Accountablity of armament inventors and manufacturers in International Law: the confession of Mikhail Kalashnikov

During the League of Nations, there were some attempts, including a drat convention, which were meant to strictly regulate or even ban private manufactures of arms. Interestingly, such efforts were also supported by countries such as the USA. In contrast, the UN and its members appear to see the manufacturing of conventional weapons outside the reach of international law. Some studies have been conducted on the feasibility and desirability  of regulating manufacturing of armaments by the UN, but without any substantive success. 

However, the UN Firearms Protocol 2001 which supplements the UN Convention again  Transnational Organised Crime 2000 came up with a regulatory framework such as the duty to hold a licence, record keeping, marking and reporting of  arms manufacturers, without touching the debate over the accountability of arms manufacturers for the use of their weapons in armed violence abroad (and internally).

 

The debate over manufacturing, although not at the heart of conventional arms control as same as arms transfer across borders, divides countries and others. Some argue that manufacturers (which may or [may not] include inventors) must be accountable for what they produce and the consequences of the use of their products; such accountability may also be attributed to a state provided that the requirements of attribution are satisfied. This is a strong position given that most manufactures are also exporters and dealers of arms. The opposing view is that armament manufactures do their business based on the laws of manufacturing countries; they are important actors in defending a state’s national  security and promoting the  technological and economic advancement of countries.  Mikhail Kalashnikov, the famous Russian engineer who invented the worst killing (but also defending) automatic riffle, Kalashnikov, was among those who defended manufacturers and inventors from any accountability (moral or otherwise) of the consequences of the weapons they make. His position was that those who receive and use the weapons are the ones who must not use and abuse them to commit terrorism and other crimes. 

Kalashnikov died last month at the page of 95; it is reported that the confession he made and sent to the religious leader of the Orthodox Church of Russia includes the following  question: “My spiritual pain is unbearable. “I keep having the same unsolved question: if my rifle claimed people’s lives, then can it be that I… a Christian and an Orthodox believer, was to blame for their deaths?”.

 Please read the rest from the news article here: http://www.bbc.co.uk/news/world-middle-east-25709371

It must be noted that more than 100 million AK-47 rifles are said to be in circulation, and they are the main, but not necessarily the only,  tools of armed violence in most trouble parts of the world. It must also be noted that the position of the Russian Church was not different from state position -we may well hear a confession on this subject from the Church itself sooner or later?

Advertisements

Now What? Responding to Alleged Chemical Weapons Attack in Syria

As media are reporting, high-level discussions in Washington, D.C. and elsewhere are focusing on how governments should respond to the incident in Syria involving an alleged chemical weapons attack by the Syrian regime. These discussions include consideration of military strikes against Syria. Earlier, in light of conclusions that the Assad government had used chemical weapons on a small scale, deliberations about arming Syrian rebels raised questions of international law and other sources of law (EU law, US law). See, for example, Pierre-Emmanuel Dupont’s Arms Control Law post on this issue.

At present, the debate about direct military strikes is dominated by non-legal questions, such as (1) clarifying what happened and who is responsible (on which see Jean Pascal Zanders’ posts on Arms Control Law and The Trench), (2) further danger to US credibility given existing controversies about President Obama’s “red line” statements, and (3) whether military intervention would be prudent or effective. However, as suggested by gathering momentum for military action, legal issues are on the agenda internationally and within governments contemplating the use of force. So, here are some preliminary, general thoughts on these legal questions.

International Law

In terms of international law, two critical, linked issues are (1) the principles on state responsibility (did a chemical weapons attack occur, and was the Syrian government responsible?), and (2) the rules on the use of force (does a chemical weapons attack attributable to the Syrian government provide a justification for other states to use force against Syria?).

The cleanest scenario would be for the evidence to show that the Syrian government used chemical weapons, and, then, for the Security Council to authorize UN member states to respond with military force to this threat to international peace and security.

For many reasons, this scenario is unlikely to be the one that plays out. At the moment, it appears as if definitive attribution of this attack to the Syrian government will prove time-consuming, difficult, and politically contentious, leaving enough room and time for differences among members of the Security Council to produce opposition to a resolution authorizing the use of force against Syria.

