Chemical Weapons Convention

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Chemical Weapons Convention
CWC Participation.svg
Participation in the Chemical Weapons Convention
Drafted3 September 1992 [1]
Signed13 January 1993 [1]
LocationParis and New York [1]
Effective29 April 1997 [1]
ConditionRatification by 65 states [2]
Signatories165 [1]
Parties193 [1] (List of state parties)
Four UN states are not party: Egypt, Israel, North Korea and South Sudan.
Depositary UN Secretary-General [3]
LanguagesArabic, Chinese, English, French, Russian and Spanish [4]

The Chemical Weapons Convention (CWC) is an arms control treaty that outlaws the production, stockpiling, and use of chemical weapons and their precursors. The full name of the treaty is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and it is administered by the Organisation for the Prohibition of Chemical Weapons (OPCW), an intergovernmental organization based in The Hague, The Netherlands. The treaty entered into force on 29 April 1997. The Chemical Weapons Convention prohibits the large-scale use, development, production, stockpiling and transfer of chemical weapons. Very limited production for research, medical, pharmaceutical or protective purposes is still permitted. The main obligation of member states under the convention is to effect this prohibition, as well as the destruction of all current chemical weapons. All destruction activities must take place under OPCW verification.

Contents

As of May 2018, 193 states have become parties to the CWC and accept its obligations. Israel has signed but not ratified the agreement, while three other UN member states (Egypt, North Korea and South Sudan) have neither signed nor acceded to the treaty. [1] [5] Most recently, the State of Palestine deposited its instrument of accession to the CWC on 17 May 2018. In September 2013 Syria acceded to the convention as part of an agreement for the destruction of Syria's chemical weapons. [6] [7]

As of November 2018, 96.62% of the world's declared chemical weapons stockpiles had been destroyed. [8] The convention has provisions for systematic evaluation of chemical production facilities, as well as for investigations of allegations of use and production of chemical weapons based on intelligence of other state parties.

Some chemicals which have been used extensively in warfare but have numerous large-scale industrial uses such as phosgene are highly regulated, however, certain notable exceptions exist. Chlorine gas is highly toxic, but being a pure element and extremely widely used for peaceful purposes, is not officially listed as a chemical weapon. Certain state-powers (e.g. the Assad regime of Syria) continue to regularly manufacture and implement such chemicals in combat munitions. [9] Although these chemicals are not specifically listed as controlled by the CWC, the use of any toxic chemical as a weapon (when used to produce fatalities solely or mainly through its toxic action) is in-and-of itself forbidden by the treaty. Other chemicals, such as white phosphorus, are highly toxic but are legal under the CWC when they are used by military forces for reasons other than their toxicity.

History

The CWC augments the Geneva Protocol of 1925 for chemical weapons and includes extensive verification measures such as on-site inspections. The Geneva Protocol does not cover biological weapons, but in 1968 the Eighteen Nation Committee on Disarmament (ENDC) concluded the Biological and Toxin Weapons Convention (BWC).

After several changes of name and composition, the ENDC evolved into the Conference on Disarmament (CD) in 1984. [10] On 3 September 1992 the CD submitted to the U.N. General Assembly its annual report, which contained the text of the Chemical Weapons Convention. The General Assembly approved the convention on 30 November 1992, and the U.N. Secretary-General then opened the convention for signature in Paris on 13 January 1993. The CWC remained open for signature until its entry into force on 29 April 1997, 180 days after the deposit at the UN by Hungary of the 65th instrument of ratification.

Organisation for the Prohibition of Chemical Weapons (OPCW)

Headquarters in The Hague HQ of OPCW in The Hague.jpg
Headquarters in The Hague

The convention is administered by the Organisation for the Prohibition of Chemical Weapons (OPCW), which acts as the legal platform for specification of the CWC provisions. [11] The Conference of the States Parties is mandated to change the CWC and pass regulations on implementation of CWC requirements. The Technical Secretariat of the organization conducts inspections to ensure compliance of member states. These inspections target destruction facilities (where permanent monitoring takes place during destruction), chemical weapons production facilities which have been dismantled or converted for civil use, as well as inspections of the chemical industry. The Secretariat may furthermore conduct "investigations of alleged use" of chemical weapons and give assistance after use of chemical weapons.

