The Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) held its 94th session from 7–10 July. Prominent on the agenda was the determination by the Investigation and Identification Team (IIT) that ‘there are reasonable grounds to believe’ that Syrian government forces bear responsibility for several chemical weapon (CW) attacks at the end of March 2017.
The finding is the first time that the Technical Secretariat of the OPCW has formally charged a state party to the Chemical Weapons Convention (CWC) with violating Article I, para. 1(b) to never under any circumstances use CW. The accusation is serious: few other provisions in the convention could be less ambiguous.
The 41-member Executive Council approved the Decision addressing the possession and use of chemical weapons by the Syrian Arab Republic by a large majority: 29 against 3 (with 9 abstentions). It opens the door to further investigation of war crimes and prosecution of individual perpetrators of such crimes under international law. It also sets the process in motion whereby parties to the CWC may hold another state party accountable for major treaty breaches. This would be a first in the 23-year history of the disarmament agreement.
With the recent international attention to riot control agents (RCA) people have raised the question how their use against protesting civilians can be legal when the toxic agents are internationally banned from battlefields.
Framed as such, the question is not entirely correct. In my previous blog posting I argued that outlawing RCAs for law enforcement and riot control based on the above reasoning may run into complications in the United States because the country still identifies operational military roles for irritants on the battlefield in contravention of the Chemical Weapons Convention.
This article sketches the convoluted history of harassing agents as a means of combat and a police tool. For hundreds of centuries until the late Middle Ages irritants were part of siege warfare. In the 19th century interest returned because of a new competition between defensive structures and breaching weaponry. Just like in earlier times, toxic fumes could drive defenders from their enclosed positions. The rise of chemistry introduced new compounds with the potential to clear occupants from fortifications.
Just before World War 1 French police had to confront a new form of gangsterism. Bandits used the most advanced weaponry and tools not yet available to police officers, they barricaded themselves in buildings, and resisted arrest until their last bullet. To reduce bloodshed, the police investigated alternatives to dislodge the new creed of brigands.
‘Tear-gas’ may come to symbolise the Trump Administration’s heavy-handed response to the popular reaction against the killing of George Floyd, a middle-aged black man, by a white police officer. The President’s rolling thunder of insensitive, divisive tweets extolling law and order and deriding the legitimate demands by the Black Lives Matter movement has contributed to irresponsible use of force against essentially peaceful protesters, onlookers, and members of the press. Police brutality combined with widespread lack of accountability – unless a person gets killed or an incident is captured on media – has led to multiple types of excesses. When President Trump sallied out of the fenced White House for a photo session in front of the nearby St John’s Episcopal Church, police and National Guard units cleared his path by tear-gassing protesters. Moments earlier he had threatened state governors with the deployment of the US military unless they use the National Guard in sufficient numbers to ‘dominate the streets’.
Over the past weeks many commentators have zoomed in on riot control agents (RCAs), arguing that lachrymators have been internationally banned for war but not for quenching public disturbances or riots. Fact-checker sections in newspapers generally confirm the assertion citing relevant provisions in the Chemical Weapons Convention (CWC). Prominent politicians, city councils, civil rights leaders and many other human rights advocates in the United States are now calling to prohibit RCAs for crowd control purposes.
While valid for the international community, is the assertion that RCAs cannot be used in war correct for the United States?
On June 5 the IAEA Director General provided a report to the Board of Governors on an ongoing dispute with Iran concerning requests the IAEA has made to inspect several sites in Iran suspected of being past locations of undeclared nuclear material. Iran claims that there are “some legal ambiguities and concerns which need to be addressed” before access is granted. Assumedly those legal concerns involve interpretations of the Additional Protocol agreement that Iran is provisionally applying pursuant to the terms of the JCPOA.
A friend sent me the report in the interests of transparency. You can access it below.
Jonathan Tirone has some good explanatory commentary about the report here.
