Argument 34:

Still, it is possible that, should war erupt in Iraq, American and British forces might fall foul of, for example, the provision of the ICC treaty outlawing attacks on military targets that cause "clearly excessive" harm to civilians. That is especially so if they do not learn lessons from recent wars and take corrective steps. The weapon most likely to produce such harm is the cluster bomb. A typical cluster bomb is a container that opens in mid-air and scatters up to 200 bomblets over an area the size of half a soccer field. Even in their new, "wind-corrected" form, cluster bombs are not precision weapons. If used where civilians are present, the size of the area they attack and the difficulty of directing them reliably mean that civilian casualties - sometimes substantial casualties - are foreseeable. A court conceivably could find that the use of cluster bombs in such circumstances is a war crime.