The 2013 Nobel Peace Prize was awarded to the organization because it had, with the Chemical Weapons Convention, "defined the use of chemical weapons as a taboo under international law" according to Thorbjørn Jagland, Chairman of the Norwegian Nobel Committee. [12] [13]

Key points of the Convention

Controlled substances

The convention distinguishes three classes of controlled substance, [14] [15] chemicals that can either be used as weapons themselves or used in the manufacture of weapons. The classification is based on the quantities of the substance produced commercially for legitimate purposes. Each class is split into Part A, which are chemicals that can be used directly as weapons, and Part B, which are chemicals useful in the manufacture of chemical weapons. Separate from the precursors, the convention defines toxic chemicals as "[a]ny chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere." [16]

A treaty party may declare a "single small-scale facility" that produces up to 1 tonne of Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes each year, and also another facility may produce 10 kg per year for protective testing purposes. An unlimited number of other facilities may produce Schedule 1 chemicals, subject to a total 10 kg annual limit, for research, medical or pharmaceutical purposes, but any facility producing more than 100 grams must be declared. [14] [18]

The treaty also deals with carbon compounds called in the treaty "discrete organic chemicals", the majority of which exhibit moderate-high direct toxicity or can be readily converted into compounds with toxicity sufficient for practical use as a chemical weapon. [19] These are any carbon compounds apart from long chain polymers, oxides, sulfides and metal carbonates, such as organophosphates. The OPCW must be informed of, and can inspect, any plant producing (or expecting to produce) more than 200 tonnes per year, or 30 tonnes if the chemical contains phosphorus, sulfur or fluorine, unless the plant solely produces explosives or hydrocarbons.

Member states

Before the CWC came into force in 1997, 165 states signed the convention, allowing them to ratify the agreement after obtaining domestic approval. [1] Following the treaty's entry into force, it was closed for signature and the only method for non-signatory states to become a party was through accession. As of May 2018, 193 states, representing over 98 percent of the world's population, are party to the CWC. [1] Of the four United Nations member states that are not parties to the treaty, Israel has signed but not ratified the treaty, while Egypt, North Korea, and South Sudan have neither signed nor acceded to the convention. Taiwan, though not a member state, has confirmed that it complies with the treaty. [20]

Key organizations of member states

Member states are represented at the OPCW by their Permanent Representative. This function is generally combined with the function of Ambassador. For the preparation of OPCW inspections and preparation of declarations, member states have to constitute a National Authority.

World stockpile of chemical weapons

A total of 72,304 metric tonnes of chemical agent, and 97 production facilities have been declared to OPCW. [8]

Treaty deadlines

The treaty set up several steps with deadlines toward complete destruction of chemical weapons, with a procedure for requesting deadline extensions. No country reached total elimination by the original treaty date although several have finished under allowed extensions. [21]

Reduction Phases
Phase% ReductionDeadlineNotes
I1%April 2000 
II20%April 2002Complete destruction of empty munitions, precursor chemicals,
filling equipment and weapons systems
III45%April 2004 
IV100%April 2007No extensions permitted past April 2012

Progress of destruction

At the end of 2019, 70,545 of 72,304 (97.51%) metric tonnes of chemical agent have been verifiably destroyed. More than 57% (4.97 million) of chemical munitions and containers have been destroyed. [22]

Seven State Parties, namely Albania, an unspecified state party (believed to be South Korea), India, Iraq, Libya, Russia and Syria have completed the destruction of their declared stockpiles. The United States is in the process of destruction and scheduled to complete in 2023. [23] The destruction of Libya's Category 1 chemical weapons was completed in 2014; destruction of its chemical weapon precursors was completed in November 2017. [24] [25]

Japan and China in October 2010 began the destruction of World War II era chemical weapons abandoned by Japan in China by means of mobile destruction units and reported destruction of 35,203 chemical weapons (75% of the Nanjing stockpile). [23] [26]

