UN Security Council Resolution 2235 | |
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Date | 7 August 2015 |
Meeting no. | 7501 |
Code | S/RES/2235 (Document) |
Subject | Syria Chemical Weapons Joint Investigative Mechanism |
Voting summary | 15 voted for None voted against None abstained None absent |
Result | Adopted |
Security Council composition | |
Permanent members | |
Non-permanent members |
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. [1]
The United Nations Security Council adopted United Nations Security Council resolution 2235 (2015) on 7 August 2015, in response to use of chemical weapons in the Syrian Civil War. The resolution condemned "any use of any toxic chemical, such as chlorine, as a weapon in the Syrian Arab Republic" and expressed determination to identify and hold accountable those responsible for such acts. The resolution established a Joint Investigative Mechanism (JIM), a partnership between the United Nations (UN) and the Organisation for the Prohibition of Chemical Weapons (OPCW). The Security Council renewed the JIM's mandate in resolution 2319 (2016) on 17 November 2016, for a further period of one year. The mandate of the JIM lapsed in November 2017, after Russia blocked the renewal of its mandate.
The Security Council,
Recalling the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC), and the Council’s resolutions 1540 (2004), 2118 (2013) and 2209 (2015),
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.
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.
United Nations Security Council resolution 1540 was adopted unanimously on 28 April 2004 regarding the non-proliferation of weapons of mass destruction. The resolution establishes the obligations under Chapter VII of the United Nations Charter for all Member States to develop and enforce appropriate legal and regulatory measures against the proliferation of chemical, biological, radiological, and nuclear weapons and their means of delivery, in particular, to prevent the spread of weapons of mass destruction to non-state actors.
Recalling that the Syrian Arab Republic acceded to the CWC, noting that the use of any toxic chemical, such as chlorine, as a chemical weapon in the Syrian Arab Republic is a violation of resolution 2118, and further noting that any such use by the Syrian Arab Republic would constitute a violation of the CWC,
Condemning in the strongest terms any use of any toxic chemical as a weapon in the Syrian Arab Republic and noting with outrage that civilians continue to be killed and injured by toxic chemicals as weapons in the Syrian Arab Republic,
Reaffirming that the use of chemical weapons constitutes a serious violation of international law, and stressing again that those individuals responsible for any use of chemical weapons must be held accountable,
International law is the set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.
Recalling its request to the Director-General of the Organisation for the Prohibition of Chemical Weapons (OPCW) and the Secretary-General to report in a coordinated manner on non-compliance with resolution 2118,
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.
The Secretary-General of the United Nations is the head of the United Nations Secretariat, one of the six principal organs of the United Nations. The Secretary-General serves as the chief administrative officer of the United Nations. The role of the United Nations Secretariat, and of the Secretary-General in particular, is laid out by Chapter XV of the United Nations Charter.
Noting the letter of the Secretary-General to the President of the Security Council of 25 February 2015 (S/2015/138), transmitting the note of the Director-General of the OPCW, discussing the decision of the OPCW Executive Council of 4 February 2015 that expressed serious concern regarding the findings of the Fact-Finding Mission (FFM) made with a high degree of confidence that chlorine has been used repeatedly and systematically as a weapon in the Syrian Arab Republic,
The President of the United Nations Security Council is the presiding officer of that body. The President is the head of the delegation from the United Nations Security Council member state that holds the rotating presidency.
Noting that toxic chemicals as weapons have allegedly been used subsequent to the adoption on 6 March of Security Council resolution 2209 (2015),
Recognizing that the OPCW FFM is not mandated to reach conclusions about attributing responsibility for chemical weapons use,
Recalling that, in its resolution 2118, it decided that the Syrian Arab Republic and all parties in Syria shall cooperate fully with the OPCW and the United Nations,
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.
United Nations fact-finding missions are United Nations missions intended to discover facts. They are often sent to troubled areas. Fact-finding missions have been sent by the UN to a number of trouble-spots over the past 50 years, on a pragmatic, occasional, case-by-case basis. There are legal and political parameters for fact-finding, which stresses its value and opens the door for more comprehensive, ongoing use of this tool, particularly by the Secretary-General.
