Pentagon Signs $210M+ Deal to Purchase Cluster Munitions From Israel

What Happened

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.

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.

What Are Cluster Munitions

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:

1. 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.

2. 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.

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.

Reversal of Declining Use

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.

Legal Analysis

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.

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.

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.

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.

Why This Is Classified Severe

This incident receives a severe severity classification because:

• Banned by 111 nations: Cluster munitions are banned by the majority of the world's nations due to their inherently indiscriminate nature.
• Industrial-scale production: A ceiling value of $829.1 million indicates plans for sustained, large-scale production — not a one-time purchase.
• Civilian harm trajectory: Every use of cluster munitions produces unexploded submunitions that function as de facto landmines, creating a permanent civilian hazard.
• Norm erosion: The purchase undermines the Convention on Cluster Munitions and signals to other states that cluster munitions remain acceptable.
• No-bid secrecy: The contract was awarded without competition and went unreported for five months, bypassing public accountability.
• Funding Israeli weapons production: The deal directly funds an Israeli state-owned weapons manufacturer during a period of intense scrutiny of Israeli military conduct.

International Law Violations

The following international law provisions are implicated:

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. IHL Prohibition on Indiscriminate Weapons: Cluster munitions scatter submunitions over wide areas, inherently posing risks to civilians.
3. IHL Principle of Distinction: The wide-area effect of cluster munitions makes precise distinction between military and civilian objects extremely difficult.
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. CCW Protocol V: Obligations regarding explosive remnants of war require precautions to minimize civilian risk from unexploded ordnance.