Do no harm: A 3000-year old medical students’ oath

[Cross-posted from The Trench]

While doing background research on the history of the conception of disease and its propagation, I came across a translation from Sanskrit of a pledge an Indian medical student had to take more than 2000 years ago.

The oath can be found in the Charaka Samhita, one of India’s most ancient texts on medicine. It is believed to have been written around 300–200 BCE, but may have been a redacted version of an earlier, but lost work Ayurveda (Life Knowledge) compiled by Agnivesa about 1000 BCE. The written version handed down through the ages is therefore younger than the Hippocratic Oath (about 400 BCE), but just like the Manu Smrti—the Laws of Manu (about 200 BCE), a collection of Ancient Indian prescriptions that includes the oldest known record of an interdiction against the use of poison in combat—it draws on much older teachings.

The oath of initiation

  1. The teacher then should instruct the disciple in the presence of the sacred fire, Brahmanas [Brahmins] and physicians.
  2. [saying] ‘Thou shalt lead the life of a celebate, grow thy hair and beard, speak only the truth, eat no meat, eat only pure articles of food, be free from envy and carry no arms.
  3. There shall be nothing that thou should not do at my behest except hating the king, causing another’s death, or committing an act of great unrighteousness or acts leading to calamity.
  4. Thou shalt dedicate thyself to me and regard me as thy chief. Thou shalt be subject to me and conduct thyself for ever for my welfare and pleasure. Thou shalt serve and dwell with me like a son or a slave or a supplicant. Thou shalt behave and act without arrogance, with care and attention and with undistracted mind, humility, constant reflection and ungrudging obedience. Acting either at my behest or otherwise, thou shalt conduct thyself for the achievement of thy teacher’s purposes alone, to the best of thy abilities.
  5. If thou desirest success, wealth and fame as a physician and heaven after death, thou shalt pray for the welfare of all creatures beginning with the cows and Brahmanas.
  6. Day and night, however thou mayest be engaged, thou shalt endeavour for the relief of patients with all thy heart and soul. Thou shalt not desert or injure thy patient for the sake of thy life or thy living. Thou shalt not commit adultery even in thought. Even so, thou shalt not covet others’ possessions. Thou shalt be modest in thy attire and appearance. Thou shouldst not be a drunkard or a sinful man nor shouldst thou associate with the abettors of crimes. Thou shouldst speak words that are gentle, pure and righteous, pleasing, worthy, true, wholesome, and moderate. Thy behaviour must be in consideration of time and place and heedful of past experience. Thou shalt act always with a view to the acquisition of knowledge and fullness of equipment.
  7. No persons, who are hated by the king or who are haters of the king or who are hated by the public or who are haters of the public, shall receive treatment. Similarly, those who are extremely abnormal, wicked, and of miserable character and conduct, those who have not vindicated their honour, those who are on the point of death, and similarly women who are unattended by their husbands or guardians shall not receive treatment.
  8. No offering of presents by a woman without the behest of her husband or guardian shall be accepted by thee. While entering the patient’s house, thou shalt be accompanied by a man who is known to the patient and who has his permission to enter; and thou shalt be well-clad, bent of head, self-possessed, and conduct thyself only after repeated consideration. Thou shalt thus properly make thy entry. Having entered, thy speech, mind, intellect and senses shall be entirely devoted to no other thought than that of being helpful to the patient and of things concerning only him. The peculiar customs of the patient’s household shall not be made public. Even knowing that the patient’s span of life has come to its close, it shall not be mentioned by thee there, where if so done, it would cause shock to the patient or to others. Though possessed of knowledge one should not boast very much of one’s knowledge. Most people are offended by the boastfulness of even those who are otherwise good and authoritative.
  9. There is no limit at all to the Science of Life, Medicine. So thou shouldst apply thyself to it with diligence. This is how thou shouldst act. Also thou shouldst learn the skill of practice from another without carping. The entire world is the teacher to the intelligent and the foe to the unintelligent. Hence, knowing this well, thou shouldst listen and act according to the words of instruction of even an unfriendly person, when his words are worthy and of a kind as to bring to you fame, long life, strength and prosperity.’
  10. Thereafter the teacher should say this—’Thou shouldst conduct thyself properly with the gods, sacred fire, Brahmanas, the guru, the aged, the scholars and the preceptors. If thou hast conducted thyself well with them, the precious stones, the grains and the gods become well disposed towards thee. If thou shouldst conduct thyself otherwise, they become unfavourable to thee’. To the teacher that has spoken thus, the disciple should say, ‘Amen.’

