be delivered this fall. In response, a Kremlin spokesman asserted that the United States’ use of depleted uranium “in the former Yugoslavia has led to ‘a galloping rise’ in cancers and other illnesses and affected the next generations living in those areas.” And following the United Kingdom’s March announcement that it would provide depleted uranium rounds, Russian Foreign Minister Sergei Lavrov charged that the United Kingdom was “ready to violate international humanitarian law as in 1999 in Yugoslavia” (see Casey-Maslen’s analysis).
The United States pushed back on the facts, with the Deputy White House Press Secretary countering that the Centers for Disease Control and Prevention (CDC) had uncovered no evidence that depleted uranium rounds cause cancer. He added that the World Health Organization (WHO) “reports that there has been no increase of leukemia or other cancers . . . following any exposure to uranium or [depleted uranium]” and that the International Atomic Energy Agency (IAEA) “has stated unequivocally that there is no proven link between [depleted uranium] exposure and increases in cancers or significant health or environmental impacts.”
The exchange continues a long-standing debate over the munitions. In this post, we assess their use under international law. Following a short explanation of deleted uranium, we examine potentially relevant weapons treaties. A discussion of the environmental provisions and general conduct of hostilities rules within international humanitarian law (IHL) follows. Based in significant part on international scientific and medical studies, we conclude that the use of depleted uranium munitions, as such, does not violate international law.
Depleted Uranium
Depleted uranium is an extremely dense material that is cheaper and easier to produce than other such materials, like tungsten. These characteristics have led to its use in the medical and industrial fields for decades.
Many military forces employ depleted uranium in armor-piercing munitions and armor plating. For example, the United States uses depleted uranium in 120 mm tank rounds, 30 mm cannon rounds fired from the A-10 Thunderbolt II aircraft, 25 mm cannon rounds used by the Army’s Bradley Fighting Vehicle, 20 mm rounds fired by the Navy’s Phalanx anti-missile system, and as a component in M1 Abrams tank armor. With respect to the munitions, the Department of Defense has explained (p. 360):
[D]epleted uranium is a material that has a characteristic that allows it to sharpen itself as it penetrates the target. The uranium shreds off the sides of the penetrator instead of squashing or mushrooming . . . . The result is the depleted uranium will penetrate more armor of a given character and type at a given range than tungsten will, no matter how we design the penetrators.
Much of the controversy surrounding depleted uranium stems from its creation as a by-product during the uranium enrichment process. Uranium is a naturally occurring metal found in soil, rock, oceans, food, and drinking water. As a result, the WHO has confirmed that it already exists in the human body due to the normal intake of water, food, and air (WHO Scientific Review p. iii).
Uranium consists of a combination of three types of radioactive isotopes: U238, U235, and U234. The latter two are the most radioactive. Naturally occurring uranium has a U235 content well below the level needed for nuclear fission. Therefore, it must be “enriched” and removed to be used for that purpose. The by-product of this process is depleted uranium. Depleted uranium has reduced U235 and U234 content compared to natural uranium, making it “considerably less radioactive” (IAEA, paras. 3-4). In addition, the U.S. Environmental Protection Agency states that it only emits alpha particles, which do not have enough energy to penetrate the skin.
Read full article
https://lieber.westpoint.edu/united-states-transfers-depleted-uranium-rounds-ukraine-legal-issues/
