Tear gas from the trenches into city streets

Book Review

Anna Feigenbaum, Tear Gas (Verso: London, 2017), 224p.

Anna Feigenbaum is an academic at the Centre for the Study of Journalism, Culture and Community, Bournemouth University. Her interest lies in data storytelling, an approach that benefits from increasing access to data to build a more complex narrative in support of social change. That narrative is furthermore interwoven with practitioners’ experience and empirical research. Her just published book Tear Gas: From the Battlefields of WW1 to the Streets of Today uses this approach to explain how a chemical warfare agent first used over a century ago has become a common weapon in the arsenals of police forces worldwide.

This is the first time that I have been (consciously) exposed to this research and writing technique. The book makes for good and engaging reading: once picked up, it is difficult to put it aside. It is not a neutral piece of academic research (if such a thing exists): it is a campaign book that details the deception behind the so-called ‘non-lethal’ concept and decries the misuse of a poisonous agent in the name of law and order.

A weapon of war and domestic riot control

Ever since the end of World War 1 policy makers and shapers have expressed their incomprehension about why their military could not use a toxic agent on the battlefield that the police can deploy against riotous crowds. Much rarer is the reverse question why politicians would ever consider equipping national police forces with a weapon of war for use against their electorate. In fact, it is so rare that I cannot recall ever having come across it.

What cannot be denied is that riot control agents have been banned as an instrument of war since the 1925 Geneva Protocol. It is true that before the entry into force of the Chemical Weapons Convention (CWC) now 20 years ago this interpretation of the Geneva Protocol was contested by some, the United States in particular. But then the USA only signed up to the agreement in 1975 after it had come in for severe criticism for its widespread use of anti-plant agents (to deny communist forces jungle cover) and CS lachrymatory agent. This irritant saw widespread application in tunnel combat as well as a tool to separate civilians from North-Vietnamese irregulars who had infiltrated into towns and villages. Even today many Americans will argue with conviction that they did not wage chemical warfare in Indochina because the toxic substances were not lethal like sarin and mustard agent. Their position is not opportunistic: US military and politicians, and hence diplomats, already advanced this viewpoint after World War 1, during the Geneva Protocol negotiations and in the following years and decades. However, the debate if not introduced, then most certainly reinforced the idea that certain types of chemical weaponry can be classified as non-lethal.

The Chemical Weapons Convention

The CWC ended that debate. As part of the General Obligations, Article I, 5 states that:

Each State Party undertakes not to use riot control agents as a method of warfare.

Article II, 7 defines a riot control agent as follows:

Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure. [Emphasis added]

However, Paragraph 9 of the same Article excludes ‘Law enforcement including domestic riot control purposes’ [emphasis added] from the definition of a chemical weapon, which means that national police forces may deploy lachrymatory agents (other types of irritant agents also fall under this exclusion).

In the first few years of its operation, states parties were unsure how restricting the term ‘domestic’ in the exclusion was. The late 1990s were a period of considerable optimism that through the deployment of international peacekeeping and, if necessary, peace-enforcement forces intra-state conflicts could be prevented from escalating beyond any type of diplomatic negotiation or spreading to neighbouring countries. As I described in the CBW chapter in the 1998 edition of the SIPRI Yearbook, a mere four months after the CWC’s entry into force questions about the meaning of ‘domestic’ and the authority to release riot control agents already arose:

On 28 August 1997 heavily armed troops of the North Atlantic Treaty Organization (NATO)-led Stabilization Force (SFOR) had to evacuate more than 40 officers of the International Police Task Force from the Bosnian Serb town of Brcko after clashes erupted between peacekeeping forces and civilians. In what was described as one of NATO’s worst confrontations in Bosnia and Herzegovina since the 1995 Dayton Agreement, US helicopters dropped tear-gas and soldiers fired warning shots to disperse the crowd. Another US unit used tear-gas in a second incident on 1 September after being attacked by about 250 people armed with sticks and stones near Bijeljina, a village close to Brcko.

The reservation with regard to riot control agents attached to the US ratification of the CWC on 24 April 1997 further complicated the matter. In the wake of the Viêt-Nam war President Gerald Ford had signed Executive Order 11850, which outlined US policy regarding the use of riot control agents. The US Senate ratified the CWC on the understanding that the convention does not restrict the use of riot control agents, including use against combatants, in the following cases:

(a) the conduct of peacetime military operations within an area of continuing armed conflict when the United States is not a party to the conflict (e.g., Bosnia, Rwanda and Somalia);

(b) consensual peacekeeping operations when the use of force is authorized by the receiving state, including operations pursuant to Chapter VI of the UN Charter; and

(c) peacekeeping operations in which force is authorized by the Security Council under Chapter VII of the UN Charter.