According to an accompanying commentary by I. A. Menon and H. F. Haberman, it is not inconceivable that the Hippocratic Oath was influenced by Ancient Indian teachings and practices via the Pythagorean school, whose doctrine is believed to be highly influenced by Eastern thought.

Sources:

And for further background to the documents:


Non-proliferation assistance: A proliferation of national focal points?

[Cross-posted from The Trench]

On 9 December I attended a one-day seminar entitled Assistance and capacity-building in the context of UN Security Council Resolution 1540, Disarmament and Non-Proliferation in Addis Ababa, Ethiopia. It took place in one of the committee rooms in the old building of the African Union Commission. It had none of the trappings of many modern high-tech venues, but offered all amenities one can wish for during a day-long meeting: an electricity plug under the desk (a civilisational advance that has yet to reach the main room for meetings of the Biological and Toxin Weapons Convention, or BTWC, at the United Nations in Geneva), internet access, soothing brown background colours of wood-panelled walls, and—most unusual nowadays—daylight. Two pyramidal domes in the ceiling let in glorious sunshine and skimming light entering through the rows of windows running the entire length of the back wall softened the sharp contrasts thrown by the sunrays from above. Even in the late afternoon when a diffuse darkness was gradually filling the committee room, the rays of a setting sun lit up the roofs of nearby buildings in a colourful backdrop to participants exchanging final impressions of the day’s discussions.

Listening to the various assistance providers

A diverse African landscape of assistance and capacity-building programmes

The seminar organised by the African Union and the Pretoria-based Institute for Security Studies (ISS) aimed to map out the many initiatives underway to assist the African continent with meeting its obligations under various UN Security Council Resolutions and multilateral global and regional treaties limiting the acquisition, possession and use of non-conventional weapons. As good as the entire day was structured around a new publication by the ISS entitled CBRN [Chemical, Biological, Radiological and Nuclear] Assistance and Capacity-Building Programmes for African States. Written by Annie DuPre and Nicolas Kasprzyk, the 95-page directory gives a detailed overview of worldwide providers of assistance, be they states, international organisations or civil society entities. The seminar also built on a major conference convened by the African Union on 6–7 April 2016 to review the implementation of UN Security Council Resolution 1540 in Africa.

Some 40 people attended, just under half of whom were representatives from local embassies of African states. Other participants came from global and regional organisations and specialised agencies involved in assistance and capacity-building in support of disarmament, non-proliferation and counter-terrorism, or had long-term expertise in relevant fields.

Ms Einas Mohammed presenting an overview of the African Union programmes in support of UNSC Resolution 1540 and weapon control treaties

While I had been aware of several initiatives, the range of organisations running such programmes took me by surprise. Besides entities such as the African Union, the UN Regional Centre for Peace and Disarmament in Africa (UNREC), the UN Interregional Crime and Justice Research Institute (UNICRI) in collaboration with the EU CBRN Centres of Excellence, many other international bodies are also deeply involved. Among those presenting overviews of their activities were the Inter-Governmental Authority on Development (IGAD), an eight-nation cooperative arrangement in East Africa whose role in non-conventional weapon control is rather unexpected, but explicable in view of the security situation in founding member Somalia; the African Biosafety Network of Expertise (ABNE)—a specialised branch of the African Union’s New Partnership for Africa’s Development (NEPAD); and the UN Office on Drugs and Crime (UNODC) that also works on the prevention of terrorism.

My former colleague, Alex Lampalzer of the BTWC Implementation Support Unit, and I reflected on the outcomes of the BTWC Review Conference last month. Another colleague of mine at the Paris-based Fondation pour la recherche stratégique, Emmanuelle Maitre, spoke on progress in the universalisation of the Hague Code of Conduct (HCoC) against the proliferation of ballistic missiles.

Read the rest of this entry »


Beneath the Crust …

… the lava continues to flow unseen by the casual observer standing above

On 3 November I was invited to speak at an international conference in Brussels organised by the European Union (EU) Non-Proliferation Consortium. The session was called: The Biological and Toxin Weapons Convention (BTWC) – Maintaining Relevance. I found the title intriguing. Is the BTWC losing its relevance one way or another? Is this treaty in jeopardy?

Brasil’s BW preparedness: demonstration during the Brasilia workshop (23 August 2016)

A widely shared opinion has it that the BTWC is a weak treaty. Yet always unspoken  remain the criteria by which people assess the treaty’s weakness. They often point to the Chemical Weapons Convention (CWC) as a strong agreement because it has an international organisation, a verification regime and mechanisms to enforce compliance. Notwithstanding, in its almost twenty years of existence, war and terrorism in the Middle East accounts for about 2,000 fatalities as a direct consequence of chemical warfare and terrorism with chemical weapons. The BTWC, in contrast, lacks an international organisation or verification mechanism, yet in its 41 years since entry into force, deliberate use of disease or toxins has killed fewer than 100 persons. What does that say about the strength of a treaty?