I wanted to bring readers’ attention to a paper I recently wrote on strategic trade controls. It’s forthcoming in an edited collection, but it’s available now on SSRN at this link. STCs are a subject I’ve been working on for about 18 years, since my days of studying and working with the excellent staff at the University of Georgia Center for International Trade and Security. STCs are an often undervalued but extremely important part of the overall system of WMD nonproliferation law. I wrote this piece based upon both my academic work in the area, and the work on the ground I’ve done over the past few years advising the Government of Jordan on the creation of their new transit and transshipment STC law. I hope some find it a useful explication of the area.
Dazed. Shocked. Stunned. Does any one of these words even begin to convey my reaction when around noon on 23 April I received the phone call informing me of Julian’s passing, having lost the battle against COVID-19 the night before?
When I entered the field of chemical and biological warfare in 1986, his name immediately stood out. Julian Perry Robinson, a name immediately associated with the Stockholm International Peace research Institute (SIPRI) and the University of Sussex, near Brighton in the south of England. Our first encounter was in 1989. In hindsight, it was unsurprisingly at a workshop bringing together representatives from civil society, the peace movement, students, and academics. It took place at a central-London Quaker centre. My goal of attending the meeting was to meet with Julian and talk about my master’s dissertation on chemical weapon (CW) armament dynamics. My memory is that when we were both together in the same room, we walked straight towards each other and shook hands. No ice ever had to be broken.
Writing down my personal memories has not come easily. Yet, with passing of days, an irony dawned on me: he who had given so much of his life to preventing chemical and biological warfare left us on the anniversary of the first major CW attack in the First World War. Not to mention that he came into this world on the 23rd anniversary of Armistice Day.
Contrary to nuclear and conventional weapons, interest in chemical and biological weapons (CBW) has always waxed and waned in long waves. Whenever CBW became politically or socially controversial, droves of people would enter the field. When the issue disappeared, so did those persons. Like fruit flies, after dropping a piece of banana in a bin and then emptying that bin. Julian was part of what I always thought of as the first wave that rose in the mid-1960s and coalesced around the just established SIPRI.
There a group of young academics came together who would eventually write the 6-volume The Problem of Chemical and Biological Warfare, published between 1971 and 1975. Besides Julian, there was Joseph Goldblat, Carl-Göran Hedén, Milton Leitenberg, Arthur Westing, and several others. The six volumes did not appear in chronological order, but in the preface to the 5th book (1971), then Director Robert Neild recognised Julian’s centrality to the endeavour:
It is usually wrong to single out one person from a team but in this case there is no doubt that one person has contributed more than anyone else to the study. He is Julian Perry Robinson who has written more of the study than anyone else and has had a great influence on the whole shape and quality of it.
Further in the distance, there were other formidable figures such as Matt Meselson and Martin Kaplan, and so many more. The fabric that held them together for decades was the so-called Pugwash movement (in full the Pugwash Conferences on Science and World Affairs). As Julian recorded in his history of the Pugwash movement and CBW, at its origin in 1966, the Pugwash study group on biological weapons (BW) and the nascent SIPRI’s BW project ‘were actually two facets of the same activity’. That symbiotic relationship continued for many decades. Read the rest of this entry »
I know I’ve been a bit quiet lately. I am working on a new book on the TPNW in its context within international nuclear weapons law. I’ve also been traveling to Jordan a lot the past few years to assist in their development of a strategic trade control transit and transshipment law and implementing regulations.
Obviously a lot going on in the arms control law world. Most important is probably the imminent demise of New START and the Trump administration’s disingenuous demand that any new nuclear arms control treaty include China.
But in the midst of everything else going on, I have been provided with the newly released 2019 IAEA Safeguards Implementation Report by a friend acting in the interest of transparency. SIRs are always fascinating sources of information about the IAEA’s work. This one comes with an annex describing the facilities subject to IAEA safeguards around the world. So enjoy reading these and I’ll get back to work on my book.
Best wishes to all.