The US Senate accepted the definition of a riot-control agent in Article II of the CWC but stated explicitly that the ‘President shall take no measure, and prescribe no rule or regulation, which would alter or eliminate Executive Order 11850’. (US Senate, Congressional Record, 24 April 1997, p. S3657).

Fortunately, the United States has never exercised this reservation and through practice—no further incidents since the one in the Former Yugoslavia seem to have occurred—it has subscribed to the international consensus concerning riot control agents in armed conflict. In subsequent months and years states participating in UN-authorised missions have even declined to export lachrymatory agent to partner countries in peacekeeping operations in view of the CWC. In other words, the global consensus on the prohibition on the use of riot control agents in armed conflict is of rather recent origin.

Domestic legitimacy of tear gas.

Anna Feigenbaum does not discuss such international evolution of the interdiction or the role of tear gas in armed conflicts and peacekeeping operations. Her book focusses on the domestic dimensions of the weapon’s use. She crafts a historical narrative that easily segues from institutional and economic interests to major incidents of lachrymatory use in crowd control operations. The rise of institutional and economic interests in the manufacture of tear gas is tightly interwoven with the development of the non-lethal narrative as a powerful sales argument. The author deconstructs this sales pitch with science-based arguments: lethality is a function of circumstances. Concentration of the agent plays a big role: tear gas released in a closed room may easily kill its occupants if they cannot quickly make their escape. Infants and the infirm in particular are vulnerable to lachrymators. Even in open spaces the density of the particle cloud—tear gas is not really a gas—and the duration to which a person is exposed to it determine whether he or she will suffer nothing more than short irritation to the exposed parts, longer-lasting harm, permanent damage, or even death.

Feigenbaum’s descriptions of riot control agent use illustrate graphically why exposure to the poison is not so harmless. Below is an extract from her book (pp. 80–81) describing the police intervention during the Democratic National Convention, which took place in Chicago between 26 and 29 August 1968. The United States was witnessing severe civil unrest fuelled by the protests against the war in Viêt-Nam and racial and social inequality. During the preceding months Martin Luther King, Jr and presidential candidate Robert F. Kennedy had been assassinated. The protesters were met with severe violence, in a number of cases leading to fatalities.

On Monday night, protesters in Lincoln Park were prepared to resist eviction come curfew time. They assembled a makeshift barricade out of garbage cans and park benches. Hundreds of officers were on hand and equipped to stop the demonstration with force if necessary, periodically giving loudspeaker announcements for the remaining protesters to leave. An estimated thousand protesters remained. Some prepared for tear gas by smearing Vaseline on their faces and covering their mouths with wet clothes. Others held rocks and small projectiles to throw back at police lines. Trash fires burned along the barricade and occasionally a rock was hurled against a police-car window.

The protesters’ chants were angry, mocking the police, floating in the summer air along with the sound of trashcan drums and Allen Ginsberg’s group chanting ‘om’. A police car entered the park from the back and protesters pelted it with stones. With tensions rising, at 12:30 the police issued their final warning to evacuate the park. Then tear gas flew across the barricade:

Tear-gas canisters were plummeting everywhere behind the barricade, through the trees. A huge cloud of gas rolled over the barricade, and cops with gas masks came over the barricade in an assault wave, with shotguns and rifles and using the butts as clubs on anyone in sight.

Protesters, passersby, and even residents out on their porches were beaten. The chasing, swinging, and clubbing was indiscriminate. Journalists, denied any special treatment, were battered and taunted, at times even targeted. The tear gas kept coming:

Gas! Gas! Gas! Was the cry, as if poisonous snakes had been loosed in the area … Thousands streamed across the park toward Clark Street, and panic started, headlong running, the sudden threat of being trampled by your own people … The tear gas was catching up with us, a sharp menthol sort of burning on the cheeks and burning in the eyes, but though some people ran from it, most of us kept on just walking … Now the tear gas began really burning, making the eyes twist tightly closed, and if you rubbed it the burning got worse, as if your eyeballs were being rolled in fire.

Tear gas seeped into homes, cars, and restaurants. It covered whole city blocks, taking over the air. The following night, tear gas was once again used to clear demonstrators from the park at curfew. Historian Frank Kusch writes that a sanitation truck joined the police lines. “The bed of the truck held a tear gas dispenser and a large nozzle for dispensing the gas— all requisitioned from the army. Two police officers manned the nozzle.” Additional gas was fired into the remaining crowd as officers in gas masks forced protesters onto neighboring streets. Some fought back, throwing rocks and bottles.

What emerges from this passage is that tear gas was not deployed to break up a protest but as an indiscriminate means to incapacitate crowds—irrespective of whether the individuals were rioters, accidental bystanders or professionals doing their work—so that the ability to resist other physical means of violence became as good as non-existent. Its use was indiscriminate, affecting even those who happened to live in the vicinity of the incidents.