The next strongest basis for using force, the right to use force in self-defense, is not an option because the attack in question was not perpetrated against another state. Nor, at the moment, would an argument of anticipatory or pre-emptive self-defense be persuasive as a justification for using force.

That leaves the more controversial option of justifying a use of force under the “responsibility to protect” (R2P) principle, or (to the extent it is considered distinct from R2P) under the older idea of humanitarian intervention. This option is controversial because, among other things, whether a state can rely on these grounds to use force without Security Council authorization remains hotly debated, indicating that no consensus exists in international law on this question. The Syrian conflict, and the humanitarian debacle associated with it, has revealed the depth of disagreement about, and the difficulties associated with, the R2P principle in international law.

However, even given this controversy, the large-scale use of chemical weapons by a government against civilians in a civil war constitutes an atrocity of sufficient gravity that states can, with some force, argue that international law permits military action against that government without authorization of the Security Council. This argument will agitate the long-standing legal controversy in this area, but the controversy cuts both ways in that its existence means neither position is beyond the legal pale. Potentially effective ways to manage the controversy in order to tip opinion in the direction of using force without Security Council authorization include (1) producing clear and convincing evidence of Syrian government responsibility for a chemical weapons attack, (2) making good faith efforts to try to obtain Security Council authorization for a use of force, and (3) ensuring serious multilateral support for, and participation in, military action against Syria.

US Law

In terms of US law, military strikes by US armed forces would bring questions of constitutional war powers into play, as well as the War Powers Resolution (WPR). Most recently, controversies about the application of constitutional war powers and the WPR erupted in connection with the US air campaign against Libya. To much debate, the Obama administration argued that US military activities against Libya did not constitute “war” under the Constitution or “hostilities” under the WPR. Whether the administration would use the same reasoning with respect to military action against Syria depends on many factors, including the scope and seriousness of US military efforts.

However, we know enough to understand that Libya and Syria are not comparable. To date, US reluctance to get involved militarily in Syria flows, in part, from a realization Syria presents a harder target, and a more difficult operational context, than Libya. These differences would probably require more extensive, much riskier military activities than the US was able to undertake against Libya. Legally, it would be harder to sustain the position that such activities do not constitute “war” under the Constitution or “hostilities” under the WPR. Further, very limited military actions designed to permit re-use of the legal positions taken in the Libya incident could undermine the international legal case that military force is justified in responding to a large-scale atrocity committed with chemical weapons.

To avoid constitutional and statutory problems, the President could seek congressional authorization to use force, but the wisdom of US military intervention into the Syrian conflict has been, and currently is, at issue in Washington, D.C., even in light of the alleged chemical weapons atrocity. Given this, and the nasty political climate between the White House and Congress, it is difficult to believe that Congress would declare war on Syria absent some development that would dramatically change the political calculations inside the Beltway.


Major CW attack reported in outskirts of Damascus

Reports are coming in of a major chemical attack on the outskirts of Damascus.

Syria conflict: ‘Chemical attacks’ near Damascus
21 August 2013 Last updated at 07:08 GMT
http://www.bbc.co.uk/news/world-middle-east-23777201

Video footage very disturbing:

http://bambuser.com/v/3832579

More footage and pictures at

http://www.reddit.com/r/syriancivilwar/comments/1kry33/live_thread_stream_of_videos_coming_out_of/

Poisoning/suffocation looks certain; not sure if nerve agent.

More to come over next hours, I am sure.

See my early comment at The Trench.

Jean Pascal


UN Human Rights Council: Claims of CW Use in Syria, But No Proof

This morning the UN Human Rights Council published the report of the Independent International Commission of Inquiry on the Syrian Arab Republic (ICI).

While detailing the horrors of the escalating civil war and the atrocities committed by both sides, the document was eagerly awaited after Commissioner Carla del Ponte had claimed on Swiss-Italian television four weeks ago that the ICI has evidence of rebel use of chemical weapons (CW). She added that it still had to see direct evidence of government chemical warfare. The next day the ICI clarified that ‘it has not reached conclusive findings as to the use of chemical weapons in Syria by any parties to the conflict. As a result, the Commission is not in a position to further comment on the allegations at this time’. Despite its terseness, it did not exactly refute del Ponte’s asseveration.