Moreover, the BTWC is actually a very active treaty. Since 1991—the 3rd Review Conference—states parties have come together in Geneva at least twice a year, sometimes even more, particularly while negotiating a legally-binding protocol between 1997 and 2001. Of course there is a lot of frustration with the formal process and its lack of tangible progress in upgrading the treaty, its institutional support and procedures. In contrast a lot moves on the local and regional levels.

The BTWC World Tour 2016

To that conclusion I arrived after having organised four regional and sub-regional seminars between March and the end of September 2016 on behalf of the BTWC Implementation Support Unit (ISU). Those meetings took place in the framework of the EU Council Decision 2016/51 of 18 January 2016 supporting the BTWC and are part of a much broader package of activities envisaged between 2016 and 2019.

This Council Decision is the fourth in a series over the past decade. The first one covered the period 2006–08; the second one 2009–11 and the third one 2012–15. In total the EU has now invested some 6.3 million Euros in the strengthening of the BTWC, including 2.3 million for the current programme.

En route to Brasilia: The island of Madeira as seen from BioForce One (17 August 2016)

As Director of the international non-governmental organisation BioWeapons Prevention Project, I had the privilege of being entrusted with the implementation of the first Joint Action (as actionable Council Decisions were then known), part of which was designed to prepare the 6th Review Conference at the end of 2006. At this point the ISU, which was to carry out the next EU support plans, had not yet been established .The Joint action consisted mainly of BTWC universalisation and national implementation assistance activities. The former comprised five regional seminars: Southern and East Africa (Nairobi, Kenya on 21–22 June 2006; Asia and the Pacific Islands (Bangkok, Thailand on 8–9 November 2006; Latin America and the Caribbean (San José, Costa Rica on 18–19 January 2007); West and Central Africa (Dakar, Senegal on 17–18 April 2007); and the Middle East (Rome, Italy on 16–17 April 2008).

Ed Force One landing in the East Midlands, UK (June 2016)

The current Council Decision envisages four regional workshops in preparation of the 8th Review Conference to be held between 7 and 25 November 2016. Because of the short intervals between the events, the series became jokingly known as the BTWC World Tour 2016 and the organisers flew on BioForce One, a wink to Iron Maiden’s Ed Force One carrying the rock band’s members and crew to concert venues across the planet.

The four events targeted Eastern Europe and Central Asia (Astana, Kazakhstan on 15–16 June); South and Central America (Brasilia, Brazil on 22–23 August); South and South-East Asia (New Delhi, India on 29–30 August) and Africa (African Union Commission, Addis Ababa, Ethiopia on 13–14 September).

My remarks at the EU Non-Proliferation Consortium conference drew on insights from the four regional workshops this year and earlier experiences with the first EU Joint Action.

Evolution of a treaty regime and trends in state practice

Anyone participating in meetings on science and technology review, developments in industrial capacities, new production processes and technologies hears a lot of anxiety and a lot of talk of threats to the convention or possible weakening of the norm. However, such developments never take place in a vacuum, even if substantive progress in the Geneva negotiations remains elusive. Looking at several states that participated in this year’s regional meetings, I can only observe how much things have evolved.

India is a prime example. I recall a seminar the BWPP organised at the United Nations in Geneva in 2004 or 2005. We had an Indian scientist present  and she described how her country was on the verge of becoming a net exporter of biotechnology, whereas before it had been a net importer. She predicted that India would soon assume new types of responsibilities to govern the new science and technologies. Last August I was in New Delhi for the third regional seminar. At one point a discussion between Iran and India over the latter country’s export control legislation started up. It was interesting to note the evolution in India’s position on export controls. It had adopted principles that only 5–10 years ago were extremely controversial internationally. China has undergone a similar evolution with respect to national technology transfer policies and its adoption of a certain rationale behind them. These developments testify to a convergence of ideas, a convergence of approaches among states in different parts of the world. In turn they lead to circumstances that enable and promote cross-continental, cross-regional cooperation in a number of issue areas. In preparation of the 8th Review Conference the ISU website contains several working papers written jointly by European and Asian states, European and South American states, or the United States with partners in different regions. They illustrate emerging possibilities for the future of the BTWC. They do not yet translate into formal agreements or new understandings, but they testify to evolving practice that keeps the convention alive despite frequent setbacks in multilateral negotiations.