This violates the basic principles of non-discrimination and proportionality applicable in armed conflict as well as law enforcement. Feigenbaum thus calls tear gas and ‘environmental weapon, a method of policing not only people but the atmosphere itself’. She adds that ‘this upgraded, offensive approach to tear-gas deployment has since become standard in riot-control policing’. (p. 84)

Riot control agents and the CWC

Of course, this particular incident in August 1968 took place long before the entry into force of the CWC. However, any person with the slightest interest in world affairs would over the past few years have seen footage and pictures of riot control agents being used against, for instance, regime opponents in Bahrain (2012), protestors in Turkey (2013), pro-democracy protestors in Hong Kong (2014), migrants entering Europe, or during the evacuation of the so-called ‘jungle’ just outside the French town of Calais (2016). How does this square with the aforementioned CWC’s delimitation of a riot control agent as an unscheduled chemical that can produce rapid sensory irritation or disabling physical effects, which disappear within a short time following termination of exposure?

This is an area of contention, which in its first twenty years states parties to the convention have not yet really taken up. The CWC lays down certain limitations on what a state can legitimately use as a riot control agent. Letting myself be inspired by the second edition of The Chemical Weapons Convention: A Commentary (Edited by Walter Krutzsch, Eric Myjer and Ralf Trapp and published by Oxford University Press, 2014, pp. 96–97), such restrictions would include:

♦ An agent cannot be listed in any one of the three schedules annexed to the CWC;

♦ The right to use riot control agents exists only under circumstances that allow people to leave the place of exposure early enough before those effects become irreversible and or more severe than sensorily irritating or physically disabling. As Krutzsch, et al. argue:

This cannot happen if persons are exposed who are unable to leave the place of exposure in the period of time before the ‘chemical action on life processes’ of the chemicals becomes irreversible or more severe than sensorily irritating or physically disabling. The reasons for this may be physical infirmity, age, or the situation at the incident location (e.g., obstacles, RCA use in confined spaces or inside buildings). If the time span of exposure was so long that the sensory irritation and disabling effects no longer disappear spontaneously (or other toxic effects manifest themselves), the chemicals used changed legally from ‘RCA consistent with paragraph 9(d)’ to ‘chemical weapons prohibited under Article I’. [Emphasis added]

♦ The application of riot control agents to ‘punish’ people for their behaviour or in situations when they are unable to escape the harmful properties of the riot control agent would be unlawful.

♦ Under CWC Article II, 1(b) delivery systems (munitions and other devices) that are specifically designed to cause death or other harm through the toxic properties of toxic chemicals fall under the definition of a chemical weapon. Thus Krutzsch, et al. posit that since the toxic effects of any chemical are dose dependent, the delineation of these properties (rapid onset, symptoms limited to sensory irritation or physical disablement, reversibility of the toxic effect) has ramifications for the delivery systems that can be justified. In order to be acceptable as dissemination devices for law enforcement including domestic riot control purposes (and on the condition that the riot control agent itself meets the requirements of Article II, 7), these devices must be designed specifically in such a way that the amounts of riot control agents disseminated by them and the area covered are consistent with (proportional to) the requirements of law enforcement including domestic riot control. Consequently, certain types of large area dissemination systems (such as, e.g. multiple rocket launchers or aerial cluster bombs for riot control agent delivery) would qualify as chemical weapons rather than as means of law enforcement. This reflects the principle that the force used to restore domestic law and order has to be proportional to the degree of disturbance, which limits the permission to use force with riot control agents to the adequate degree in each case; and

♦ A toxic agent intended for purposes not prohibited under the CWC is exempted from the definition of a chemical weapon as long as the types and quantities are consistent with such purposes (Article II, 1(a)).

Finally, under Article III, 1(e) states parties must declare the riot control agent holdings. In particular it must notify the Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons (OPCW) of the chemical name, structural formula and Chemical Abstracts Service (CAS) registry number, if assigned, of each chemical it holds for riot control purposes. In addition it must update this declaration not later than 30 days after any change becomes effective.

In other words, international law exists that restricts the unbridled use of riot control agents even in domestic situations. Given that states parties must transpose the CWC obligations into domestic law, these restrictions should apply in any one of them. Or, as Anna Feigenbaum might phrase it, policing of the atmosphere is in breach of international and domestic law. Unfortunately, the issue is not high on the political agenda of the states parties even though the OPCW’s Scientific Advisory Board drew up a list of riot control agents for inclusion in the OPCW Chemical Agent Database (OCAD) in 2001 and considered the issue from the angle of the declaration obligation under Article III in March 2017.