CountryDate of accession/
entry into force		Declared stockpile
(Schedule 1) (tonnes)		% OPCW-verified destroyed
(date of full destruction)		Destruction
deadline
Flag of Albania.svg Albania 29 April 199717 [27] 100% (July 2007) [27]
Flag of South Korea.svg South Korea 29 April 19973,000–3,500 [28] 100% (July 2008) [28]
Flag of India.svg India 29 April 19971,044 [29] 100% (March 2009) [30]
Flag of Libya.svg Libya 5 February 200425 [31] 100% (January 2014) [31]
Flag of Syria.svg Syria (government held)14 October 2013 [32] 1,040 [33] 100% (August 2014) [33]
Flag of Russia.svg Russia 5 December 199740,000 [34] 100% (September 2017) [35]
Flag of the United States.svg United States 29 April 199733,600 [36] 91% [36] 29 April 2012 (intends by 2023) [37]
Flag of Iraq.svg Iraq 12 February 2009remnant munitions [38] 100% (March 2018) [39]
Flag of Japan.svg Japan (in China)29 April 1997-ongoing2022 (commitment) [40]

Iraqi stockpile

The U.N. Security Council ordered the dismantling of Iraq's chemical weapon stockpile in 1991. By 1998, UNSCOM inspectors had accounted for the destruction of 88,000 filled and unfilled chemical munitions, over 690 metric tons of weaponized and bulk chemical agents, approximately 4,000 tonnes of precursor chemicals, and 980 pieces of key production equipment. [41] The UNSCOM inspectors left in 1998.

In 2009, before Iraq joined the CWC, the OPCW reported that the United States military had destroyed almost 5,000 old chemical weapons in open-air detonations since 2004. [42] These weapons, produced before the 1991 Gulf War, contained sarin and mustard agents but were so badly corroded that they could not have been used as originally intended. [43]

When Iraq joined the CWC in 2009, it declared "two bunkers with filled and unfilled chemical weapons munitions, some precursors, as well as five former chemical weapons production facilities" according to OPCW Director General Rogelio Pfirter. [30] The bunker entrances were sealed with 1.5 meters of reinforced concrete in 1994 under UNSCOM supervision. [44] As of 2012, the plan to destroy the chemical weapons was still being developed, in the face of significant difficulties. [38] [44] In 2014, ISIS took control of the site. [45]

On 13 March 2018, the Director-General of the Organisation for the Prohibition of Chemical Weapons (OPCW), Ambassador Ahmet Üzümcü, congratulated the Government of Iraq on the completion of the destruction of the country's chemical weapons remnants. [39]

Syrian destruction

Following the August 2013 Ghouta chemical attack, [46] Syria, which had long been suspected of possessing chemical weapons, acknowledged them in September 2013 and agreed to put them under international supervision. [47] On 14 September Syria deposited its instrument of accession to the CWC with the United Nations as the depositary and agreed to its provisional application pending entry into force effective 14 October. [48] [49] An accelerated destruction schedule was devised by Russia and the United States on 14 September, [50] and was endorsed by United Nations Security Council Resolution 2118 [51] and the OPCW Executive Council Decision EC-M-33/DEC.1. [52] Their deadline for destruction was the first half of 2014. [52] Syria gave the OPCW an inventory of its chemical weapons arsenal [53] and began its destruction in October 2013, 2 weeks before its formal entry into force, while applying the convention provisionally. [54] [55] All declared Category 1 materials were destroyed by August 2014. [33] However, the Khan Shaykhun chemical attack in April 2017 indicated that undeclared stockpiles probably remained in the country. A chemical attack on Douma occurred on 7 April 2018 that killed at least 49 civilians with scores injured, and which has been blamed on the Assad government. [56] [57] [58]

Controversy arose in November 2019 over the OPCW's finding on the Douma chemical weapons attack when Wikileaks published emails by an OPCW staff member saying a report on this incident "misrepresents the facts" and contains "unintended bias". The OPCW staff member questioned the report's finding that OPCW's inspectors had "sufficient evidence at this time to determine that chlorine, or another reactive chlorine-containing chemical, was likely released from cylinders". [59] The staff member alleged this finding was "highly misleading and not supported by the facts" and said he would attach his own differing observations if this version of the report was released. On 25 November 2019, OPCW Director General Fernando Arias, in a speech to the OPCW's annual conference in The Hague, defended the Organization's report on the Douma incident, stating "While some of these diverse views continue to circulate in some public discussion forums, I would like to reiterate that I stand by the independent, professional conclusion" of the probe. [60]

