Chemical Weapons Convention

Chemical Weapons Convention
Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

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Participation in the Chemical Weapons Convention

  Signed and ratified
  Acceded
  Signed but not ratified
  Non-signatory

Drafted 3 September 1992[1]
Signed 13 January 1993[1]
Location Paris and New York[1]
Effective 29 April 1997[1]
Condition Ratification by 65 states[2]
Signatories 165[1]
Parties 192[1] (List of State Parties)
Four UN states are not party: Egypt, Israel, North Korea and South Sudan.
Depositary UN Secretary-General[3]
Languages Arabic, Chinese, English, French, Russian and Spanish[4]

The Chemical Weapons Convention (CWC) is an arms control treaty which 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, Netherlands. The treaty entered into force in 1997. The parties' main obligation under the convention is to prohibit the use and production of chemical weapons, as well as the destruction of all current chemical weapons. The destruction activities are verified by the OPCW.

As of April 2016, 192 states have given their consent to be bound by the CWC. 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, Angola deposited its instrument of accession to the CWC on 16 September 2015.[6]

As of October 2015, about 90% of the world's declared stockpile of chemical weapons had been destroyed.[7] 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

History

Intergovernmental consideration of a chemical and biological weapons ban was initiated in 1968 within the 18-nation Disarmament Committee, which, after numerous changes of name and composition, became the Conference on Disarmament (CD) in 1984.[8] On 3 September 1992 the Conference on Disarmament 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 of the 65th instrument of ratification (by Hungary). The convention augments the Geneva Protocol of 1925 for chemical weapons and includes extensive verification measures such as on-site inspections. It does not, however, cover biological weapons.

Organisation for the Prohibition of Chemical Weapons (OPCW)

Headquarters in The Hague

The convention is administered by the Organization for the Prohibition of Chemical Weapons (OPCW), which acts as the legal platform for specification of the CWC provisions.[9] 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.[10][11]

Key points of the Convention

Controlled substances

The convention distinguishes three classes of controlled substance,[12] chemicals which 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."[13]

The treaty also deals with carbon compounds called in the treaty discrete organic chemicals.[14] 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

165 states signed the CWC prior to its entry into force in 1997, 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 April 2016, 192 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. Neither has the State of Palestine, which since becoming a UN observer state is eligible to accede to the Convention.[15] Taiwan, though not a Member State, has stated that it complies with the treaty.[16]

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 72,524 metric tonnes of chemical agent, 8.67 million chemical munitions and containers, and 97 production facilities have been declared to OPCW.[7] Several countries that are not State Parties are suspected of having chemical weapons, especially Egypt, Israel, and North Korea. Some member states (including Iran) have been accused by others of failing to disclose their stockpiles.

Timeline of destruction

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.

Reduction Phases
Phase % Reduction Deadline Notes
I 1% April 2000  
II 20% April 2002 Complete destruction of empty munitions, precursor chemicals,
filling equipment and weapons systems
III 45% April 2004  
IV 100% April 2007 No extensions permitted past April 2012

Progress of destruction

As of October 2015, 65,720 of 72,524 (90%) metric tonnes of chemical agent have been verifiably destroyed. More than 57% (4.97 million) of chemical munitions and containers have been destroyed.[7]

Five State Parties, namely Albania, an unspecified state party (widely believed to be South Korea), India, Libya, and Syria, have completed the destruction of their stockpiles. Russia and the United States, which declared the largest amounts of chemical weapons, are in the process of destruction.[17] The deadline set for both countries of April 2012, however, was not met. The destruction of Libya's Category 1 chemical weapons was completed in 2014; destruction of its chemical weapon precursors is scheduled to finish in 2016.[18] Iraq has yet to start destruction. Japan and China started in October 2010 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).[17][19]

Country Date of Accession/
Entry into force		 Declared Stockpile
(Schedule 1) (tonnes)		 % OPCW (verified destroyed)
(Date of Full destruction)		 Destruction
deadline
Albania Albania 29 April 1997 17[20] 100% (July 2007)[20]n.a.
South Korea South Korea 29 April 1997 3,000–3,500[21] 100% (July 2008)[21] n.a.
India India 29 April 1997 1,044[22] 100% (March 2009)[23] n.a.
Libya Libya 5 February 2004 25[24]100% (January 2014)[24]n.a.
Syria Syria 14 October 2013[25] 1,040[26]100% (August 2014)[26] n.a.
United States United States 29 April 199733,600[27] 90%[27] 29 April 2012 (intends by 2023)[28]
Russia Russia 5 December 1997 40,000[29] 92%[30]29 April 2012 (intends by December 2020)
Iraq Iraq 12 February 2009 remnant munitions[31]not started[31]-
Japan Japan (in China) 29 April 1997 -ongoing 2022 (commitment)[32]