A second aspect of the BTWC’s vitality that emerged from the four regional seminars concern the different facets of international assistance and cooperation for peaceful purposes under Article X. Exchanges between especially some members of the Non-Aligned Movement (NAM) and the Western Group in Geneva are usually politically highly charged. Similar confrontations one can also observe in meetings of the decision-making bodies of the Organisation for the Prohibition of Chemical Weapons (OPCW) with respect to the comparable Article XI of the CWC. Yet, over the past decade parties to the BTWC have managed to advance matching expectations with obligations on both the global and regional levels.

After the Astana workshop: Amb. György Molnár, then President-Designate 8th RevCon; Daniel Feakes, Chief ISU; Jean Pascal Zanders, then UNODA; and Emil Kazakov, European External Action Service (16 June 2016)

First, the intersessional process has tended to focus on actionable programme items. In Geneva states parties often discuss Article X in broad, abstract principles. As already mentioned, they also tend to pit the NAM against the Western Group. Several vocal NAM members view national export controls as a violation of the convention and consequently place the prohibition on transferring biological weapons (BW) and relevant technologies to any recipient whatsoever in Article III in direct opposition to Article X. The intersessional process, in contrast, encourages states parties to look at the quality of their national implementation of obligations and responsibilities. This has led them to articulate concrete needs and requests, including under Article X, which in turn made it easier for potential donor countries to formulate offers for assistance and cooperation. Matching happens bilaterally or interregionally with the BTWC ISU often acting as a facilitator. To most developing countries the feckless ritual standoff with its sweeping statements in Geneva runs counter to specific national needs.

Second, certain developing countries have taken a regional lead in technology, science development, and so on. Some even work at the leading edge globally. Over the past few years they have initiated processes whereby they transfer relevant knowledge, expertise and practices to neighbouring states. In other words, regional patterns of cooperation, training and education explicitly undertaken under Article X have emerged. Argentina plays such a role in South America. Similar initiatives have arisen in the context of ASEAN, particularly in the area of biorisk management. Such concrete regional assistance also includes help with national implementation legislation, the submission of the Confidence Building Measures (CBMs), and so forth.

Read the rest of this entry »


BTWC 8th RevCon Final Document

[Cross-posted from The Trench]

The 8th Review Conference of the Biological and Toxin Weapons Convention (BTWC) ended today, 25 November, in great disappointment. While during the preparatory meetings in April and August it was already clear that the exercise would be difficult, nobody really anticipated that so much would be lost in two days. There is even less than in the previous final documents: the meetings of experts (MX) held during the summer have been stopped; the meetings of states parties (MSP) have been preserved, but without a sense of purpose. Except as a way to preserve the Implementation Support Unit (ISU).

The number of staff of the ISU was not increased. The still incomprehensible Spanish veto against the expansion of the ISU in the final two hours of the 7th Review Conference in 2011 (despite EU consensus to support such increase of staff) is having lasting consequences of ever greater impact. I guess that we can be grateful that nobody raised the flag to argue that with the elimination of the MX the ISU would have a reduced workload (not exactly true, but then politics are about perceptions, not truths).

In their final declarations many countries, especially from the Non-Aligned Movement (NAM), put the blame squarely on Iran (without naming the country). This country’s obsession with returning to a negotiation format like the Ad Hoc Group to achieve the higher goal of a legally binding instrument—possibly with the sole goal of antagonising the USA—led it to exploit to the fullest to principle of consensus decision-making to torpedo any effort at compromise. Many NAM countries—often developing nations—lost out on concrete opportunities for international cooperation and assistance. They were acutely aware of what they were losing. Having participated in four review conferences, I cannot remember so much direct criticism directed against one of their own.

More was on offer, and for a moment in the late morning and early afternoon expectations rose that a meaningful outcome might still be possible. By 4pm those hopes were dashed; even the continued existence of the ISU was in doubt. Fortunately, that danger was averted.

I will write up some personal recollections and impressions over the next week or so. There were more dynamics driving the negotiations that prevented useful compromises during the endgame.

Meanwhile, I have scanned the final document and the budget assessment (BTWC 8th RevCon – Final doc (Scan)) as it was distributed to delegates. These documents contain typographical and grammatical errors. A clean version will soon be published by the ISU.


Emergency assistance: Triggering Article VII of the BTWC

[Cross-posted from The Trench]

Tabletop Exercise (TTX) on the Implementation of Article VII of the Biological and Toxin Weapons Convention (BTWC)

8-9 November 2016, Palais des Nations, Geneva

(Provisional report)

[Prepared by Élisande Nexon, Ralf Trapp and Jean Pascal Zanders]

Article VII of the Biological and Toxin Weapons Convention (BTWC) provides that

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.

