[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
[Cross-posted from The Trench]
From 17 until 28 June I ran an Executive Course on Export Control at the M. Narikbayev KAZGUU University in Nur-Sultan (formerly Astana), Kazakhstan. Its goal was twofold. First, it tested in a real university setting parts of a master’s course on chemical, biological, radiological and nuclear (CBRN) dual-use technology transfer controls I have been developing since February 2018. Its second purpose was to attract interest in organising the full master’s course from other Central Asian academic institutes.
Set in the broader context of peace and disarmament education, the Executive Course posed considerable challenges from the perspective of educational methodology and the participants’ varied professional and cultural backgrounds. Contrary to many vocational training initiatives in treaty implementation assistance or strengthening treaty norms, the Executive Course (and the fuller master’s course on CBRN dual-use technology transfer controls) sought to deepen the general understanding of the security concerns about dual-use technologies, make participants understand how these might affect their own work and responsibilities both as a professional and an individual, and help them to identify and address issues of dual-use concern. As a general conceptual framework, the recommendations presented by the Advisory Board on Education and Outreach (ABEO) of the Organisation for the Prohibition of Chemical Weapons (OPCW) in its Report On The Role Of Education And Outreach in Preventing The Re-emergence of Chemical Weapons (OPCW document ABEO-5/1, 12 February 2018) guided both the preparations and the conduct of the Executive Course.
This blog posting introduces the master’s course, describes the preparations for the Executive course, identifies challenges that emerged in the planning phase and while the course was underway, and discusses how they were overcome.
Brian Rappert and Chandré Gould, The Dis-Eases of Secrecy: Tracing History, Memory & Justice (Jacana Media: Johannesburg, 2017), 261p.
It took me almost a year to write this book review. There are reasons why. First, the book is not that easy to read. While one can read it linearly (that is one page after another, as one would normally do), it instead invites readers to follow the logic of the argument, which entails dashing back and forwards from one part in the book to another. Second, the insights are profound, and the reader needs to let them sink in. Even in a straightforward linear reading mode, it is simply not possible for one to finish the volume in a couple of hours and claim to have understood the authors’ arguments. And finally, closely linked to the second excuse, while following the trails of various issue threads, I was simultaneously trying to figure out why it is so difficult, if not impossible, to use a country’s past experiences with chemical and biological warfare as a point of departure for education and outreach to prevent the re-emergence of chemical and biological weapon (CBW).
The Dis-Eases of Secrecy tells multiple stories of South Africa’s weird CBW activities between 1981 and 1995, commonly known as Project Coast. The stories are not primarily about individuals or their activities. They are about how those individuals or outsiders construct their actions and the narratives surrounding those actions as ways to shape the legacy of Project Coast and define individual responsibilities of Project Coast participants. At the other end of the spectrum stand the victims of Project Coast. Despite the special attention paid to Project Coast by the Truth and Reconciliation in 1997 and afterwards, did the public narrative — incomplete as it still is — bring closure? Facts are different from Truth, but did the Truth that emerged from those hearings suffice to reconcile?
Structuring the threads
How often does one come across a book whose opening chapter of the introductory section is entitled ‘How to read this book’?
The whole book is constructed around 11 sutras. A ‘sūtra’ in Sanskrit means ‘thread’; in Buddhism ‘narrative part’. A ‘thread’ can mean a group of intertwined filaments; so little surprise that another introductory chapter is called ‘Sewn threads’. Another nod to Sanskrit? ‘Sūtra’ is semantically linked to ‘sīvyati’ (he sews). Irrespective of whether etymology or philosophy inspired the authors, their playing around with both words in the chapter title characterises the book well: one has the option to proceed page after page (in which case, one receives a chronological progression of the authors’ investigation that led to the book) or one can follow any one of the thematic threads via the red thread identifier and number at the end of paragraphs.
The 11 threads are:
- What was done?
- Total war
- Forgetting and remembering
- Legacies of the past
- Need to know
- International relations
- Best offence
- Silence and the fury
- Transitional justice
- Lessons from the past
Inspired by Sven Lindqvist’s technique of thread-based entries in ‘A History of Bombing’ (2001), both authors equally encourage their readers to take ‘one of many possible paths through the chaos of history’ and thus to sense the many different ways a complex social issue can be perceived or experienced.
The threaded approach represents a conscious effort to break through the linearity of communication. As any person will have experienced in an inspired moment, multiple thoughts can near-simultaneously crisscross consciousness and frustrate prose when trying to transpose them into tangible communication. Speak, and phoneme will follow phoneme. Write, and letter will follow letter; word will follow word; and page will follow page. This immutable limitation on verbal communication challenges any author on presenting different angles to an account. A non-linear approach to writing cannot remove this limitation; instead, it places the reader in charge of how and in which sequence she or he wishes to explore individual threads in the narrative twine.
