See “Update” below.

The New York Times‘ Rick Gladstone (9/3/15) has an article on the use of cluster bombs—aptly described as the “widely outlawed munitions that kill and maim indiscriminately”—in conflicts in Libya, Sudan, Syria, Ukraine and Yemen, five countries that have not signed the Convention on Cluster Munitions, which banned the production, sale and use of these weapons in 2010.

Writes Gladstone:

The use of these weapons was criticized by all 117 countries that have joined the treaty, which took effect five years ago. Their use was also criticized by a number of others, including the United States, that have not yet joined the treaty but have abided by its provisions.

This is just wrong: The Convention not only bans the use of cluster bombs—which the US military used against Serbia, Afghanistan and Iraq before the treaty went into effect, but did not use subsequently in its air attacks on Libya—it also mandates that signatories are “never under any circumstances to…develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions.”

As Human Rights Watch (5/3/15) recently reported, “Credible evidence indicates that the Saudi-led coalition used banned cluster munitions supplied by the United States in airstrikes against Houthi forces in Yemen” this year. The weapon in question is the CBU-105, manufactured in Wilmington, Massachusetts–and “banned under the Convention on Cluster Munitions,” HRW notes. The report specifies:

In August 2013, the US Department of Defense concluded a contract for the manufacture of 1,300 CBU-105 Sensor Fuzed Weapons for Saudi Arabia by Textron. The contract stipulated that delivery of the weapons should be completed by December 2015. Human Rights Watch does not know when deliveries began, or if they have finished. Additionally, the UAE received an unknown number of CBU-105 from Textron Defense Systems in June 2010, fulfilling a contract announced in November 2007.

Even were the Saudis (or the United Arab Emirates) not using the cluster bombs, the US simply making and transferring them (and stockpiling them in its own arsenal) clearly violates the Convention. Their use by the US’s allies presumably puts Washington in conflict with another provision forbidding parties to “assist” others in activities contrary to the treaty.

Aside from the inaccuracy of claiming that the US has abided by the provisions of the Convention, the Times article fails to follow the principles of newsworthiness. For a US-based paper like the Times with a largely American audience, the fact that the United States is making and selling some of the deadly weapons whose use is the subject of the article ought to be a central point. Instead, the Times‘ willingness to play down Washington’s role in conflicts it reports on has led it to publish certifiable falsehoods.

ACTION: Please write to the New York Times and ask them to correct the false claim that the US is abiding by the provisions of the Convention on Cluster Munitions.

CONTACT: The New York Times accepts requests for corrections at nytnews@nytimes.com. Remember that respectful communication is the most effective.

UPDATE: A few hours after FAIR issued this Action Alert, the New York Times appended a correction to its piece:

An earlier version of this article misstated the position of the United States regarding the treaty banning cluster munitions. According to the Cluster Munition Coalition, while the United States has reduced its supply of cluster munitions, it reserves the right to use, transfer and stockpile them. The United States is not among the countries that abide by the treaty’s provisions even though they have not joined the treaty.

Perhaps more importantly, the story has been rewritten to include the fact that US-made cluster bombs continue to be used: The United States, which is among the countries that have not signed the treaty, still produces and exports cluster munitions. In a telephone interview, Ms. Wareham said that although the United States had sharply reduced its supply of cluster munitions, at least three different types of American-made cluster munitions had been used by Saudi-led forces this year in the Yemen conflict. “The United States reserves the right to use, transfer and stockpile the munitions, unfortunately, so we cannot say they abide by its provisions,” she said. FAIR appreciates the correction and the expanded story. Thanks to all those who participated by writing to the Times or helping to spread the word.

Jim Naureckas is the editor of FAIR.org.