When a book says more than what is printed …

As already noted, the author did not aim to present a comprehensive tear gas biography. Having studied the history of chemical warfare for more than three decades now, one thing I appreciate very much is how she offers a wealth of additional background information and texture to the continuation of chemical warfare programmes after World War 1.

It is generally well-known that after the Armistice efforts to constrain chemical warfare were hampered by the attempts by some victorious parties to secure the production secrets of the German chemical industry, which before the outbreak of hostilities had a virtual global monopoly in (synthetic) organic chemistry, including the commercially rewarding dye stuffs. The specialised military units created during the war for the chemical warfare, smoke and flame operations aligned themselves with those interests out of self-preservation. While they failed in expanding their responsibilities by having chemical weapons occupy a more central role in military doctrine, they were sufficiently successful to survive in a hostile public environment and to benefit from any surge in defence budgets.

In her book, Feigenbaum details how those chemical warfare institutions—most notably the US Chemical Warfare Service—actively promoted the research and production of irritants in pursuit of those goals. The core tools in this strategy were the creation and nurturing of social networks, the organisation of technology transfers between the military and commercial industry and the development of communication strategies (e.g. the non-lethal argument) towards policy makers and the public. Veterans from those special units remained in contact with each other through fraternities and their employment in the chemical industry after demobilisation facilitated this military-industry exchange. One poignant sales pitch the military offered industrialists was the ‘humane’ breakup of industrial strikes. Tear gas offered an alternative to the police shooting strikers, so the argument went. The strategy was not a slam dunk, witness several congressional hearings. However, over the years evolving business models for risk and security increasingly influenced the public safety discourse.

This knowledge about the deliberate pursuit of joint military-industrial interests and the resulting public debates furthermore contributes to the understanding why in the 1920s and 1930s resolving the conundrum of riot control agents took up such a central space in the framing of international norms against chemical warfare. Diplomats had already come to appreciate the dual-use potential of many commercial toxic chemicals. Preserving the legality of riot control agents in domestic law enforcement, while banning their use on the battlefields added an extra layer of complexity. Is it therefore not ironic that tear gas became a key factor in the formulation of the so-called ‘general purpose criterion’? The British draft disarmament treaty of 1933 contained its first iteration and today it is the cornerstone of the CWC. Indeed, law enforcement and domestic riot control is a purpose not prohibited under the convention.

Another interesting angle developed in the book is how the UK adopted tear gas, first allowing it in the colonies, then in Northern Ireland, before authorising its use on the main island. It extends a longstanding historical pattern whereby use of poison weapons was prohibited against one’s own creed or other civilised peoples but entirely appropriate against indigenous people or in the colonies. Again Feigenbaum describes how interested parties, through their appointment in specialised review committees set the standards for security and safety, could influence the public discourse and create a demand for new agents and dissemination systems.

In conclusion

Last year I reviewed Michael Crowley’s book Chemical Control: Regulation of Incapacitating Chemical Agent Weapons, Riot Control Agents and their Means of Delivery. I described it as a researcher’s data paradise offering highly technical and detailed information on the nature of riot control and incapacitating agents and their delivery systems, the research and development behind them, where they are being manufactured and how they are traded. However, this book is not for the novice.

Anna Feigenbaum’s Tear Gas is the perfect introduction to the subject matter. It is well written and engaging. It does not lose the reader in technical details but builds a cogent narrative as to why riot control agents are problematic in current police operations. The book is not objective, nor is it comprehensive. It seeks to mobilise public consciousness about a matter that is almost daily fare on international news channels. She hereby draws on several years of preparatory research and her efforts to map the global use of tear gas. In 2014 I already drew attention to her work. The last chapter in Tear Gas introduces the reader to her project and updates its status.

She focusses mainly on the United States and the United Kingdom, an outcome she attributes to her language limitations. In a certain sense, such country selection is also logical as the number of societies that release policy and technical documents for public consumption are rather limited. The data storytelling methodology may therefore reinforce this already pre-existing bias. Similarly, a question lingers as to how the methodology ascertains the comprehensiveness of collected information or is able to identify relevant gaps. I realise that my questions spring forth from a desire for comprehensiveness rather than from an explicit pursuit of social change. Notwithstanding, Feigenbaum has used the methodology to great effectiveness and in many ways has satisfied my eternal yearning for new insights and facts.

Note: Anna Feigenbaum and I have occasionally corresponded with each other on the topic of riot control agents and chemical warfare in World War 1. She has quoted several contributors (including myself) to the book Innocence Slaughtered, which I edited. Otherwise I have no connection with her research project or publication.

 

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Triggering Article VII of the BTWC

More complex than imagined

Last November, during the 8th Review Conference of the Biological and Toxin Weapons Convention (BTWC), the Fondation pour la Recherche Stratégique (FRS) in cooperation with the United Nations Institute for Disarmament Research (UNIDIR) organised a tabletop exercise on the implementation of the BTWC’s Article VII, which provides for emergency assistance in case a State Party Party has been exposed to danger as a result of a treaty violation.