Rappert and Gould use the technique to good effect. Whereas Lindqvist broke with conventional narration to reinforce his view that indiscriminate bombing of civilian targets had its roots in the imperialistic, discriminatory Western views of other cultures, both authors let the reader sense profoundly why a ‘fact’ (e.g. a reference in a meeting record) acquires meaning only in the presence (or absence) of other information and why ‘truth’ is a constructed perception based on the selective inclusion of personal experiences and/or access to ‘facts’ with (selected) meanings.
However, as the previous paragraph makes clear, the technique may be heavy on the reader. It forces one to flip back and forth through the book in search of the corresponding paragraph number while absorbing information just received. Precisely at that moment one will also be processing that information against one’s own knowledge and understandings. The flipping back and forth distracts. Yet at the same time, it is difficult to see how the authors could achieve the same intellectual impact without the disruption of the non-linear presentation of arguments. The brain cannot sink into the comfort of a smooth narrative ride.
Challenging the knowledge comfort zone
To most people CBW present a clear-cut case: they are inherently inhumane, the subject of a longstanding and universal taboo on their use and banned under current international law. Therefore, such weapon use is evil and must be condemned by all. Alas, history and current direct challenges to the Biological and Toxin Weapons Convention (BTWC) and the Chemical Weapons Convention contradict the good vs evil tale. (See my paper International Norms Against Chemical and Biological Warfare: An Ambiguous Legacy.)
The dichotomy between victim and perpetrator is similarly built on such binary approach. Yet, the types of attributes assigned to each category of persons will be asymmetric. Observation or allegations of collective and individual actions violating the norm or treaties against CBW will feature prominently when designating a perpetrator. In contrast, a range of broad-scope characteristics not specifically related to CBW will habitually define the victim. As Rappert and Gould write (para. 212):
In relation to everyday offences, the ‘ideal victim’ is generally someone that is regarded as weak compared to the offender (which often translates into being female, very young or elderly), blameless for what transpired, a stranger to a clearly reproachable offender and, importantly, able to elicit sufficient concern about their plight without threatening other interests.
Victimhood becomes more difficult to circumscribe if one begins to consider people who participated in trials involving exposure to CBW agents. Even if the test subjects were volunteers, questions arise as to whether they were facilitators of crimes to be committed later (by others) with weapons they helped to optimise, they had been adequately informed of the risks to their health posed by the experimental agents, how free their choice to participate in such trials was, and so on. The authors also point to potential social and other consequences for the children of staff after Project Coast made press headlines (see interview with a Project Coast scientist, para. 486) and the veil of secrecy behind which many of the activities took place was ripped open in certain parts (but never fully removed). As they note, such children fit several expectations of ‘ideal victims’, but just like with relatives of victims who suffered physical harm from CBW use, they only receive secondary consideration.
If ‘victimhood’ suits political discourse or emotional mobilisation well, then varying degrees of vagueness or abstraction will likely hamper criminal prosecution of the alleged perpetrators. More specifically, how will a specific action by an alleged perpetrator be linked to a specific victim? Rephrased more broadly, how can justice be obtained in CBW cases?
Secrecy, justice and reconciliation
A reply by Dr Wouter Basson, Project Officer of Project Coast, to the question why he does not seem to understand what he did wrong in a radio interview best illustrates the quandary (para. 6):
It’s very simple, they must just show me what I did wrong. It’s easy, all they need to do is bring one single case of anybody that was either damaged and/or hurt in this process and I’ll live with it. But nobody can do that. I mean it’s been 20 years that this has been going on and there is not a single scratch and/or blue mark and/or bruise on anybody that could be proven anywhere, so who did I damage and how?
Much of the book turns around two questions: Was there justice for the victims of Project Coast? Did the Truth and Reconciliation Commission (TRC) reconcile victims and perpetrators? The quest to answer those questions raises further questions: How is Project Coast being remembered? How is it being forgotten? And by whom? Indeed, beyond the victims and perpetrators (and their relatives and social communities), other categories of protagonists also play or have played substantial roles in shaping the legacy left by Project Coast. These include government leaders and officials under the Apartheid regime; the post-Apartheid government and officials from the African National Congress (ANC); members of the military and security forces; the scientific community and research institutes; TRC members, research staff and other officials; civil society; the press; and the international community. And probably many more …
Secrecy is an all-pervasive element in the book. Through compartmentalisation and an overall policy principle to disseminate information on a need-to-know basis, few people (if any) had a total overview of Project Coast. It also allowed people who came to suspect certain things through casual conversation to ignore inconvenient knowledge; and later, before the TRC, it enabled people to claim ignorance about certain goals or actions, or deny or minimise their responsibility in them. The fact that Project Coast comprised so many different elements, so many different institutions, without clear lines of overall oversight or even management, easily reinforced the utility of secrecy in ‘forgetting’. Paradoxically, the promise of amnesty offered by the TRC to persons willing to admit to norm-breaking or criminal activities as part of the reconciliation process generated exaggerations of complicity. These also tended to obscure rather clarify the past, more so as secrecy and compartmentalisation of knowledge precluded deep verification. One never obtains the certainty that all is (or can be) known and what is supposedly known may be suspect. Ultimately, guesses must fill the gaps, but nobody or nothing can confirm or refute those guesses.