In recent years, considerations such as emergence and re-emergence of diseases, including Ebola, or the use of chemical weapons in Syria, have highlighted challenges pertaining to public health and assistance facing the international community. Many lessons have in the meantime been learned. The Eighth Review Conference gives the international community the opportunity to consider the potential contribution of Article VII to those considerations.

20161108 BTWC Article VII TTX-01

French Ambassador Alice Guitton opening the tabletop exercise

To this end the Fondation pour la recherche stratégique (FRS) and the United Nations Institute for Disarmament Research (UNIDIR) convened a workshop on 8 and 9 November 2016.  The primary goal of the exercise was to stimulate reflection on the decision-making processes both within a BTWC State Party and by the international institutions that may become involved if Article VII were to be activated. It also aimed to identify issues that require further study and clarification.

The workshop benefited from financial support by France and the UK Foreign and Commonwealth Office. Twenty-six national representatives and experts from civil society organisations, including public health and disarmament experts, participated in the exercise.

Fostering discussion on the implementation of Article VII: General framework of the tabletop exercise

The exercise enabled participants to exchange views based on a scenario involving a pneumonic plague outbreak in several locations. All victims had been exposed to the same genetically-modified strain displaying enhanced antibiotic resistance. The circumstances aroused suspicion about possible deliberate release. The scenario covered only the timeframe between the detection of an outbreak and the moment when the international community would be called upon under Article VII of the BTWC to offer assistance to the country suffering a major outbreak.

The exercise comprised three breakout sessions. In each session the plot advanced to the next stage of major decision-making by governments. Workshop participants were instructed not to play the scenario, but to consider themselves as a committee of government officials that has to assess alternative policy options and make a final recommendation to the minister. Participants split into three groups, each one representing a different perspective, namely that of the country in which the outbreak was first noticed, the neighbouring country suspected of being the perpetrator of the attack, and a nearby neutral country that might conceivably become an assistance provider.

The exercise was designed to examine specifically in which ways the BTWC as a disarmament and security treaty could contribute to mitigating a (suspected deliberate) outbreak in addition to other international assistance mechanisms. It factored in the current lack of procedures or mechanisms for its implementation.

This synthesis aims at underlining the main conclusions reached and questions raised during the tabletop exercise.

Read the rest of this entry »


Happiness is the road

[‘Cross-posted from The Trench]

Now one month ago, my contract with the UN Office for Disarmament Affairs (UNODA) ended. It was an unexpected 6-month stint to assist the Implementation Support Unit (ISU) of the Biological and Toxin Weapons Convention (BTWC) with organising a series of four regional workshops in preparation of the 8th Review Conference of the BTWC next month. These workshops were sponsored by the European Union (EU) under Council Decision CFSP/2016/51 of 18 January 2016 (Project 4). They targeted Eastern Europe and Central Asia (Astana, Kazakhstan on 15–16 June), Latin America (Brasilia, Brazil on 22–23 August), South and South-East Asia (New Delhi, India on 29–30 August), and Africa (African Union Commission, Addis Ababa, Ethiopia on 13–14 September).

One consequence was of course that silence descended over The Trench. A UN contract automatically implied that any statement, any article or other public contribution had to be vetted by persons in higher pay brackets. At times this made things difficult for me, as my colleagues could testify. Indeed, so much happened during those six months: the two meetings of the Preparatory Commission of the BTWC Review Conference in April and August, a Russian proposal to negotiate a new treaty on terrorism with chemical weapons (an idea that incredibly was welcomed in the tall corridors of the UN in Geneva on the argument that is would give the otiose Conference on Disarmament something concrete to work on), the publication of the third report of the Joint Investigative Mission (JIM) on the use of chemical weapons (CW) in Syria, new allegations of CW use in both Iraq and Syria, and, of course, the outcomes of the work that I was doing in support of the BTWC.

Essence

But the project also offered many joys. There was the opportunity to participate once again in one of the EU’s signature programmes in support of disarmament and non-proliferation. Indeed, ‘once again’. The current EU Council Decision is the fourth in support of the BTWC since 2006. Ten years ago, before the 6th Review Conference set up the ISU, I had the pleasure as director of the BioWeapons Prevention Project (BWPP) of being entrusted with the implementation of the first Joint Action (as the decision was then called). During its 2-year running period the BWPP organised three preparatory meetings for diplomats and four regional conferences (South-East Africa, South-East Asia and the Pacific, Latin America and the Caribbean, and the Middle East). It also laid the foundations for EU assistance with national implementation of the BTWC obligations to requesting states parties. (See the web page maintained by the ISU.)