Keynote speach at the CONDENsE Conference, Ypres, Belgium, 29 August 2019
(Cross-posted from The Trench)
Good evening ladies and gentlemen, colleagues and friends,
It is a real pleasure to be back in Ieper, Ypres, Ypern or as British Tommies in the trenches used to say over a century ago, Wipers. As the Last Post ceremony at the Menin Gate reminded us yesterday evening, this city suffered heavily during the First World War. Raised to the ground during four years of combat, including three major battles – the first one in the autumn of 1914, which halted the German advance along this stretch of the frontline and marked the beginning of trench warfare; the second one in the spring of 1915, which opened with the release of chlorine as a new weapon of warfare; and the third one starting in the summer of 1917 and lasting almost to the end of the year, which witnessed the first use of mustard agent, aptly named ‘Yperite’ by the French – Ypres was rebuilt and, as you have been able to see to, regain some of its past splendour.
Modern chemical warfare began, as I have just mentioned, in the First World War. It introduced a new type of weapon that was intended to harm humans through interference with their life processes by exposure to highly toxic substances, poisons. Now, poison use was not new.
However, when the chlorine cloud rose from the German trenches near Langemark (north of Ypres) and rolled towards the Allied positions in the late afternoon of 22 April 1915, the selected poisonous substance does not occur naturally. It was the product of chemistry as a scientific enterprise. Considering that the gas had been CONDENsE-d into a liquid held in steel cylinders testified to what was then an advanced engineering process. Volume counted too. When the German Imperial forces released an estimated 150–168 metric tonnes of chlorine from around 6,000 cylinders, the event was a testimonial to industrial prowess. Poison was not a weapon the military at the start of the 20th century were likely to consider. Quite on the contrary, some well-established norms against their use in war existed. However, in the autumn of 1914 the Allies fought the German Imperial armies to a standstill in several major battles along a frontline that stretched from Nieuwpoort on the Belgian coast to Pfetterhausen – today, Pfetterhouse – where the borders of France, Germany and Switzerland then met just west of Basel. To restore movement to the Western front, the German military explored many options and eventually accepted the proposal put forward by the eminent chemist Fritz Haber to break the Allied lines by means of liquefied chlorine. 22 April 1915 was the day when three individual trends converged: science, industrialisation and military art.
This particular confluence was not by design. For sure, scientists and the military had already been partners for several decades in the development of new types of explosives or ballistics research. And the industry and the military were also no strangers to each other, as naval shipbuilding in Great Britain or artillery design and production in Imperial Germany testified. Yet, these trends were evolutionary, not revolutionary. They gradually incorporated new insights and processes, in the process improving military technology. The chemical weapon, in contrast, took the foot soldier in the trenches by complete surprise. It was to have major social implications and consequences for the conduct of military operations, even if it never became the decisive weapon to end the war that its proponents deeply believed it would.
[Cross-posted from The Trench]
Today, in the Palais des Nations in Geneva we presented the report on the Tabletop Exercise (TTX) on the Implementation of Article VII of the Biological and Toxin Weapons Convention (BTWC), which the Fondation pour la recherche stratégique (FRS) and the BTWC Implementation Support Unit (ISU) organised in cooperation with UN Regional Centre for Peace and Disarmament (UNREC) organised in Lomé, Togo on 28–29 May 2019.
Being one of the more obscure provisions in the BTWC, Article VII only attracted state party attention over the past ten years or so. In follow-up to the decision of the 7th Review Conference (2011), parties to the convention looked for the first time more closely at the provision during the August 2014 Meeting of Experts (MX). As it happened, the gathering coincided with the expanding Ebola crisis in West Africa. The epidemic gave urgency to the concrete implementation of Article VII. The daily images of victims and fully protected medical staff broadcast around the world left lasting impressions of how a biological attack from another state or terrorist entity might affect societies anywhere.