Secrecy was also claimed on the level of national security. However, as Rappert and Gould write (para. 220; emphasis in original):
What the state itself was ‘allowed’ to know was limited to what was officially told. The new ANC state needed to protect the state secret that it did not know. What the Project Coast scientists would say when under questioning at the TRC was wholly unknown.
Add an overlay of ‘proliferation risk’ to whatever might become publicised, and the ‘secret’ got new keepers. Thus, the post-Apartheid government became the owner of secrets, whose contents it did not and could never fully know. Its officials are today extremely reluctant to talk about Project Coast. Both authors tested, for instance, whether it might be useful for South Africa to at least come clean internationally by revising the information submitted under a BTWC Confidence-Building Measure (CBM) on past biological weapon (BW)-related activities. This was rejected, and Rappert and Gould were strongly encouraged not to pursue this line of enquiry by the (British) funders of their project. The latter aspect also demonstrates international community’s contribution to the way Project Coast will be remembered. One international expert suggested that Project Coast was not a typical BW programme and therefore no need exists to discuss it under the BTWC. Some other diplomats held the view that there is no longer any urgent reason to press South Africa on revising its CBM because the nature of the government had changed, the country had re-entered the international community, and it had stopped the programmes. Even though the authors also interviewed other experts and diplomats holding opposite views, the key point remains that consensus on the step was and remains elusive.
Rappert and Gould present a complex, but nonetheless compelling narrative about how a community – in this case, South Africa – addresses the legacy of a CBW programme and the use of such weapons in an armed conflict. Ultimately, the reader is left with the question: what is justice? Dr Wouter Basson in many ways epitomises the complexity of the question: he testified before the TRC; he faced criminal charges; and he was taken to justice for breaching his professional code of conduct by the Health Professions Council of South Africa (HPCSA). Only in the latter case he was found guilty in December 2013 but procedural battles before the HPCSA and in courts have thus far blocked his sentencing. Would a final guilty verdict in this case bring closure to the victims? To answer, one may refer to the widow of one of the victims of the 1995 sarin attack against the Tokyo underground after learning that senior Aum Shinrikyo members had been hanged. She said that the executions did not bring closure to survivors or victims’ families and pledged to continue efforts to ensure that the crimes are not forgotten (Sarin victim’s widow comments on execution, 26 July 2018; and Aum victims and bereaved express sense of closure, disappointment and confusion over executions, 6 July 2018):
What I mean by this is that there are lots of things I wanted them to talk about so we can learn more about future counterterrorism. I really wanted them to speak to experts, for example. It’s a disappointment that they can no longer do this.
Arguably, in this instance the direct linkage between perpetrator and victim was much clearer than for Project Coast. Yet, closure does not equal vengeance or mere punishment. It seems to imply the retention of future common value derived from the experiences suffered. It needs to have meaning; remembrance serves the purpose of preventing recurrence.
Towards the end of the book, Chandré Gould reflects on the outcome of the research and the role she and Brian Rappert might come to play in preserving the memory (para. 528):
[…] While most South Africans of a certain generation are likely to be familiar with the name Wouter Basson, artefacts, documents or accounts of the programme are not to be found at significant sites of memory, such as Freedom Park or the Apartheid Museum. What is the reason for this absence of a narrative? I would posit that this has to do with the absence of a coherent, easy-to-relate narrative. With no victims and no voices, or testimony post-TRC to assert the needs or interests of victims, the narrative, staccato and broken as it is, becomes a narrative of ‘perpetrators’. It becomes a story of motives, intentions and possibilities, all of which have been contested. The stories told by willing witnesses were both ridiculous and horrific, a science fiction of apartheid. Basson, as the person who holds all the answers but refuses to release them, becomes not only the secret-keeper (and in this maintains tremendous power over those who believe they might have fallen victim to the programme) but also the focus of all the attention.
The absence of a victim narrative or account also serves to strip the narrative of credibility or resonance. Personalising the violence of apartheid through victim narratives and testimony rendered it visible. In this case, there was no victim (other than Frank Chikane) to associate clearly with the programme, and no one other than the investigator to keep making the case for its importance or relevance. In this situation, the person investigating becomes the story-teller and the person responsible for the victims’ untold victim stories, the placeholder until a more legitimate voice can be heard.
In one of my many discussions on how to use past experiences with CBW in education and outreach, I happened to mention Project Coast, citing a museum exhibition entitled Poisoned Pasts then underway. One member of the group, a retired South African academic, replied, ‘This is controversial’. To me, controversy is a good foundation for discussion. Alas, as I have now learned, in plain English the three words meant: ‘Do not touch’.
Thus, one remains stuck with three cardinal questions: What lessons can be identified from past CBW programmes? What lessons can be learned from those activities? And, how can these insights help preventing the re-emergence of CBW programmes?