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 use of chemical weapons in the Syrian Civil War has been confirmed by the United Nations. Deadly attacks during the war included the Ghouta attack in the suburbs of Damascus in August 2013 and the Khan al-Assal attack in the suburbs of Aleppo in March 2013. While no party took responsibility for the chemical attacks, the Syrian Ba'athist military was seen as the main suspect, due to a large arsenal of such weapons. A U.N. fact-finding mission and a UNHRC Commission of Inquiry have simultaneously investigated the attacks. The U.N. mission found the likely use of the nerve agent sarin in the case of Khan al-Assal, Saraqib, Ghouta, Jobar and Ashrafiyat Sahnaya. The UNHRC commission later confirmed the use of sarin in the Khan al-Asal, Saraqib and Ghouta attacks, but did not mention the Jobar and the Ashrafiyat Sahnaya attacks. The UNHRC commission also found that the sarin used in the Khan al-Asal attack bore "the same unique hallmarks" as the sarin used in the Ghouta attack and indicated that the perpetrators likely had access to chemicals from the Syrian Army's stockpile. Those attacks prompted the international community to pressure disarmament of the Syrian Armed Forces from chemical weapons, which was executed during 2014. Despite the disarmament process, dozens of incidents with suspected use of chemical weapons followed throughout Syria, mainly blamed on Syrian Ba'athist forces, as well as the Islamic State of Iraq and the Levant and on Syrian opposition forces and Turkish Armed Forces. There have been a number of evidence-gathering processes developed at the international level
The Independent International Commission of Inquiry on the Syrian Arab Republic was set up by the United Nations Human Rights Council on 22 August 2011 to investigate human rights violations during the Syrian Civil War. The Inquiry's Commissioners are Paulo Sérgio Pinheiro, Karen Koning Abuzayd and Hanny Megally and, until August 2017, Carla del Ponte. The Commission posts regular updates via its official Twitter page. The Commission has interviewed more than 6,000 victims and witnesses, produced over 20 reports and prepared several examples of war crimes and crimes against humanity.
The Khan al-Assal chemical attack was a chemical attack in Khan al-Assal, Aleppo, Syria on 19 March 2013, which according to the Syrian Observatory for Human Rights resulted in at least 26 fatalities including 16 government soldiers and 10 civilians, and more than 86 injuries. Immediately after the incident, the Syrian government and opposition accused each other of carrying out the attack, but neither side presented clear documentation. The Syrian government asked the United Nations to investigate the incident, but disputes over the scope of that investigation led to lengthy delays. In the interim, the Syrian government invited Russia to send specialists to investigate the incident. Samples taken at the site led them to conclude that the attack involved the use of sarin, which matched the assessment made by the United States. Russia held the opposition responsible for the attack, while the US held the government responsible. UN investigators finally arrived on the ground in Syria in August, but their arrival coincided with the much larger-scale 2013 Ghouta attacks which took place on 21 August, pushing the Khan al-Assal investigation "onto the backburner" according to a UN spokesman. The UN report, which was completed on 12 December, found "likely use of chemical weapons in Khan al-Assal" and assessed that organophosphate poisoning was the cause of the "mass intoxication".
Syria's chemical weapons program began in the 1970's with weapons and training from Egypt and the Soviet Union, with production of chemical weapons in Syria beginning in the mid-1980's. 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.
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 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.
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.
The 2014 Kafr Zita chemical attack occurred on 11 April 2014, in the rebel-held northern Syrian town of Kafr Zita during the Syrian Civil War. The attack reportedly wounded around 100 people and killed three. Syria's state television, SANA blamed the attack on the Islamist Al-Nusra Front using "toxic chlorine", while the opposition blamed barrel bombs dropped by government forces.
The United Nations Mission to Investigate Allegations of the Use of Chemical Weapons in the Syrian Arab Republic was a fact-finding mission to investigate possible use of chemical weapons in Syria. The mission was established by the U.N. Secretary-general Ban Ki-moon on 21 March 2013 to investigate the 19 March 2013 Khan al-Assal chemical attack that was brought to the Secretary-general's attention by the Syrian Government. On 27 March 2013, the secretary-general appointed Åke Sellström to head the mission. The mission had an OPCW component headed by Scott Cairns and a WHO component headed by Maurizio Barbeschi.
The OPCW Fact-Finding Mission in Syria is a mission of the Organisation for the Prohibition of Chemical Weapons (OPCW) to investigate possible use of toxic chemicals, reportedly chlorine, in Syria. The OPCW-Director General Ahmet Üzümcü announced the creation of the mission on 29 April 2014. This initial mission was headed by Malik Ellahi. The Syrian Government agreed to the Mission.
The Khan Shaykhun chemical attack took place on 4 April 2017 on the town of Khan Shaykhun in the Idlib Governorate of Syria.
The Talmenes chemical attack took place on 21 April 2014, in the village of Talmenes in Idlib Governorate of Syria. The village was struck by a chemical attack around 10:30 when two “barrel bombs” embedded with cylinders of chlorine gas reportedly were dropped on the village. The bombs struck two houses some 100 m from each other, in the neighbourhood around the “big” mosque. According to Human Rights Watch, the attack killed three civilians and wounded about 133.
The Sarmin chemical attack was a chlorine attack that took place on 16 March 2015, in the village of Sarmin in the Idlib Governorate of Syria.
On 7 April 2018, a chemical attack in the Syrian city of Douma reportedly killed at least 70 people. The attack was attributed to the Syrian Army by rebel forces in Douma, non-governmental aid and medical workers there, and by a number of countries, including the United States, most NATO members, and the European Union. Syria and Russia's defense ministries stated that "the attack did not happen and video evidence for it was staged and directed by British intelligence".
On 14 April 2018, beginning at 04:00 Syrian time (UTC+3), the United States, France, and the United Kingdom carried out a series of military strikes involving aircraft and ship-based missiles against multiple government sites in Syria. They said it was in response to the Douma chemical attack against civilians on 7 April, which they attributed to the Syrian government. The Syrian government denied involvement in the Douma attacks and called the airstrikes a violation of international law.