The Trench has already provided an account of the two-day workshop.

Today, the FRS has published the final report, edited by Jean Pascal Zanders, Elisande Nexon and Ralf Trapp, with recommendations for consideration by the States Parties.

The tabletop exercise aimed to understand better the elements that would have to be in place to trigger Article VII and the consequences such action may have on the organisation of international assistance. Moreover, the tabletop exercise 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. It 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. Failing to do so, the tabletop exercise suggested that States, depending on their individual assessment of the risks following the outbreak and the cause of the epidemic, may decide on totally different courses of action, an outcome that might severely hamper the international coordination of efforts to stem the outbreak and assist victims.

The report offers 12 conclusions and recommendations for future consideration.

The Ministry for Europe and Foreign Affairs of France and the Foreign and Commonwealth Office of the United Kingdom financially supported the project.

[Cross-posted from The Trench]


Building A WMD-Free Zone on Existing Treaties and Conventions Syrian CWC-Adherence and Reactions, Especially in Israel

[Cross-posted from The Trench.]

Speaking notes for the side event to the 2017 Preparatory Committee of the Nuclear Non-Proliferation Treaty (NPT), organised by the Geneva Centre for Security Policy (GCSP) and Academic Peace Orchestra Middle East (APOME), Vienna, 8 May 2017.

It builds on and updates an earlier posting of 13 March 2015.

Operation of the CWC in the Middle East

  • As of 1 May 2017, the Chemical Weapons Convention (CWC) comprises 192 states parties. The CWC entered into force 20 years ago, on 29 April 1997. It has the largest number of parties of any weapon control treaty.
  • Four states, including two from the Middle East, are still outside the convention: Egypt, Israel, North Korea and South Sudan. (Israel did sign but not ratify the convention.)
  • Given the armed conflicts in different parts of the Middle East, the Organisation for the Prohibition of Chemical Weapons (OPCW) has intervened in Syria and Libya to secure declared chemical weapons (CW) and have them destroyed in other parties to the CWC so as to prevent their use by any one of the belligerents in either country. The Libyan operation took place in August 2016. It drew on the precedent set by and experience gained from the evacuation of chemicals from Syria.

Situation in Syria

  • Syria acceded to the CWC on 14 September 2013 and formally became a state party on 14 October. This was the outcome of a framework agreement on the elimination of Syria’s chemical warfare capacities between Russia and the United States reached in Geneva on 14 September.
  • Since Syria’s accession to the CWC the OPCW has:
    • verified the destruction of 24 of the 27 CW production and storage facilities. Lack of safe access has prevented inspectors from destroying one final aircraft hangar and confirming the condition of two stationary above-ground facilities.
    • overseen the evacuation and complete destruction of all declared chemical chemicals (precursors to nerve agents and mustard agent) for a total of about 1,300 metric tonnes. It also verified the destruction of declared delivery systems.
  • However, there remain several outstanding issues, including the OPCW’s inability to confirm the destruction of 200 metric tonnes of mustard agent in March 2013 (i.e. about 6 months before Syria’s accession to the CWC), the discovery of nerve agent traces in locations not declared by the Syrian government, and the later discovery of an undeclared ricin production facility.
  • Furthermore, since Syria’s accession there have been multiple incidents involving the use of toxic chemicals as weapons, mostly chlorine. On 4 April an attack with the nerve agent sarin took place against the city of Khan Sheikhoun, the first such use since the sarin strike against Ghouta in August 2013. At the time of writing it is unclear whether the sarin was prepared from undeclared volumes of precursor chemicals or whether Syrian scientists and engineers produced a batch from scratch.
  • The Islamic State in Iraq and the Levant (ISIL) has been responsible for some isolated attacks with chlorine and mustard agent in Syria and Iraq. This has created new challenges for the OPCW in terms of investigating and responding to the alleged events. Indeed, these incidents mostly involved the use by a non-state actor against another non-state actor on the territory of a state party to the CWC that is not under the control of that state party.
  • The Fact-Finding Mission (FFM) of the OPCW has confirmed repeated CW use in Syria. The UN Security Council established the OPCW-UN Joint Investigative Mission (JIM) to attribute responsibility for the chemical attacks. JIM has thus far held the Syrian government responsible for three attacks and ISIL for one. Its investigation is ongoing.