[Cross-posted from The Trench]
Origins and negotiation of Article VII of the Biological and Toxin Weapons Convention
A new research report
Article VII of the Biological and Toxin Weapons Convention (BTWC) belongs to the more obscure provisions. It reads as follows:
Each State Party to this Convention undertakes to provide or support assistance, in accordance with the United Nations Charter, to any Party to the Convention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention.
Since the treaty’s entry into force in 1975, states parties hardly looked at the one-paragraph article. Up to the 7th Review Conference (2011) the only additional understandings and agreements concerned general implementation procedures and possible roles of appropriate international organisations, including the World Health Organisation (WHO), the World Organisation for Animal Health (OIE) and the Food and Agricultural Organisation (FAO), as well as coordination functions for the United Nations (UN). Attention to the article increased markedly at the 7th Review Conference, a consequence of a heightened perceived worldwide risk from emerging and re-emerging diseases, fears of outbreaks resulting from biosecurity and -safety lapses in high-containment laboratories, concerns about scientific and technological advances in the life sciences that could be misused for hostile purposes, potential terrorist or criminal interest in highly contagious pathogens, and so on. The Ebola outbreak in West Africa between 2013–16 and subsequent evaluation of the international response raised concerns among the BTWC states parties about how the international community might respond to a deliberate disease outbreak, whether as a consequence of an act of war or terrorism.
These trends have led to an affirmation of the humanitarian dimension of Article VII. As Nicholas Sims noted in his study of the treaty’s early functioning (The Diplomacy of Biological Disarmament. 1988, p. 24): ‘Statements made in the UN, with an eye on future references to the negotiating history of the convention, indicate that this article is generally understood to refer to humanitarian, not military, assistance.’ With nothing seemingly contradicting today’s humanitarian imperative, most attention has so far gone to the organisation and coordination of international response to the release of a highly infectious biological weapon (BW).
Questions about triggering Article VII
Much less understood is how Article VII can be activated. There are no procedures; there has not been any determination who should be involved in the process. Which are the (possible) roles for the BTWC Implementation Support Unit (ISU), the treaty’s three depositary states (Russia, United Kingdom and United States), the UN Secretary-General (UNSG), or the UNSC is a question that remains unanswered. It should be added in this context that some actors or available tools are of much more recent origin and were consequently not envisaged during the treaty negotiation. The mandate for the ISU was decided at the 6th Review Conference (2006). The UNSG’s mechanism to investigate allegations of chemical and biological weapons (CBW) use received endorsement from the UNSC and the UN General Assembly (UNGA) in 1988 and has since then been strengthened. Through the review process, BTWC states parties have elaborated a consultative mechanism under Article V to address compliance concerns.
Moreover, given the humanitarian framework guiding today’s debates on implementing Article VII, from the perspective of triggering the provision there are several dissonant elements. The article has its origins in a 1968 working paper by the United Kingdom proposing a separate treaty banning biological warfare. The language underwent several reiterations over the next three years and at one point disappeared entirely from the draft convention, only to resurface in its current formulation just before the conclusion of the negotiations. The different versions of the article left traces from earlier intentions and understandings, meaning that the intent behind certain phrases that may be uncertain or appear confusing today. This is particularly the case for the following:
- provide or support assistance: what is the nature of the assistance, humanitarian, military, or any other type?
- in accordance with the United Nations Charter: why does the article include a reference to the UN Charter, particularly since the Charter allows for punitive actions and even resort to military force under Chapter VII? In addition, if the assistance is humanitarian, as assumed today, what prompted the reference to the UN Charter? The word ‘humanitarian’ features only once in the founding text (Chapter I, Article 1, 3); the words ‘aid’ or ‘assistance’ (in the sense of humanitarian or non-military aid) are absent. Furthermore, while the UN’s mandate includes the promotion of arms control and disarmament, nothing in the Charter makes it responsible for monitoring treaty compliance or addressing treaty violations. Besides Article VII, only Articles V and VI refer to the Charter or UNSC. The context concerns the resolution of any problems relating to the BTWC’s objective, way of implementation, or breaches of the convention.
Article V raises the possibility of organising bi- and multilateral consultations and cooperation ‘through appropriate international procedures within the framework of the United Nations and in accordance with its Charter’ in case direct interaction between the parties concerned is impossible or unproductive. Overall the provision is vague. Review conferences have tried to clarify it, in particular with regard to the convening of a consultative meeting. Article VI grants a state party the right to lodge a complaint with the UNSC if it believes that another state party has breached its treaty obligations. Furthermore, should the UNSC initiate an investigation, all states parties undertake to cooperate with such investigation. However, states parties have not elaborated on the references to the UN Charter and the UNSC. They have also not answered whether there is or should be any linkage between either Articles V or VI and Article VII.