From this first Joint Action I took away how expectations from the convention in capitals could be quite different from issues being put forward in the diplomatic gatherings in Geneva. And that there was not always effective communication between the Geneva-based missions and their respective capitals. It was indeed a pleasure to note how matters have improved considerably over the past decade, but a lot of work remains. Another lesson identified was that irrespective of whether government officials were approached top-down (as in the case of the EU Council, which acted through the foreign ministries) or bottom-up (as the BWPP was doing via local civil society outreach and education), the problems encountered were quite similar. Indeed, stakeholders in the convention — whether ministries or other government agencies, parliamentarians, scientists and academics, or civil society entities — had to be identified and brought together. In June 2008 this insight led to a Norwegian-sponsored initiative for a combined approach in Malawi to promote the country’s ratification of the BTWC. With the help of local and regional network members the BWPP identified and invited a range of governmental and non-governmental stakeholders and parliamentarians to a seminar in Lilongwe, which eventually proved to be the first step along the path towards ratification.

A second joy was the ability to engage with officials responsible for BTWC matters in capitals. Things had definitely improved over the past decade. People participating in the regional workshops came from different backgrounds, but all had awareness of the BTWC and core challenges facing the convention. I also noticed the impact of years of regional interaction and cooperation among officials, scientists and other experts, meaning that the debates were driven by shared interests and understandings as well as common concerns. Whereas during the first Joint Action a lot of effort went into explaining the basics of the BTWC and the reasons why countries should be concerned by possible biological weapon-related threats in their region, today the regional variations in assessing challenges and proffered solutions envelop disarmament with a much richer texture than can ever be appreciated in the meeting rooms of the UN. Indeed, if one conclusion can be drawn from the 2016 BTWC World Tour (as I started calling the series of events on Twitter – see, e.g., here) then it must be that disarmament actually lives. Great progress is being made with the implementation of the BTWC (and its norm against the weaponisation of disease and the life sciences) on the local and regional levels, even if the lack of outcomes at meetings in Geneva can be the source of intense frustration. This less visible ‘disarmament in (daily) action’ is quite different from ten years ago, if it then existed at all.

The hard shoulder

And a third and final joy was to be able to collaborate with the ISU and the Geneva Office of UNODA. I met great people who managed to run happy ships despite the great stress that more than occasionally permeated all aspects of work. Whether it was battling the UN’s bureaucracy (epitomised by UMOJA — Swahili for ‘united’ — an on-line administrative management tool that is supposed to bring together every branch and twig of the UN family, but actually represents an extensive centralisation of bureaucratic power in New York accompanied by complete diffusion of responsibility), changing or lack of timely decisions by states parties, or meeting short-notice deadlines, there was always occasion for a joke to make people get back to their desks with a smile. Seldom a harsh word, and a lot of mutual support. As an outsider on the inside, I definitely appreciated the certainty of backup when everything appeared to be going down the drain. Having experienced the BTWC process as a civil society operator and a member of the Belgian and EU delegations, this third angle was definitely most instructive. Another facet of ‘disarmament in motion’, for sure. And one the outside world appreciates little, alas.

A state of mind

Over the next weeks, as the BTWC 8th Review Conference takes off hopefully for a successful flight, I will write up more of my impressions of disarmament implementation, as well as comment on developments around the world. Despite all the great experiences of the past half year, it is good to be back in The Trench and to be able to freely shout out over the din out there.


Crowd control with chemical agents: Fundamental questions raised

Book review

Michael Crowley, Chemical Control: Regulation of Incapacitating Chemical Agent Weapons, Riot Control Agents and their Means of Delivery (Palgrave Macmillan: Basingstoke, 2015), 378p.

Crowd control-sAnybody who has attended one of Michael Crowley’s annual presentations at the Organisation for the Prohibition of Chemical Weapons (OPCW) on the challenges posed by riot control and incapacitating agents for the future of the Chemical Weapons Convention (CWC) knows his passion for the subject matter. And his overwhelming knowledge about the latest developments in science, technology, industry and government policies. These characteristics also typify his book on the topic, Chemical Control, published late last year.

The book can be read on three levels:

  • as an almost encyclopaedic presentation of facts,
  • as an in-depth analysis of the regulatory regimes pertaining to chemical crowd control agents, which leads to concrete policy recommendations, and
  • as a treatise on the analytical framework that has guided the research and the book structure.