Financial support for destruction

Financial support for the Albanian and Libyan stockpile destruction programmes was provided by the United States. Russia received support from a number of countries, including the United States, the United Kingdom, Germany, the Netherlands, Italy and Canada; with some $2 billion given by 2004. Costs for Albania's program were approximately US$48 million. The United States has spent $20 billion and expected to spend a further $40 billion. [61]

Known chemical weapons production facilities

Fourteen states parties have declared chemical weapons production facilities (CWPFs): [22] [62]

Currently all 97 declared production facilities have been deactivated and certified as either destroyed (74) or converted (23) to civilian use. [22]

See also

Worldwide treaties for other types of weapons of mass destruction

Chemical weapons

Related Research Articles

Organisation for the Prohibition of Chemical Weapons Intergovernmental organisation and the implementing body for the Chemical Weapons Convention

The Organisation for the Prohibition of Chemical Weapons (OPCW) is an intergovernmental organisation and the implementing body for the Chemical Weapons Convention, which entered into force on 29 April 1997. The OPCW, with its 193 member states, has its seat in The Hague, Netherlands, and oversees the global endeavour for the permanent and verifiable elimination of chemical weapons.

Chemical warfare Using poison gas or other toxins in war

Chemical warfare (CW) involves using the toxic properties of chemical substances as weapons. This type of warfare is distinct from nuclear warfare, biological warfare and radiological warfare, which together make up CBRN, the military acronym for nuclear, biological, and chemical, all of which are considered "weapons of mass destruction" (WMDs). None of these fall under the term conventional weapons which are primarily effective due to their destructive potential. In theory, with proper protective equipment, training, and decontamination measures, the primary effects of chemical weapons can be overcome. In practice, they continue to cause much suffering, as most victims are defenseless. Many nations possess vast stockpiles of weaponized agents in preparation for wartime use. The threat and the perceived threat have become strategic tools in planning both measures and counter-measures.

The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, usually called the Geneva Protocol, is a treaty prohibiting the use of chemical and biological weapons in international armed conflicts. It was signed at Geneva on 17 June 1925 and entered into force on 8 February 1928. It was registered in League of Nations Treaty Series on 7 September 1929. The Geneva Protocol is a protocol to the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War signed on the same date, and followed the Hague Conventions of 1899 and 1907.

Russia and weapons of mass destruction

The Russian Federation is one of the five "nuclear-weapon states" under the Treaty on the Non-Proliferation of Nuclear Weapons. With approximately 6,800 nuclear warheads, Russia has the largest stockpile of nuclear weapons in the world. In addition to nuclear weapons, Russia declared an arsenal of 39,967 tons of chemical weapons in 1997. The Soviet Union ratified the Geneva Protocol on April 5, 1928 with reservations. The reservations were dropped on January 18, 2001. Russia is also party to the Biological Weapons Convention and the Chemical Weapons Convention. The Soviet Union had a peak stockpile of 45,000 nuclear warheads in 1986. It is estimated that from 1949 to 1991 the Soviet Union produced approximately 55,000 nuclear warheads. In early 2019, more than 90% of the world's 13,865 nuclear weapons were owned by Russia and the United States.

Chemical weapon proliferation Prevalence and spread of chemical weapons

Many nations continue to research and/or stockpile chemical weapon agents despite numerous efforts to reduce or eliminate them. Most states have joined the Chemical Weapons Convention (CWC), which required the destruction of all chemical weapons by 2012. Twelve nations have declared chemical weapons production facilities and six nations have declared stockpiles of chemical weapons. All of the declared production facilities have been destroyed or converted to civilian use after the treaty went into force. According to the United States government, at least 17 nations currently have active chemical weapons programs.

United States Army Chemical Materials Activity

The United States Army Chemical Materials Activity (CMA) is a separate reporting activity of the United States Army Materiel Command (AMC). Its role is to enhance national security by securely storing the remaining U.S. chemical warfare materiel stockpiles, while protecting the work force, the public and the environment to the maximum extent.