- if the Security Council decides that such Party has been exposed to danger: why is there a requirement for Security Council action if assistance can be provided under basic humanitarian principles? On what basis will the UNSC make this decision? The Third and Fourth Review Conferences (1991 and 1996) noted under both Articles V and VI the UNSG’s investigative mechanism as endorsed in UNSC Resolution 620 (1988) and UNGA Resolution 45/57 (1990) and ‘to consult, at the request of any State Party, regarding allegations of use or threat of use of bacteriological (biological) or toxin weapons and to cooperate fully with the United Nations Secretary-General in carrying out such investigations’. Later review conferences refer back to this text and have not elaborated any further on the references to the UN Charter or the UNSC. The UNSC, as its name indicates, bears primary responsibility for the maintenance of international peace and security (Chapter V, Article 24, 1). Logic therefore suggests that Article VII applies exclusively to the deliberate use of a pathogen or toxin as a weapon. This would thus exclude a situation of a country facing an outbreak after an accidental release of a disease-causing agent from a neighbour’s secret BW research or production facility (similar to the anthrax outbreak near Sverdlovsk in 1979). In other words, according to this interpretation Article VII refers to an act of war, even though the BTWC lacks references to ‘use’ in both its title and Article I.
- as a result of violation of the Convention: does this clause imply violation of any part of the BTWC? If affirmative, this could include illicit weapon programmes or outbreaks resulting from illicit activities. How would this square with the interpretation that Article VII only refers to an act of war?
Furthermore, only states parties can violate the BTWC, which implies that dangers arising from other actors—non-states parties (signatory or non-signatory states) or non-state actors—could not be the subject of Security Council action, and therefore not of state party assistance.
Aim of the research paper
In November 2016, in the margins of the 8th Review Conference of the BTWC, the Fondation pour la recherche stratégique (FRS) and UN Institute for Disarmament Research (UNIDIR) held a tabletop exercise (TTX) 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. The TTX revealed that decision-making was severely hampered because of the article’s lack of clarity, uncertainty about possible procedures and their consequences on the process as a whole, and the types of actors that could be called upon (e.g. UNSG, ISU, depositary states, etc.).
Discussions at a workshop on ‘Article VII of the BWC and the UN System’, held in New York on 12–13 December 2017 as part of the Project on strengthening global mechanisms and capacities for responding to deliberate use of biological agents, also touched upon the specific responsibilities of UN organs following activation of Article VII. The question was raised whether there was any relevancy in trying to recover the negotiators’ original intentions. In reply, UN officials said that since the implications of triggering Article VII had never been studied and no procedures have ever been put in place, following a request the first task for the UN would be to study legal and negotiation documents to determine which types of action might be possible and which roles the UNSC and UNSG might play.
This research paper traces the article’s negotiation history between 1968 and 1971. During those three years negotiations took some sharp turns, and draft treaty texts were dropped and replaced by alternatives that framed BW control in radically different ways. In the final two months of negotiation, some degree of synthesis between different approaches took place. With respect to Article VII, when Morocco introduced an amendment to reinsert language based on the British proposal of August 1971, the context had completely changed, not in the least because the original draft provisions banning methods of biological warfare and a mechanism to investigate allegations of BW use had been dropped. Whereas Article IV in the original British draft convention formed part of the fabric to prevent biological warfare, the later Article VII had no obvious connections to the BTWC’s core prohibitions in Articles I – III. It also lacked direct or explicit links to Articles V and VI.
Moreover, the humanitarian intent, systematically affirmed by British government officials and diplomats, became blurred at times, especially after an addition to a draft UNSC resolution that was to accompany the BTWC made explicit reference to Article 51 of the UN Charter on individual and collective self-defence. It shifted the focus away from aiding the victim of a biological attack to possible assistance in countering the aggressor.
Download the full research report
[Cross-posted from The Trench]
On 2 May the Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons (OPCW) organised a workshop relating to its programme to fully implement Article XI of the Chemical Weapons Convention (CWC). I addressed the States Parties in the session on ‘Promoting chemical knowledge’ and focussed on the responsibilities of chemists, both as members of their scientific associations and as individuals, in preventing the misuse of their discipline.
Consequences down the road
The role of chemists in war is not a new thing. The role of chemists in chemical warfare is of more recent origin. Just over a century ago, modern chemical warfare, as it began in my country, Belgium, on 22 April 1915, may seem like it came out of the blue. Actually, it resulted from the confluence of several trends in Europe and North America. Those trends emerged in the late 18th century. They included the establishment of chemistry as a science and the onset of the first industrial revolution. Those trends gathered pace throughout the 19th century.
Chemistry discovered many new molecules. Organic chemistry—one of the early convergences of chemistry and biology (another one of the new scientific disciplines)—yielded compounds that later often acquired widespread use as intermediaries in industrial production. Many decades after their initial discovery, several also became warfare agents during the 1st World War. In the first half of the 19th century, chemists also synthesised the first organophosphorus structures, which laid the foundation for the development of the nerve agents from the mid-1930s onwards.