Each level has merit in its own right. The third one, however, lifts this book above many other monographs on weaponry. Not just because of the ways in which it has informed Crowley’s research and analysis, but because it opens windows to fundamental debates on the purpose of disarmament and arms control today and tomorrow. He was right to resist calling his analytical framework a theory, but it nevertheless contains elements of theory. He formulates certain assumptions, but the book’s primary goals unfortunately do not give him the space to discuss them in depth. Because Crowley fundamentally questions some traditional understandings of the purpose of disarmament and arms control, he lays down an intellectual challenge that disarmament theorists or international lawyers cannot ignore.

A rich data source

The first level is that of the researcher’s data paradise. The monograph offers 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, and most importantly for the other levels on which the book can be read, where and how they are being used.

Chemical warfare has its fair share of horror stories. About the impact of toxic chemicals on the body—from the painful and slow-healing blistering of the skin by mustard agents to the uncontrollable convulsions caused by exposure to sarin or other nerve agents. About the human experiments conducted not just in the Japanese prisoner of war camps in China in the Second World War or the dungeons of the darkest totalitarian regimes, but also in the bastions of Western democracy. Until today veterans in the UK and the USA, for example, are fighting to have their contribution to the national defence effort officially recognised and receive adequate compensation and health care—if they are still alive.

However, it is quite a different present-day horror story to read that quite a few states use incapacitants and riot control agents (such as tear gas)—toxic chemicals that some try to sell to public opinion as so-called non-lethal or humane weapons—to torture prisoners or regime opponents. Page after page, table after table Crowley details national practices of certain countries. They beggar belief were it not for the fact that source references make up two-thirds of the pages with tables.

Crowley methodically presents the different types of agent together with their characteristics and consequences after exposure, the country armament programmes and practices, and incidents. He never meant those pages to be read in a systematic way; they are detailed reference materials for researchers worldwide. In that sense he comes as close as possible to an encyclopaedic treatment of the subject matter. Future reports by him and other researchers will have to update the data sets.

If assimilation of this wealth of data might appear daunting, then section introductions and conclusions pull the main strands of his empirical analysis neatly together.

Considerations for policy shapers and makers

The second level is that of policy advice. I must admit that when I first saw the table of contents and noticed that the final chapter addressed conclusions and recommendations I had concerns about the substance of the book. It is one thing to undertake solid empirical research; it is quite a different thing to lay out arguments (and thereby present data selectively) in support of policy recommendations. Too often such treatises display superior argumentative logic, all the while lacking foundation in factual reality. Or they may sink to the level of wholly speculative ‘may and might’ analyses spinning hypothetical, often worst-case scenarios whose projected consequences then inform policy recommendations.

To my relief Crowley avoids this trap because a solid analytical framework structures his analysis (see the third level below). Thus after having laid out the technical aspects and national programmes of crowd control agents, he moves to the regulatory regimes. Again he proceeds systematically. In what amounts to over half of the book, he devotes a chapter each to arms control and disarmament law, international humanitarian law, human rights law, international criminal law, technology transfer control regimes, and UN drug control conventions. For each of the treaties, regulations, policy declarations, or informal arrangements (such as the Australia Group or Wassenaar Arrangement) Crowley presents the reader with a summary of the objectives and tools, an analysis of their implementation, and options for amelioration.

In the penultimate chapter he examines how civil society can contribute to the strengthening and implementation of the respective regimes. It comprises a comprehensive overview of ideas that have been explored in the fields of chemical and biological weapon control over the past decade and a half, as well as various initiatives whose primary concern have been the humanitarian and human rights consequences of the application of crowd control agents. In the process the author comments on such activities and suggests further options and improvements.

Crowley’s recommendations are rooted in this detailed analysis. He identifies areas of action where governments (and by extension, intergovernmental organisations) have to assume their responsibilities with regard to the strengthening and implementation of the international rules. He also considers how civil society constituencies can contribute to the strengthening of existing tools (e.g., through the development of ethical and professional codes of conduct, educational initiatives, etc.) or develop independent initiatives to track developments (e.g., open source monitoring of the use of crowd control agents or the political and technological imperatives for their further development and international commercialisation) with a view of holding policy makers accountable.

The final chapter thus comprises succinct summaries of the issues treated in the preceding chapters and related policy recommendations.

Analytical framework

As already indicated in the introduction, to me the best aspect of the book is the analytical framework. Crowley calls it ‘holistic arms control’ (HAC). It concentrates on existing arms control and disarmament measures, but seeks to expand on the numbers and types of regulatory measures and broaden the range of possible stakeholders.

The ambition is not small: he must weave a net whose meshes are sufficiently wide to catch all relevant data, while small enough to filter out irrelevant elements. Moreover, his construct is multidimensional, capturing the technologies together with national and human security concerns of inappropriate use, all relevant international legal regimes and other types of regulation together with the relative strengths and weaknesses, and possible strategies to reinforce all barriers against misuse of crowd control chemicals.