Responses from within the Middle East

  • Iran is a strong backer of the Syrian leader Bashar al-Assad. Having been a victim of chemical warfare during the 1980–88 Iran-Iran war, it strongly condemns chemical warfare. However, it denies the Syrian government’s responsibility for the CW attacks since August 2013 and instead blames insurgent factions. It follows the arguments laid out by Russia (and to a lesser extent by China) and plays an active role in the decision-making processes relating to the technical assessments prepared by the FFM in the Executive Council of the OPCW.
  • Some government officials, politicians or commentators both inside and outside the Middle East have made rather wild allegations (without any factual substantiation of these political statements) that other external parties to the civil war supply belligerents with the materials for chemical warfare. Iran has been named as a supplier of the Syrian government; uncontrolled stockpiles in Libya might be transferred to various belligerents in Syria.
  • Attribution of responsibility for the CW attacks has been accompanied by claims that neighbouring states are responsible for supplying or facilitating the transfer of chemicals and equipment to belligerent factions they support. Since with the exception of Israel all neighbouring states are parties to the CWC, the claims are tantamount to an accusation against such states of a material breach of the convention.
  • The current Israeli government has long maintained that Syria has never given up its entire CW capacity since joining the CWC. The difficulties for the OPCW to close the Syrian disarmament dossier tend to reinforce Israel’s deep-rooted pessimism about the ability of international weapon control treaties to guarantee its national security. Israeli attitudes towards Iran, which include conviction of Tehran’s non-compliance with the CWC, appear to be bolstered by Iran’s on-the-ground military support for Syria and Hezbollah in both Lebanon and Syria and its interventions in the OPCW Executive Council.

Concluding thoughts

  • Over the past two decades the CWC has contributed much to the removal of the spectre of chemical warfare, particularly in the Middle East. Addressing specific challenges in Syria and Libya, the states parties to the convention have demonstrated adaptability, flexibility and willingness to support financially or materially the extraordinary disarmament efforts in the field. As a result, the treaty regime has evolved considerably with respect to meeting challenges unforeseen by the CWC negotiators.
  • However, the unrelenting use of toxic chemicals as a weapon of warfare in Syria fundamentally challenges the CWC’s most basic premise to never under any circumstance use CW. Furthermore, backing of belligerents by outside parties (all of whom have joined the CWC) is increasingly tending towards a violation of the prohibition to never under any circumstances to induce, in any way, anyone to engage in any prohibited activity (Article I ‘General Obligations’).
  • Syria’s inability or unwillingness to resolve all outstanding issues with regard to its CW programmes also challenges the integrity of the CWC and the OPCW’s operational procedures. Factual findings are becoming more and more politicised (often driven by ulterior geopolitical motivations), making consensus-based decision-making increasingly difficult.
  • Since the 2nd World War all major occurrences of chemical warfare (with the exception of US use of herbicides and riot control agents in Indochina in the 1960s and early 1970s) have taken and are taking place in the Middle East. All these instances of CW use in the Middle East involved Arab regimes and have targeted fellow Arabs, Muslims or their own population. None were ever launched against Israel.
  • Compared with the question of regional nuclear disarmament, which directly involves Israel, Arab countries have despite the history of chemical warfare in the region remained remarkable indifferent to the many uses of chemical weapons. For instance, not a single member of the Arab League contributed financially or materially to the disarmament operations in Syria or Libya.

CWC 20th anniversary: Speeches and impressions

Commemoration of the 20th Anniversary of the Entry into Force of the Chemical Weapons Convention (The Hague, 26 April 2017)

Invitation to the Commemoration

The Programme

Collection of speeches

  • Welcome address by Ambassador Ahmet Üzümcü, Director-General of the OPCW
  • Video message by Mr António Guterres, Secretary-General of the United Nations
  • Address by Mr Bert Koenders, Minister of Foreign Affairs, The Netherlands
  • Address by Crown Princess Victoria of Sweden
  • Address by Mrs Pauline Krikke, Mayor of The Hague
  • Address by Ambassador Dr Christoph Israng, Chairperson of the Conference of the States Parties

Some photographic impressions

The guests gather in the Ridderzaal (Hall of Knights)

OPCW Director-General Ambassador Ahmet Üzümcü welcomes delegates and guests

Video message by UN Secretary-General António Guterres

Netherlands Foreign Minister Bert Koenders

Mrs Pauline Krikke, Mayor of The Hague

Unveiling of the Commemorative Plaque by King Willem-Alexander of The Netherlands and OPCW Director-General Üzümcü

Ambassador Christoph Israng, Chairperson of the Conference of the States Parties


Pay up in the name of BW disarmament (2) – Civil society gets involved

[Cross-posted from The Trench]

On 2 April I described how non-payments by states parties were defunding the implementation of the Biological and Toxin Weapons Convention (BTWC) and risking to shut down the 3-person Implementation Support Unit (ISU) and the convening of meetings. A couple of weeks earlier the Ambassadors of the three Depository States – the Russian Federation, United Kingdom and United States – had written an urgent letter to the BTWC States Parties to immediately comply with their financial obligations.