Operationalising Article VII has proven more complex than anticipated. The provision comprises several clauses that fit ill together upon closer inspection and hence obscure its originally intended goals. In addition, it contains no instructions about how a state party should trigger it or the global community respond after its invocation.
The 8th Review Conference (2016) ended in failure. The only provision that received significant new language was Article VII, which in the final report now comprises 15 paragraphs that list objectives, challenges and possible ways forward. In the current intersessional period (2018-20) a two-day MX entitled ‘Assistance, Response and Preparedness’ is held every year and will hopefully yield new insights and decision proposals for consideration during the 9th Review Conference in 2021.
The TTX at UNREC in May 2019 was the second one run by the FRS. It brought together experts from the Francophone countries in West Africa: Benin, Burkina Faso, Côte d’Ivoire, Guinea, Mali, Mauritania, Niger, Senegal, and Togo.
Like with the first TTX in November 2016, the exercise in Lomé sought to achieve a better understanding of the elements required to trigger Article VII and the consequences such action may have on the organisation of international assistance. Moreover, the second TTX also aimed to achieve a deeper appreciation of the unique contribution of the BTWC in addition to the expected assistance efforts by international organisations, relief associations and individual countries.
The TTX put into sharper relief certain questions BTWC states parties will have to address even before the first item of assistance is shipped to the disaster area. Discussions in Lomé especially highlighted the relationship between normal assistance in case of a health emergency and the types of assistance that might specifically be delivered under the BTWC.
Jean Pascal Zanders, Ralf Trapp and Elisande Nexon, Report of the Tabletop Exercise (TTX) on the Implementation of Article VII of the Biological and Toxin Weapons Convention (BTWC) (Fondation pour la Recherche Stratégique, Paris, August 2019)
Jean Pascal Zanders, Elisande Nexon and Ralf Trapp, Report of the Tabletop Exercise (TTX) on the Implementation of Article VII of the Biological and Toxin Weapons Convention (BTWC) (Fondation pour la Recherche Stratégique: Paris, July 2017)
Jean Pascal Zanders, The Meaning of ‘Emergency Assistance’: Origins and negotiation of Article VII of the Biological and Toxin Weapons Convention (The Trench and the Fondation pour la recherche stratégique: Ferney-Voltaire and Paris, August 2018)
Blog 1 – Experiences of a student at the Meetings of Experts of the Biological and Toxin Weapons ConventionPosted: August 4, 2019
By Chiara Barbeschi
I am Chiara Barbeschi and study Security Studies (BSc) at Leiden University in the Netherlands. Interning at The Trench and representing the non-governmental organisation (NGO) as a Research Associate at the five Meetings of Experts (MXs) of the Biological and Toxin Weapons Convention (BTWC) is an incredible opportunity that Jean Pascal Zanders granted me. Blogging about it is a chance of sharing my perspective, impressions and account of the conference.
I know that there are also the daily factual reports Richard Guthrie writes and distributes in the meeting room. My posts convey the thoughts of a student experiencing the BTWC meetings for the first time.
MX1 (29 – 30 July 2019) was on Cooperation and Assistance, with a Particular Focus on Strengthening Cooperation and Assistance under Article X. Ambassador Victor Dolidze of Georgia chaired it.
On the first day, I arrived into an empty conference room, Room XX that would host the Meeting of Experts. Slowly as the delegates headed towards their assigned seats, the chair opened the session of MX1 with introductory remarks and administrative information. The fast pace of the MX1 was set and in one and a half days the report was agreed upon and the MX1 closed. In my opinion and from my observations, this pace can be explained by two opposing arguments. On the one hand, for some agenda items, few countries had prepared national working papers or did not make national statements. Thus less time was spent on these agenda items. On the other hand, as no significant disagreements appeared, MX1 took on a fast pace on issues for which many states had an interest.
My impressions on both days of the MX1 were that the interactive discussions were somehow limited. However, what struck me most were the knowledge-driven technical presentation and the various innovations given in the national reports. Some initiatives that I recorded as good innovations were