He deconstructs this ambition in the opening chapter and in the process outlines a step by step methodology that will form the backbone for the whole book. Cowley’s rigid adherence to the model contributes significantly to the readability of his analysis: throughout the reader remains aware of the stage of analysis and when particular questions are likely to be addressed. At the same time, he leaves the reader with a strong sense of comprehensiveness by bringing in many elements that one might not immediately consider when touching upon the subject of incapacitating and riot control agents. His discussion of the 1971 UN Convention on Psychotropic Substances is but one example.

A theoretical knot

However, the HAC framework is not merely analytical, it is also aspirational. It carries elements of theory formation that offer the perspective of substantive debates on the purpose of disarmament in fast changing times. As the author states (p.4):

Recognizing that reliance upon a single disarmament or arms control agreement alone would not guarantee success, scholars have explored a number of concepts, seeking to broaden the range of possible regulatory mechanisms.

His analysis is therefore also aspirational:

Although the proposed HAC analytical framework concentrates upon existing arms control and disarmament measures, it attempts to widen the range of applicable mechanisms for regulation, and also the nature of the actors involved in such regulatory measures.

Consequently, HAC can be thought of as a framework for analysis to aid the development of a comprehensive, layered and flexible approach to arms control […]

Left unsaid is the central question: what is the core purpose of disarmament (as embedded in the Biological and Toxin Weapons Convention (BTWC) and the CWC, two key pillars of the regime against the misuse of incapacitating or riot control agents)? Furthermore, how do treaty regimes evolve in the light of technological, political and social changes over the years since their adoption and entry into force?

Humanitarian considerations have over the past two decades taken up a prominent place in the disarmament and arms control discourses. This means that today a different reference framework for judging effectiveness of a convention exists than the one originally intended: the focus of the public debate has shifted from the weapon technology (which must be eliminated) to the consequences of their use under a variety of circumstances on individuals and communities, which in turn has amplified calls to hold those responsible for violations accountable under national and international criminal law. That conflict of purpose is on clear display in the Syrian civil war: many people do not understand why the international community can invest resources in eliminating Syria’s chemical warfare capacity, but does not want to intervene to stop the slaughter of civilians.

The issue really becomes interesting when two humanitarian considerations intersect at a given decision-making moment in a disarmament setting, and a choice has to be made. Crowley points to such a moment during the 3rd CWC Review Conference in April 2013 (pp. 130–31), however without realising the underlying conflict (of conscience) that led to the item of incapacitating agents being dropped form the final document. The debate occurred when the number of reported chemical weapon (CW) incidents in the Syrian civil war was rising fast, and only a few weeks after the UN Secretary-General established a mission to investigate allegations of CW use. Including a condemnation of the escalating chemical warfare crisis proved highly controversial. Compromise was possible on severely weakened language only, which was totally unacceptable to the Western Group and Other States (WEOG). The final document was in the balance. Given that Poland was chairing the review conference, failure was not an option for the European Union members.

One WEOG ambassador was unable to get updated guidance on compromise language on the questions of incapacitants and Syria from his capital, and therefore had to decide under his personal responsibility (all the while bearing in mind that the successful outcome of the review conference hung in the balance). He opted to go with the compromise language on Syria and (in consultation with the original sponsor, Switzerland) drop references to incapacitants, a key consideration being that the issue could be taken up at a later date. Does such a decision make the CWC less effective? The consensus language in the final document would ultimately form a not insignificant foundation for subsequent action by the OPCW following the sarin attacks in the district of Ghouta less than four months later, and Syria’s accession to the CWC and subsequent disarmament. Outcomes at meetings can result from complex decision processes when different interests conflict with each other and priorities (often in function of developments at the time) need to be established.

So, I raise the question whether the global community is best served by finding ways to ameliorate core instruments or by broadening the range of tools in order to capture a particular issue of interest? I have no immediate answer because, as the book describes, science and technology and their application in various circumstances may evolve much faster than the international community can regulate them or update existing treaty regimes. Nevertheless, I do have the concern that multiplication of treaties and other regulatory instruments lead to different lists of states participating in each one of them and different levels of compliance and enforceability. That could lead to a cacophony of expectations based on different requirements and interpretations of obligations.

This final reflection is not a criticism of Chemical Control. The question touches upon theories of regime formation and international law and goes beyond the purpose of Michael Crowley’s book. However, it is a matter I definitely wish to engage him on. I can only commend him for offering a solid framework for structuring that particular debate on the future of disarmament and arms control and identifying the fundamental assumptions underlying both concepts.

 

[Cross-posted from The Trench]