After 1850, industrialisation increasingly shaped the organisation of science; it gave direction to the scientific endeavour; and it helped to restructure the scientific curricula at universities and other institutions of education. The idea of science for science’s sake gave way to a much more utilitarian vision in service of society.
Stagnation on the Western front in the autumn of 1914 would prove to be the catalyst for modern chemical warfare. Belligerents drew on national industrial and scientific prowess to try and force the decisive breakthrough on the battlefield to end the carnage. Toxic chemicals used to deliberately harm humans were one choice. Alas.
I am not saying that in the 19th and early 20th century chemists set out to design and develop chemical weapons (CW). All I know is that in each of the belligerent countries, these chemists were fully aware of the social and technological dynamics that were transforming their respective societies; often they were the drivers of these changes.
The 1st World War was the catalyst that brought science, industry and military art together with the purpose of devising a new mode of warfare. It was almost accidental. (With the design of the atomic bomb a quarter of a century later, the convergence was deliberate, and governments have maintained that interconnectedness ever since.)
Today, our societies are once again undergoing major transformations. Chemistry is changing fast; the interactions with other disciplines are widening as well as deepening. Chemical industry has spread across the planet; so many people all over the world are seeking careers in fields that have more than a tangible impact on the CWC. These areas are also critical to development; they are key to ameliorating the conditions of peoples everywhere and meeting future challenges to individual and human survival.
International cooperation and development benefit from peaceful intent
The OPCW’s Advisory Board on Education and Outreach (ABEO) is keenly aware of current transformations that might once again contribute to CW development and acquisition. Its members are also keenly aware that we are facing new situations in which toxic chemicals can be and are being used. A big challenge to the CWC is that our conception of CW is changing fast. Indeed, opportunistic use of industrial toxicants (such as chlorine) on the battlefields, terrorism and non-state actor use of toxic agents, and now more recently, assassinations with substances that had initially been developed or produced for military arsenals, are situations the CWC negotiators could not—and did not–anticipate.
In February of this year, the ABEO produced a report on the role of education and outreach in preventing the re-emergence of CW. It contains many recommendations for the Technical Secretariat to enhance the impact of its activities with States Parties in terms of education and outreach. The report also addresses how chemists everywhere can expand their consciousness about the dual-use characteristics of much of their work. It also seeks to enhance their awareness of the international and domestic scientific and technological environment in which they are functioning. It helps them to anticipate possible outcomes of their work many years into the future.
Engagement of chemists is evident from a key clause in the report’s title: ‘preventing the re-emergence of CW’. The report defines this goal as ‘the collective of actions undertaken by the OPCW, its Secretariat, and the National Authorities to implement the Convention, on the one hand, and by professional, scientific, and academic communities, as well as civil society constituencies and individuals, to advance consciousness, responsibility, and specific behaviours that support purposes not prohibited by the Convention, on the other hand’. (p. 6, para. 2.11)
In other words, ‘Prevention of the re-emergence of chemical weapons’ appeals to the responsibility of stakeholder communities and individuals, including chemists, to uphold the norm in the CWC.
Members of the ABEO have been involved in the development of the Hague Ethical Guidelines to promote responsible practice of chemistry. They are also active in promoting the Ethical Guidelines, including through active learning processes that involve chemists, which are advanced in the ABEO report. Some members have been instrumental in mobilising chemical societies and chemical industry councils to formally condemn the use of chlorine as a weapon. Some among them have also participated in the development of the on-line educational tool ‘Multiple Uses of Chemicals’ to promote the beneficial uses and prevent abuses of multiple-use chemicals, which the Technical Secretariat now supports by offering translation into the six official languages.
Reaching out to today’s chemist and the next generation of chemists (who are now in secondary school) is a task that National Authorities can help to promote, in addition to the ongoing initiatives undertaken by the Technical Secretariat.
At this point, I wish to stress that while the ABEO report suggests educational strategies, it does not offer one-size-fits-all suggestions. There is great need to adapt educational strategies to specific regional and national characteristics.
Awareness of the challenges—those visible today, as well as those looming on the horizon—is a task of permanent education. The ABEO report contains many practical examples of how such permanent education can be organised and practically implemented. It is of benefit to development for peaceful purposes and international collaboration in the scientific field of chemistry worldwide.
States Parties are welcome to approach the ABEO and its members—via the Office of Strategy and Policy of the Technical Secretariat—for assistance and concrete advice on education and outreach to key stakeholder groups.
[Cross-posted from The Trench]
On 18 April 2018 the Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) held its 59th meeting, which was wholly dedicated to the assassination attempt with a nerve agent of the Novichok family. The Technical Secretariat presented its classified full ‘Report on Activities Carried out in Support of a Request for Technical Assistance by the United Kingdom of Great Britain and Northern Ireland (Technical Assistance Visit TAV/02/18)’. A summary released by the Technical Secretariat on 12 April, although lacking in detail, stated that:
- Two OPCW designated laboratories confirmed that the three hospitalised individuals had been exposed to a toxic chemical;
- Another two OPCW designated laboratories confirmed the presence of the toxic chemical in environmental samples;
- The results confirmed the UK’s findings relating to the identity of the toxic chemical; and
- The TAV noted the high purity of the agent because of the almost complete absence of impurities.
