As the United States continues to fight a war against private terror organizations, we and our coalition partners must avoid resorting to terror ourselves, lest our moral and legal standing be undermined. Both in Afghanistan and in Kosovo, the United States employed a weapon that violates the spirit if not the letter of humanitarian law. That weapon, the cluster bomb, unduly endangers and terrorizes civilians. Although focusing primarily on NATO's use of this weapon in Serbia and its Kosovo province, the thesis of this Article also applies to the United States' employing cluster bombs in our war in Afghanistan, a war to defeat and capture those responsible for the September 11 attacks.
Thomas Michael McDonnell, Cluster Bombs over Kosovo: A Violation of International Law?, 44 Ariz. L. Rev. 31 (2002), http://digitalcommons.pace.edu/lawfaculty/282/.