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.[33] 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.[34] 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.[35]

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.[23] The bunker entrances were sealed with 1.5 meters of reinforced concrete in 1994 under UNSCOM supervision.[36] As of 2012, the plan to destroy the chemical weapons was still being developed, in the face of significant difficulties.[31][36] In 2014, ISIS took control of the site.[37]

Syrian destruction

Syria, which had long been suspected of possessing chemical weapons, acknowledged them in September 2013 and agreed to put them under international supervision.[38] 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.[39][40] An accelerated destruction schedule was devised by Russia and the United States on 14 September,[41] and was endorsed by United Nations Security Council Resolution 2118[42] and the OPCW Executive Council Decision EC-M-33/DEC.1.[43] Their deadline for destruction is the first half of 2014.[43] Syria gave the OPCW an inventory of its chemical weapons arsenal[44] and started its destruction in October 2013, 2 weeks before its formal entry into force, while applying the convention provisionally.[45][46] All Category 1 materials were destroyed by August 2014.[26]

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 nations, including the United States, the United Kingdom, Germany, the Netherlands, Italy and Canada; some $2 billion given by 2004. Costs for Albania's program were approximately 48 million U.S. dollars. The U.S. had spent $20 billion and expected to spend a further $40 billion.[47]

Known production facilities (of chemical weapons)

Fourteen States Parties have declared chemical weapons production facilities:[7]

As of May 2015, all 97 declared production facilities had been inactivated and 93% (90) have been certified as destroyed or converted to civilian use.[7]