The 29-page ICI report, however, supports none of the details in her television interview. The introductory summary notes that ‘there are reasonable grounds to believe that chemical agents have been used as weapons’, but ‘the precise agents, delivery systems or perpetrators could not be identified’. CW are addressed in more detail in Part IV(D) on Illegal Weapons:

136. As the conflict escalates, the potential for use of chemical weapons is of deepening concern. Chemical weapons include toxic chemicals, munitions, devices and related equipment as defined in the 1997 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and Their Destruction. Also applicable is the 1925 Geneva Protocol which Syria has ratified. The use of chemical weapons is prohibited in all circumstances under customary international humanitarian law and is a war crime under the Rome Statute.
137. The Government has in its possession a number of chemical weapons. The dangers extend beyond the use of the weapons by the Government itself to the control of such weapons in the event of either fractured command or of any of the affiliated forces gaining access.
138. It is possible that anti-Government armed groups may access and use chemical weapons. This includes nerve agents, though there is no compelling evidence that these groups possess such weapons or their requisite delivery systems.
139. Allegations have been received concerning the use of chemical weapons by both parties. The majority concern their use by Government forces. In four attacks – on Khan Al-Asal, Aleppo, 19 March; Uteibah, Damascus, 19 March; Sheikh Maqsood neighbourhood, Aleppo, 13 April; and Saraqib, Idlib, 29 April – there are reasonable grounds to believe that limited quantities of toxic chemicals were used. It has not been possible, on the evidence available, to determine the precise chemical agents used, their delivery systems or the perpetrator. Other incidents also remain under investigation.
140. Conclusive findings – particularly in the absence of a large-scale attack – may be reached only after testing samples taken directly from victims or the site of the alleged attack. It is, therefore, of utmost importance that the Panel of Experts, led by Professor Sellström and assembled under the Secretary General’s Mechanism for Investigation of Alleged Use of Chemical and Biological Weapons, is granted full access to Syria.

Is there anything new?
The strongest refutation of del Ponte comes in §138: insurgents ‘may access and use’ CW  refers to a future possibility, not events in a recent past. The 430 interviews and other evidence collected between 15 January and 15 May 2013 yielded ‘no compelling evidence that these groups possess such weapons or their requisite delivery systems’.

Although the next paragraph states that ‘allegations have been received concerning the use of chemical weapons by both parties’, it does not specify from whom the ICI obtained this information. Listing the main allegations between March and mid-May, the sources may just as well have been the UN Secretary General, the formal requests to Ban Ki-moon by Syria, UK and France to launch a formal investigation of alleged use, or the many media reports. It does not assert, as del Ponte did, that ‘Our investigators have been in neighbouring countries interviewing victims, doctors and field hospitals and, according to their report of last week which I have seen, there are strong, concrete suspicions but not yet incontrovertible proof of the use of sarin gas, from the way the victims were treated.’ As a matter of fact, the ICI document does not mention sarin a single time. The mere assumption that no UN member would submit to the Secretary general a frivolous request for an onsite investigation allows the Commissioners to write in the introductory summary that there are reasonable grounds to believe that CW have been used, possibly by both sides. In §140 the ICI nonetheless comes to the obvious conclusion that confirmation or refutation of the allegations will be possible only after samples retrieved directly from victims or the site of the alleged attack by an independent international expert team have been tested.

Much ado about nothing?
It is a plain shame that Carla del Ponte has felt the need to join the global chorus of blabberati. Commentaries will invariably focus on her statements, or on whether the ICI document buttresses the Obama Administration’s position that its self-proclaimed red line has not yet been crossed.