Since then, the situation has ameliorated somewhat. The contracts of the ISU staff have now been extended until the end of the year. But the crisis is far from over. When I wrote my blog posting, the deficit for the BTWC stood at US$ 379,557. According to the latest update on the financial situation (31 March) this figure has been reduced to US$ 188,631.

One county stands out in this dossier: Brazil. As reported in the earlier blog post, it owed the BTWC US$ 298,459 or 78.6% of the total deficit of the BTWC. With the exception of 2011 it has defaulted on its financial obligations or paid its dues only partially since 2001. That figure has not changed, which means that its debt now exceeds the current budgetary shortfall. It exceeds the combined outstanding debt of all other states parties.

The combined outstanding debt for four weapon control agreements administered by the UN Office for Disarmament Affairs in Geneva –  the BTWC, Convention on Cluster Munitions (CCM), Convention on Certain Conventional Weapons (CCW), and Anti Personnel Landmine Convention (OTW) – amounts to a staggering US$ 929,112. Brazil’s share is US$ 652,657 or 70%.

Civil society rears it head

Civil society is now taking up the issue. Mary Wareham, advocacy director of the Arms Division of Human Rights Watch, has engaged Brazilian officials directly. In a Twitter exchange she elicited from Mr Benoni Belli, Policy Planner at Brazil’s Foreign Ministry, that ‘other payments will be made this year‘. Promising indeed, but promises unfortunately do not alleviate the financial problems.

The civil society platform Friends of the Biological Weapons Convention, coordinated by Kathryn Millett, has now also taken up the issue. Yesterday it posted an appeal to its Facebook page and announced the launch of an action campaign to prompt Brazil and other states to pay their assessed contributions:

On 31 March, the UN Financial Resources Management Service released a summary of the status of financial contributions to four disarmament conventions – the BWC, the Convention on Cluster Munitions, Convention on Certain Conventional Weapons and the Mine Ban Treaty.

The summary (which updated an earlier summary dated 28 Feb) demonstrated that 3 of the 4 treaties were owed almost $1 million USD by states parties in unpaid assessed financial contributions. The BWC alone is owed almost $190K by its member states.

The significance of these debts cannot be overstated. New UN financial rules mean that meetings cannot take place nor can staff contracts be renewed unless the money is already in the bank. To that end, an extraordinary letter from the BWC co-depositories (Russian Fed, USA & UK) dated 21 March was sent to all states parties urging them to pay up or risk the possibility of a) not being able to renew ISU contracts past April 2017, and b) cancellation/curtailment of the 2017 Meeting of States Parties (MSP) scheduled for December.

While the BWC is hosted by the UN Office for Disarmament Affairs, it is NOT an UN treaty and therefore cannot take advantage of central UN funds or reserves, nor is there a working capital fund like at the OPCW, which can be used to cover temporary financial shortcomings. In short, the BWC is fully dependent on states parties paying their dues in a timely fashion. If states do not, meetings will not happen and staff cannot work to administer the treaty.

That BWC ISU staff contracts have now been renewed until the end of the year is a very welcome development, but does not mean the BWC is out of the woods yet: the BWC does not have sufficient funds to cover the costs of the MSP in December.

Following the failure of the BWC Eighth Review Conference to achieve any meaningful progress in strengthening the convention, a successful MSP in December is more critical than ever to the continued health and relevancy of the treaty. This unsatisfactory situation is further compounded by the rise in use of non-conventional weapons by both states and non-state actors as evidenced by the situation in Syria. The norm of the Chemical Weapons Convention (the BWC’s sister convention) is under threat by the continued instances of the use of sarin and chlorine as weapons of war. The use of banned conventional weapons in warfare such as cluster munitions and landmines is also on the increase. Disarmament treaties are under threat and states parties must act to positively reinforce the norms against the use of banned weapons.

So – what can be done?

Civil society across disarmament domains will be writing letters to states that are the most significantly in arrears (such as Brazil). Please do consider signing these letters (we will post the letter here from the BWC community) and also check directly with your country’s Ministry of Foreign Affairs on the status of their payments. If they haven’t paid their contributions, call/ email them demanding that they do so. Contact your country’s mission in Geneva and ask them what they are doing to remedy their debts. Make a noise on twitter.

If you would like more information on this situation as it progresses, please send a private message and we will get back to you. You can also read more on the issue here:

– JP Zanders, Pay up in the name of BW disarmament: http://www.the-trench.org/pay-up-in-the-name-of-bw-disarma…/

– G Koblenz & P Walker, ‘Can Bill Gates rescue the bioweapons convention?’, http://thebulletin.org/can-bill-gates-rescue-bioweapons-con…

Thank you all for your kind attention and for any action you can also undertake to remedy this situation. The latest UN financial summary can be found here: http://bit.ly/2pLJ1DA
http://bit.ly/2pLJ1DA.