Russia’s unprecedented revelation of the identity of a designated laboratory in an investigation
Prior to the Executive Council meeting Russia caused an uproar when Foreign Minister Sergei Lavrov publicly identified one of the designated laboratories involved in the analysis of samples (Spiez laboratory, Switzerland). In his address to the Assembly on Foreign and Defence Policy on 14 April, he also confirmed the identification of Substance A-234 (a Novichok agent) and furthermore claimed (from Russian via Google Translate):
Based on the results of the examination, the traces of the toxic chemical BZ and its precursors belonging to the chemical weapons of the second category in accordance with the Convention on the Prohibition of Chemical Weapons are found in the samples. BZ is a nerve agent temporarily disabling a person, psycho-toxic effect is achieved in 30-60 minutes and lasts up to four days.
This recipe was in the arsenal of the US Army, Great Britain and other NATO countries, there were no developments or accumulations of these chemical compounds in the Soviet Union and Russia.
The statement as such contains two errors.
[Cross-posted from The Trench]
A recurring question in the context of the investigation by the Organisation for the Prohibition of Chemical Weapons (OPCW) into the use of chlorine in the attack against Douma on 7 April is whether chlorine is actually a chemical weapon (CW).
The simple answer is ‘yes’ if the chemical element is released as method of warfare, an act of terrorism, or any other deliberate act intended to harm or kill a person or animal.
There are two elements in the Chemical Weapons Convention (CWC) to bear in mind, namely the definition of a CW and the three Schedules (or lists with chemicals), which are annexed to the convention.
Definition of a chemical weapon under the CWC
Most toxic chemical are potentially dual-use. Moreover, the CWC wishes to cover not only yesterday’s and today’s toxic chemicals but also the ones that may be developed in the future. To this end, the CWC uses the so-called General Purpose Criterion (GPC): not the toxic chemical as such is prohibited; however, the purposes to which it may be applied are.
In this context it is useful to know that the treaty’s default condition is prohibition. In other words, all usage of toxic chemicals is prohibited unless for purposes that are not-prohibited (note the negative formulation). The CWC considers only four non-prohibited purposes.
Thus Article II, 1 states:
1. “Chemical Weapons” means the following, together or separately:
(a) Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes; […]
Here one can see that any toxic chemical is defined as a CW, except where intended for purposes not prohibited …, in which case the toxic chemical is by definition not a CW and therefore does not fall under the CWC.
Article II, 2 defines ‘toxic chemical’ as
‘Any 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’.
In other words, this definition clearly bears on chlorine.
[Cross-posted from The Trench]
Since the assassination attempt on Sergei and Yulia Skripal with a nerve agent now just over one month ago, so much has been written about ‘Novichok’; so much has been opined about what ‘Novichok’ is meant to be (if it exists at all); and so much smoke has been spewed about what the identification of ‘Novichok’ suggests about culprits. This blog posting is the first of several to look into a specific aspect of the discussions concerning Novichok in the hope of clarifying where certain positions come from and what factual knowledge exists about this group of nerve agents.
Facts have been scarce. In fact, as a member of the public with long-time interest in chemical and biological weapons, I know very little about what took place in Salisbury on 4 March. I still have to see the first statement from British authorities—government officials, police, scientists at the Defence Science and Technology Laboratory (DSTL) at Porton Down—in what form the Novichok agent was delivered. Was it a liquid? A solid in powdered form? A binary concoction? Delivered in a gel or ointment? Anything else?
‘Novichok’ as we know the family of nerve agents today was researched, developed, produced and field-tested in sizeable quantities in the Soviet Union and at least during the early years of Russia as an independent state. Little else beyond this basic information given by some of the chemists involved in the armament programme is available. Those researchers are not always in agreement with each other, especially as regards the skill levels required to synthesise the agent.
Meanwhile, government officials from both the United Kingdom and the Russian federation have launched a war of hyperbole. London overstated the nature and quality of evidence from forensic chemistry; Moscow, amid a broad smoke-and-mirrors campaign, used the exaggerations to poke holes in the British narrative. Just like with allegations of chemical weapon (CW) use in Syria, Russia has released a barrage of denials concerning the assassination attempt in the UK through disaffirmation of any involvement, construction of spurious logic and citation of any ‘expert’ willing to entertain conspiracy theories. It furthermore rejects any outcome unfavourable to its world view and questions procedures and methodologies applied by investigative bodies. Moscow, however, never supplies any physical evidence in support of its claims.
Yet, over the din there are two steadfast Russian positions: (1) Russia is not responsible for the Soviet Union’s actions, and (2) CW declarations concern only ‘produced’ toxic chemicals for use in warfare. In the specific context of the CWC, it places the three Schedules central to the prohibitory regime.
