Biden’s Clusterbomb War Crime?

1) Using cluster bombs is a potential war crime according to previous press secretary Jen Psaki when referring to Russia’s potential use in the past


2) Biden justifies his decision for the US to send them to Ukraine now because...we’re low on ammo to provide them. But just "temporarily" he assures, until we can manufacture more


3) Biden emphasized that our cluster bombs are "safer" for civilians because they have "low dud rates,"
 but didn't explain why

What could possibly go wrong?