It was a remarkable act. On 21 March the Permanent Representatives to the UN Conference of Disarmament of the three co-depositories of the Biological and Toxin Weapons Convention (BTWC)—the Russian…
the-trench.org

Time to act is now

Today, 22 April 2017, is the 102nd anniversary of the first modern chemical weapons attack. Chlorine is still a weapon of choice in the wars in Syria and Iraq. In both countries we have seen escalation to mustard and nerve agents. The Chemical Weapons Convention, which is as strong as a weapon control treaty gets today, is facing huge challenges to restore the basic principle of non-use under any and all circumstances. Not technical challenges, but as a consequence of the pursuit of geopolitical priorities by some key players…

While great civil society optimism is currently pushing many UN members to negotiating a ban on nuclear weapons, existing weapon control treaties are facing daily challenges. Some states are eroding value of these treaties as armed conflicts appear interminable; in other cases they simply fail to pay their dues, which undermines the tools to uphold the international norms embedded in those agreements. We simply cannot afford a breakdown in those regulatory regimes!

To this end, any stakeholder (professional or scientific association, academia), civil society organisation, or individual who wishes to preserve the four afore-mentiond international instruments to prevent of mitigate the consequences of armed conflict –  the BTWC, CCM, CCW, and OTW – should contact Mary Wareham or Kathryn Millett to see how they can participate in letter campaigns or other initiatives under development.


Hate mail for standing up for CW disarmament – A first?

The news just broke that the Trump administration launched cruise missiles against al Shayrat airfield in Syria in response to the chemical weapons attack in Khan Sheikhoun, Idlib Province on 4 April.

I then got the following message:

As usual with such religion-infused hate messages, the basic facts are all wrong and ignorance reigns supreme.

It is really sad that with so much intolerance concerning social relations, ethnicity and personal identity, the efforts at disarmament – a core tool in creating international stability, preventing the outbreak of war, or should that fail, escalation of the conflict – now too become the object of highly individualised hatred.

But Kathryn, to reply to your question: Yes, I am proud to stand up for disarmament and peaceful conflict resolution, and will always do so in spite of your hateful intercessional prayers for a person unknown to you.

In the meantime, please reflect on the fact that your president has never allowed or gave those (beautiful) innocent children a chance to seek refuge in the United States from the war calamaties in Syria.

Otherwise, I hope you have a nice and peaceful day in California.


CW attack in Khan Sheikhoun: Documents from the UNSC debate on responsibility

[Cross-posted from The Trench]

{Update 4 – 12 April 2017}

This posting brings together the most important documents circulating at this stage.

First, the minutes with the statements by UN Security Council (UNSC) members and debate on 28 February, during which a resolution to sanction certain Syrian individuals deemed responsible for the earlier CW attacks was vetoed, can be downloaded here.

On 5 April, the UNSC held an emergency debate after the chemical weapon attack against Khan Sheikhoun, Idlib Province, Syria that killed scores of civilians – the death toll is now approaching 100 – and hundreds of other casualties.

In a statement also issued on 5 April, the WHO gave credence to the hypothesis that the agent or one of the agents used might have been sarin:

The likelihood of exposure to a chemical attack is amplified by an apparent lack of external injuries reported in cases showing a rapid onset of similar symptoms, including acute respiratory distress as the main cause of death. Some cases appear to show additional signs consistent with exposure to organophosphorus chemicals, a category of chemicals that includes nerve agents.

The full document is available from the WHO website.

The UNSC emergency session began with a report by Mr Kim Won-soo, High Representative for Disarmament Affairs. The UN Office for Disarmament Affairs (UNODA) has published his statement.

A detailed summary of the session presentations and discussion is available here.

At present, Russia, on the one hand, and France, United Kingdom and the United States, on the other hand, have started circulating draft texts for resolutions.

And he made the early French, UK and US draft available via the web.

A debate and vote on these draft resolutions was expected in the evening of 6 April (EST), but has been cancelled.

Also on 6 April the European Union released a statement denouncing the chemical attack, but supporting ‘the efforts of the OPCW in Syria with regard to the investigation of the use of chemical weapons and [considering] that such efforts have to be continued in the future by the international community‘.

The UN Security Council is meeting on 7 April to discuss the US airstrike against Syria. A briefing ahead of the meeting updates the status of the negotiations on a resolution condemning Syria’s use of chemical weapons.

{Update}revised French, UK and US draft resolution on his blog.

{Update} Meanwhile the 4-page White House report on the chemical weapon attack against Khan Sheikhoun is also available.

More to follow as they become available.