[Cross-posted from The Trench]
On 4 April the Executive Council (EC) of the Organisation for the Prohibition of Chemical Weapons (OPCW) will meet in a special session. Russia called the extraordinary meeting. It has been a month now since former Russian spy Sergei Skripal and his daughter Yulia had been exposed to a nerve agent in Salisbury. The United Kingdom (UK) government identified it as a member of the ‘Novichok’ family, once researched and developed by the Soviet Union. Russia is believed to have continued the programme at least during the first years after the breakup of the USSR. It has never come clear on the nature of the programme or identified the agents’ characteristics. As no other country has ever been associated with the Novichok family of agents, London’s finger-pointing at Moscow was not difficult.
War of loud words
Since the assassination attempt a war of loud words has erupted. The UK has continued with its investigation and called in the OPCW’s expertise with a view of validating its analyses of the nerve agent. By the latest indications, the results from the OPCW-certified laboratories will not be available before the middle of this month.
Meanwhile, London also launched a diplomatic offensive to isolate Russia internationally (for an overview, see the dedicated UK government web page), which so far has ended with tit-for-tat expulsions of diplomatic staff. The rhetoric strayed off course. The assassination attempt got linked to similar incidents over the past years and decades, Russia’s actions in its near-abroad and Syria, its cyber campaigns against the institutions of Western democracy, and the country’s more assertive stance against Western interests, particularly those of the European Union (EU) and the North Atlantic Treaty Organisation (NATO). And, of course, the post-penultimate British schoolboy’s meme had to be called forth for domestic consumption: a mention of Nazi Germany.
Battle royale for the internet’s heart and minds
The British government’s (quite necessary) quietness about the investigation, the dearth of factual information beyond some generalities, and the distraction-causing verbal digressions into unrelated issue areas presented Russia with an open playing field. It was an opportunity it could not, and did not ignore.
Beyond the stacks of concealing black smoke and initial ridicule spouted by the government-sponsored international media and its diplomatic representatives to the UK, OPCW and EU, Moscow stayed much more focussed on the Skripal case. It was testing messages fast, discarding the ones failing to gain immediate traction and pursuing those that got picked up. Together, they addressed several issues simultaneously to drown out or cast doubt over any possible counterargument. That Russian officials or media contradicted themselves or seemingly confessed to total ignorance about past chemical warfare programmes did not matter. Speed was of the essence to avoid a coherent ripostes.
So, they challenged the notion that Russia was the sole originator of Novichok agents; they denied that there had ever been a Novichok programme; they suggested that the agent came form the British chemical defence laboratories at Porton Down or from similar facilities in other European countries; they questioned the OPCW’s legitimacy in the investigation while embracing the procedures foreseen in the Chemical Weapons Convention (CWC) to discuss the matter; etc. They upbraided the UK government for not releasing details about the nerve agent while the investigation is going on. And then Foreign Minister Sergei Lavrov proffered motive for the British using a Novichok agent against the Skripal family: covering up difficulties over Brexit.
However ludicrous some of the arguments, Moscow ultimately turned the tables on London. Russia now portrays itself as the victim of the attack because the UK was unable to guarantee the safety and security of its citizens, in addition to which it now refuses Russian consular access to Yulia. And exploiting both British silence on the heart of the matter and the waiting period for the OPCW test results, it called for an special session of the OPCW EC after having publicly released two sets of questions (1st set; 2nd set), some of which it could use to initiate the clarification process under CWC Article IX, 2. Quite a few of these questions Moscow has field-tested via its global megaphone. (A subset of questions Russia addressed to the French government too.)
Will Britain’s hand be forced?
How will the EC meeting tomorrow pan out? Difficult to say, but if the debates over Syria’s chemical weapon (CW) use offer any guidance, then the following broad lines may re-establish themselves: the Western countries will decry the violation of the CWC and seek justice; Russia will play out a geopolitical strategy based on nominal pledges of cooperation to influence the votes of members of the Non-Aligned Movement who are wary of being caught up in a new hegemonic struggle between Moscow and Washington.
Russia has definitely laid the groundwork for triggering Article IX, 2. But will it trigger it tomorrow? This is far from certain. Moscow’s core aim may be to place some of the key questions it has already publicised into the formal record, thereby forcing the UK to respond. Any reluctance or avoidance by London would feed a certain narrative, at least until the OPCW submits its own laboratory findings to the UK. That narrative will anticipate those findings; at a minimum it will place the British government under great pressure to release the analyses to other OPCW members, including Russia. That pressure might also compel the British government to follow OPCW procedures rather than pursuing the case through other diplomatic means, in which case Moscow’s gambit may already be anticipating crucial votes further down that path. (For an overview of the Article IX process, see my earlier blog posting Novichok and the Chemical Weapons Convention.)
Remains one question in all this: Where is Washington? в кармане?