Yet, despite the brevity of the section on CW allegations, the report adopts some remarkably thinking in §136:

  • It accepts the Chemical Weapons Convention (CWC) as a foundation of international criminal law. In particular, it embraces the wide-ranging definition of a CW, which means that for criminal prosecution no discrimination between warfare agents based on an ill-defined lethality criterion is acceptable. The CWC applies to incapacitants and irritants (such as riot control agents, for instance, tear gas), as well as to industrial chemicals such as chlorine (a warfare agent of World War I vintage). Whatever toxicant any belligerent may choose to use, it will fall under the remit of an international criminal court for Syria. This statement may well be a first! (See, for example, Yasemin Balci’s discussion of criminal law in Future of the CWC in the Post-Destruction Phase.)
  • It also refers to the applicability of 1925 Geneva Protocol prohibiting the use of chemical and biological weapons in armed conflict and emphasises Syria’s ratification. The phrasing is interesting, because it juxtaposes rather than cascades both international agreements, thus implying that the scope of the CWC definition of a CW also applies to the Geneva Protocol.
  • It declares CW use as prohibited in all circumstances under customary international humanitarian law and determines that it is a war crime under the Rome Statute. Most significantly, it does so in a separate sentence and without specific referral to the Geneva Protocol. Usually, scholars, lawyers and officials will assert that the Geneva Protocol has entered customary international law. According to their phrasing, the ICI Commissioners strongly suggest that the CWC equally informs the customary norm, which is not without consequence given their emphasis on the CWC definition of a CW. It definitely sharpens the boundaries of a war crime as defined under the Rome Statute.

These points will be and have to be the subject of legal debate to bolster the CW prohibition under any and all circumstances.


The supply of arms to opposition groups in Syria and international law

The Guardian newspaper has made available the text of a discussion paper by the Foreign Ministry of Austria circulated on 13 May 2013 to EU member states, forcefully rebutting British and French arguments for amending the European embargo on Syria to allow weapons shipments to the rebels.

The document, entitled ‘SYRIA: Austrian Position on Arms Embargo’, first puts forward several political and security arguments, among them the following (summary only):

 –          Lifting the EU arms embargo undermines the EU-Russia understanding that opens a window of opportunity towards a renewed political process.

 –          The ‘Syrian National Coalition for Revolutionary and Opposition Forces (SOC)’ does not have full authority and control over all armed opposition groups and cooperates with groups which include various extremist and terrorist fighters.

 –          There are more than enough weapons in Syria.

–          The supply of arms to the opposition by EU member states constitutes an additional threat to the security of UNDOF [United Nations Disengagement Observer Force, which supervises the implementation of the 1974 disengagement agreement and the ceasefire between the Israeli and Syrian forces] peacekeepers, including from Austria.

But the most interesting part of the paper argues that the supply of arms to the Syrian opposition would be in breach of international law and EU law.

The main arguments developed in that respect deserve being quoted in full (I have only made minor typographical changes to the text and omitted certain developments):

1. The supply of arms to the Syrian opposition would amount to a breach of the customary principle of non-intervention and the principle of non-use of force under Art. 2 para. 4 of the UN Charter.

The principle of non-intervention is firmly established in international law. In 2007, former UK Legal Adviser Sir Michael Wood put it in a nutshell: “Intervention on the side of those opposing the Government […] is clearly prohibited” (The Principle of Non-Intervention in Contemporary International Law, Speech by Sir Michael Wood at a Chatham House International Law discussion group meeting held on 28 February 2007). In the 1984 Nicaragua Case the International Court of Justice (ICJ) rejected any alleged right for States to intervene in support of an internal opposition in another State, whose cause appeared particularly worthy for political or moral reasons: “The Court therefore finds that no such general right of intervention, in support of an opposition within another State, exists in contemporary international law” (para. 209). The ICJ also stated that acts constituting a breach of the customary principle of non-intervention would also, if they directly or indirectly involve the use of force, constitute a breach of the prohibition not to use of force in international relations, as embodied in Art. 2 para. 4 of the UN Charter. The continuing relevance of the Nicaragua Case was confirmed by the ICJ in its 2005 judgement in the Case concerning Armed Activities on the Territory of the Congo: “In the case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), the Court made it clear that the principle of non-intervention prohibits a State “to intervene, directly or indirectly, with or without armed force, in support of an internal opposition in another State” (para. 164).

2. The supply of arms to the Syrian opposition would violate EU Council Common Position 2008/944/CFSP on the control of arms exports by EU Member States.