See also

Related international law

Worldwide treaties for other types of arms

Chemical weapons

References

  1. 1 2 3 4 5 6 7 8 9 "Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction". United Nations Treaty Collection. Retrieved 15 May 2015.
  2. ↑ Chemical Weapons Convention, Article 21.
  3. ↑ Chemical Weapons Convention, Article 23.
  4. ↑ Chemical Weapons Convention, Article 24.
  5. ↑ "Angola Joins the Organisation for the Prohibition of Chemical Weapons". OPCW. Retrieved 1 May 2016.
  6. ↑ "Reference: C.N.492.2015.TREATIES-XXVI.3 (Depositary Notification)" (PDF). Secretary-General of the United Nations. 2015-09-18. Retrieved 2015-09-18.
  7. 1 2 3 4 5 "The Chemical Weapons Ban Facts and Figures". Organisation for the Prohibition of Chemical Weapons. Retrieved 15 May 2015.
  8. ↑ The 1993 Chemical Weapons Convention, THE HARVARD SUSSEX PROGRAM ON CBW ARMAMENT AND ARMS LIMITATION
  9. ↑ The Intersection of Science and Chemical Disarmament, Beatrice Maneshi and Jonathan E. Forman, Science & Diplomacy, 21 September 2015.
  10. ↑ "Syria chemical weapons monitors win Nobel Peace Prize". BBC News. 11 October 2013. Retrieved 12 October 2013.
  11. ↑ "Official press release from Nobel prize Committee". Nobel Prize Organization. 11 October 2013. Retrieved 11 October 2013.
  12. ↑ Chemical Weapons Convention Treaty: Annex on chemicals
  13. ↑ "CWC Article II. Definitions and Criteria". Chemical Weapons Convention. Organisation for the Prohibition of Chemical Weapons. Retrieved 7 September 2013.
  14. ↑ Chemical weapons at Chemlink.com
  15. ↑ O’Brien, Patricia (2013-02-06). "EU Council Working Group on Public International Law - COJUR" (PDF). United Nations Office of Legal Affairs. Retrieved 2016-04-25.
  16. ↑ "Taiwan fully supports Chemical Weapons Convention". BBC. 27 August 2002. Retrieved 6 October 2013.
  17. 1 2 "Opening Statement by the Director-General to the Conference of the States Parties at its Sixteenth Session". OPCW. 28 November 2011. Retrieved 1 May 2012.
  18. ↑ Text by FRANCE 24. "Libya destroys last of Gaddafi’s chemical weapons - France". France 24. Retrieved 5 February 2014.
  19. ↑ Executive Council 61, Decision 1. OPCW. 2010
  20. 1 2 "Albania the First Country to Destroy All Its Chemical Weapons". OPCW. 12 July 2007. Retrieved 15 May 2015.
  21. 1 2 Schneidmiller, Chris (17 October 2008). "South Korea Completes Chemical Weapons Disposal". Nuclear Threat Initiative. Retrieved 15 May 2015.
  22. ↑ "India Country Profile - Chemical". Nuclear Threat Initiative. February 2015. Retrieved 15 May 2015.
  23. 1 2 Schneidmiller, Chris (27 April 2009). "India Completes Chemical Weapons Disposal; Iraq Declares Stockpile". Nuclear Threat Initiative. Retrieved 15 May 2015.
  24. 1 2 "Libya Completes Destruction of Its Category 1 Chemical Weapons". OPCW. 4 February 2014.
  25. ↑ Syria applied the convention provisionally from 14 September 2013
  26. 1 2 3 "OPCW: All Category 1 Chemicals Declared by Syria Now Destroyed". OPCW. 28 August 2014. Retrieved 14 May 2015.
  27. 1 2 Contreras, Evelio (17 March 2015). "U.S. to begin destroying its stockpile of chemical weapons in Pueblo, Colorado". CNN. Retrieved 15 May 2015.
  28. ↑ Hughes, Trevor (25 April 2015). "780,000 chemical weapons being destroyed in Colo.". USA TODAY. Retrieved 15 May 2015.
  29. ↑ "Chemical Weapons Destruction". Government of Canada - Foreign Affairs, Trade and Development Canada. 16 October 2012. Retrieved 15 May 2015.
  30. ↑ https://www.opcw.org/news/article/opcw-director-general-visits-russia-to-mark-closure-of-maradykovsky-chemical-weapons-destruction-facility/
  31. 1 2 3 "Progress report on the preparation of the destruction plan for the al Muthanna bunkers" (PDF). OPCW. 1 May 2012. Retrieved 16 May 2015.
  32. ↑ http://www.opcw.org/fileadmin/OPCW/CSP/RC-3/national-statements/rc3nat20__e_.pdf
  33. ↑ "Iraq Country Profile - Chemical". Nuclear Threat Initiative. April 2015. Retrieved 16 May 2015.
  34. ↑ Chivers, C.J. (22 November 2014). "Thousands of Iraq Chemical Weapons Destroyed in Open Air, Watchdog Says". New York Times. Retrieved 16 May 2015.
  35. ↑ Shrader, Katherine (22 June 2006). "New Intel Report Reignites Iraq Arms Fight". Washington Post. Associated Press. Retrieved 16 May 2015.
  36. 1 2 Tucker, Jonathan B. (17 March 2010). "Iraq Faces Major Challenges in Destroying Its Legacy Chemical Weapons". James Martin Center for Nonproliferation Studies. Retrieved 16 May 2015.
  37. ↑ "Isis seizes former chemical weapons plant in Iraq". Guardian. Associated Press. 9 July 2014. Retrieved 16 May 2015.
  38. ↑ Barnard, Anne (10 September 2013). "In Shift, Syrian Official Admits Government Has Chemical Arms". New York Times. Retrieved 13 September 2013.
  39. ↑ "Depositary Norification" (PDF). United Nations. Retrieved 15 September 2013.
  40. ↑ "Secretary-General Receives Letter from Syrian Government Informing Him President Has Signed Legislative Decree for Accession to Chemical Weapons Convention". United Nations. 12 September 2013.
  41. ↑ Gordon, Michael R. (14 September 2013). "U.S. and Russia Reach Deal to Destroy Syria’s Chemical Arms". The New York Times. Retrieved 15 September 2013.
  42. ↑ Michael Corder (27 September 2013). "Syrian Chemical Arms Inspections Could Begin Soon". AP. Retrieved 9 October 2013.
  43. 1 2 "Decision: Destruction of Syrian Chemical Weapons" (PDF). OPCW. 27 September 2013. Retrieved 28 September 2013.
  44. ↑ BBC News, 6 October 2013. Syria chemical arms removal begins.
  45. ↑ "Kerry 'very pleased' at Syria compliance over chemical weapons". NBC News. 7 October 2013. Retrieved 9 October 2013.
  46. ↑ Mariam Karouny (6 October 2013). "Destruction of Syrian chemical weapons begins: mission". Reuters. Retrieved 8 October 2013.
  47. ↑ "Russia, U.S. face challenge on chemical weapons", Stephanie Nebehay, Reuters, 7 August 2007, accessed 7 August 2007
  48. ↑ "Confidentiality and verification: the IAEA and OPCW" (PDF). VERTIC. May–June 2004. Retrieved 3 December 2012.

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