Methylphosphonyl difluoride (DF), also known as EA-1251 or difluoro, is a chemical weapon precursor. Its chemical formula is CH3POF2. It is a Schedule 1 substance in the sense of the Chemical Weapons Convention. It is used for production of sarin and soman as a component of binary chemical weapons; an example is the M687 artillery shell, where it is used together with a mixture of isopropyl alcohol and isopropyl amine, producing sarin.

Albania and weapons of mass destruction

Albania once possessed a stockpile of weapons of mass destruction. This stockpile of chemical weapons included 16,678 kilograms (36,769 lb) of mustard agent, lewisite, adamsite, and chloroacetophenone.

Libya and weapons of mass destruction

Libya pursued programs to develop or acquire weapons of mass destruction from when Muammar Gaddafi seized control of Libya in 1969 until he announced on 19 December 2003 that Libya would voluntarily eliminate all materials, equipment and programs that could lead to internationally proscribed weapons. This included weapons of mass destruction and long-range ballistic missiles.

Syria and weapons of mass destruction

Syria and weapons of mass destruction deals with the research, manufacture, stockpiling and alleged use by Syria of weapons of mass destruction, which include chemical and nuclear weapons.

Chemical weapon Device that uses chemicals to harm or kill people

A chemical weapon (CW) is a specialized munition that uses chemicals formulated to inflict death or harm on humans. According to the Organisation for the Prohibition of Chemical Weapons (OPCW), "the term chemical weapon may also be applied to any toxic chemical or its precursor that can cause death, injury, temporary incapacitation or sensory irritation through its chemical action. Munitions or other delivery devices designed to deliver chemical weapons, whether filled or unfilled, are also considered weapons themselves."

2013 Nobel Peace Prize

The 2013 Nobel Peace Prize was awarded to the Organisation for the Prohibition of Chemical Weapons, for their "extensive work to eliminate chemical weapons". The award citation indicated the organization was awarded the prize, because they “have defined the use of chemical weapons as taboo under international law. Recent events in Syria, where chemical weapons have again been put to use, have underlined the need to enhance the efforts to do away with such weapons.” The committee criticized Russia and the United States for not meeting the extended deadline for destruction of its chemical weapons, and noted that certain countries "are still not members". The OPCW was the 22nd organization to be awarded the prize.

The United States chemical weapons program began in 1917 during World War I with the creation of the U.S. Army's Gas Service Section and ended 73 years later in 1990 with the country's practical adoption of the Chemical Weapons Convention. Destruction of stockpiled chemical weapons began in 1985 and is still ongoing. The U.S. Army Medical Research Institute of Chemical Defense (USAMRICD), at Aberdeen Proving Ground, Maryland, continues to operate.

Syria's chemical weapons program began in the 1970s with weapons and training from Egypt and the Soviet Union, with production of chemical weapons in Syria beginning in the mid-1980s. For some time, Syria was believed to have the world's third-largest stockpile of chemical weapons, after the United States and Russia. Prior to September 2013 Syria had not publicly admitted to possessing chemical weapons, although Western intelligence services believed it to hold one of the world's largest stockpiles. In September 2013, French intelligence put the Syrian stockpile at 1,000 tonnes, including Yperite, VX and "several hundred tonnes of sarin". At the time, Syria was one of a handful of states which had not ratified the Chemical Weapons Convention. In September 2013, Syria joined the CWC, and agreed to the destruction of its weapons, to be supervised by the Organisation for the Prohibition of Chemical Weapons (OPCW), as required by the convention. A joint OPCW-United Nations mission was established to oversee the destruction process. Syria joined OPCW after international condemnation of the August 2013 Ghouta chemical attack, for which Western states held the Syrian government responsible and agreed to the prompt destruction of its chemical weapons, resulting in U.S. Secretary of State John Kerry declaring on 20 July 2014: "we struck a deal where we got 100 percent of the chemical weapons out." The destruction of Syria's chemical weapons that the Assad government had declared was completed by August 2014, yet further disclosures, incomplete documentation, and allegations of withholding part of Syria's chemical weapons stockpile since mean that serious concerns regarding chemical weapons and related sites in Syria remain. On 5 April 2017, the government of Syria allegedly unleashed a chemical attack that killed 70 civilians. A suspected chemical attack on Douma on 9 April 2018 that killed at least 49 civilians has been blamed on the Syrian Government.

Destruction of Syrias chemical weapons Part of the Syrian peace process

The destruction of Syria's chemical weapons began on 14 September 2013 after Syria entered into several international agreements which called for the elimination of Syria's chemical weapon stockpiles and set a destruction deadline of 30 June 2014. On the same day, Syria acceded to the Chemical Weapons Convention (CWC) and agreed to its provisional application pending its entry into force on 14 October. Having acceded to the CWC, the Organisation for the Prohibition of Chemical Weapons (OPCW) Executive Council on 27 September approved a detailed implementation plan that required Syria to assume responsibility for and follow a timeline for the destruction of Syrian chemical weapons and Syrian chemical weapon production facilities. Following the signing of the Framework Agreement on 14 September 2013 and after the OPCW implementation plan, on 27 September the United Nations Security Council unanimously adopted Resolution 2118 which bound Syria to the timetable set out in the OPCW implementation plan. The joint OPCW-UN mission was established to oversee the implementation of the destruction program.

United Nations Security Council Resolution 2118

United Nations Security Council Resolution 2118 was adopted unanimously on 27 September 2013, in regard to the Framework for Elimination of Syrian Chemical Weapons during the Syrian civil war. It recalled United Nations Security Council Resolutions 1540, 2042 and 2043 and occurred on the sidelines of the General debate of the sixty-eighth session of the United Nations General Assembly. Under the Resolution, Syria had until mid-2014 to destroy its chemical weapons arsenal; and the Resolution also outlines plans for a transition. Despite a few hiccups, the OPCW reported that the destruction was largely on schedule.

Day of Remembrance for all Victims of Chemical Warfare

The Day of Remembrance for all Victims of Chemical Warfare is an annual event held November 30 as a "tribute to the victims of chemical warfare, as well as to reaffirm the commitment of the Organisation for the Prohibition of Chemical Weapons (OPCW) to the elimination of the threat of chemical weapons, thereby promoting the goals of peace, security, and multilateralism." It is officially recognised by the United Nations (UN) and has been celebrated since 2005. On the 2013 observance day, the UN Secretary-General Ban Ki-moon gave a speech where he stated:

On this Remembrance Day, I urge the international community to intensify efforts to rid the world of chemical weapons, along with all other weapons of mass destruction. Let us work together to bring all States under the Convention and promote its full implementation. This is how we can best honour past victims and liberate future generations from the threat of chemical weapons.

The OPCW-UN Joint Mission in Syria was jointly established on 16 October 2013 by the Organisation for the Prohibition of Chemical Weapons (OPCW) and the United Nations (UN) to oversee the elimination of the Syrian chemical weapons program. The Joint Mission continued the work of the OPCW-UN advance team that had arrived in Damascus on 1 October 2013.

United Nations Security Council Resolution 2235

The United Nations Security Council Resolution 2235 is on establishing a Joint Investigative Mechanism to identify individuals, entities, groups, or governments responsible for use of chemical weapons in the Syrian civil war.

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  58. ↑ "OPCW confirms chemical weapons use in Douma, Syria". DW. Agence France-Presse/Associated Press. 1 March 2019. Retrieved 6 June 2019.
  59. ↑ Greg Norman (2019). "Syria watchdog accused of making misleading edits in report on chemical weapons attack". Foxnews.com. Retrieved 24 December 2019.
  60. ↑ CBS/AFP (2019). "Chemical weapons watchdog OPCW defends Syria report as whistleblower claims bias". cbsnews.com. Retrieved 24 December 2019.
  61. ↑ "Russia, U.S. face challenge on chemical weapons", Stephanie Nebehay, Reuters, 7 August 2007, accessed 7 August 2007
  62. ↑ "Eliminating Chemical Weapons and Chemical Weapons Production Facilities" (PDF). Organisation for the Prohibition of Chemical Weapons. November 2017. Retrieved 21 February 2019.
  63. ↑ "Confidentiality and verification: the IAEA and OPCW" (PDF). VERTIC. May–June 2004. Retrieved 3 December 2012.
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