All EU Member States have agreed to abide by Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment when assessing applications to export items listed in the agreed EU Common Military List. An objective assessment of the Criteria in Art. 2 of Common Position 2008/944/CFSP according to the agreed guidance of their interpretation and implementation in the EU’s User’s Guide (User’s Guide to Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment, Doc. 9241/09, 29 April 2009) must lead to a denial of any export licence applications for the envisaged supply of arms to the Syrian opposition:

  • Criterion 2(c) (human rights and humanitarian law): Member States shall deny an export licence if there is a clear risk that the equipment might be used in the commission of serious violations of international humanitarian law. The UN Commission of Inquiry reported that “war crimes, including murder, extrajudicial killings and torture, were perpetrated by anti-Government armed groups” (Report of the independent international commission of inquiry on the Syrian Arab Republic, A/HRC/21/50, 16 August 2012).
  • Criterion 3 (internal situation): Member States shall deny an export licence for military technology or equipment which would provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of final destination. The User’s Guide does not foresee that arms would be supplied to opposition groups involved in an armed conflict and places particular attention on the role of the end-user in a conflict.
  • Criterion 4 (regional peace, security and stability): Member States shall deny an export licence if there is a clear risk that the intended recipient would use the military technology or equipment to be exported aggressively against another country or to assert by force a territorial claim. Despite the 1974 cease-fire agreement, Syria and Israel remain in a state of war, which was recently reignited by Israeli air and missile strikes. The Syrian opposition has not declared to respect the cease-fire, the disengagement agreement or the area of separation.
  • Criterion 5(b) (national security of Member States): Member States shall take into account the risk of use of the military technology or equipment concerned against their forces or those of Member States and those of friendly and allied countries. […]
  • Criterion 6 (behaviour of the buyer as regards its attitude to terrorism, the nature of its alliances and respect for international law): […]
  • Criterion 7 (risk of diversion): […]

3. The supply of arms to the Syrian opposition would amount to a violation of Security Council resolution 2083 (2012) establishing an arms embargo against individuals and entities associated with Al-Qaida. […]

4. Member States supplying arms to the Syrian opposition would incur State responsibility for aiding and assisting in the commission of internationally wrongful acts.

According to Art. 16 of the ILC Articles on State Responsibility a State which aids or assists another State in the commission of an internationally wrongful act is internationally responsible if (a) that State does so with knowledge of the circumstances of the internationally wrongful act ; and (b) the act would be internationally wrongful if committed by that State. The Commentary inter alia states “a State may incur responsibility if it […] provides material aid to a State that uses the aid to commit human rights violations. In this respect, the UN GA has called on member States in a number of cases to refrain from supplying arms an other military assistance to countries found to be committing serious human rights violations” (para. 9). When applying these principles to the envisaged supply of  arms to the Syrian opposition, it is to be considered that war crimes, including murder, extrajudicial killings and torture, are perpetrated by anti-Government armed groups in Syria, as reported by the UN Commission of Inquiry, as well as suicide bombings and attacks against and hostage-taking of UNDOF peacekeepers, as is known from the daily news. Should supplied arms be used by armed opposition groups in Syria in the commission of internationally wrongful acts, the States who had supplied these arms and had knowledge of these acts would incur State responsibility for their aid an assistance in the commission of such acts.

[end of document]

A comment on the Austrian position

The arguments set out in the Austrian paper are in my view well-founded and persuasive, particularly those based on the principle on non-intervention and the relevance of the Nicaragua Case (see on the topic the articles on the Nicaragua Case 25 years after published in 2012 in the Leiden Journal of International Law), and deserve being taken into account very seriously by the decision-makers of countries which advocate allowing weapons shipments to the Syrian rebels.

There is another point that was not mentioned by the paper. Regarding the responsibility issue raised in para. 4 of the document, I would add that if the proposed amendment to the arms embargo is adopted in the framework of the EU CFSP, the 2011 Draft articles on the Responsibility of International Organizations (DARIO) would also be relevant. Indeed, in that situation, international responsibility might also be incurred by the EU itself, in addition to the responsibility of EU member States. Article 17(1) DARIO provides that

[a]n international organization incurs international responsibility if it circumvents one of its  international obligations by adopting a decision binding memberStates or international organizations to commit an act that would be internationally wrongful if committed by the former organization.

 The ILC’s commentary on that provision refers to a statement of the legal counsel of WIPO according to whom

 [. . .] in the event a certain conduct, which a member State takes in compliance with a request on the part of an international organization, appears to be in breach of an international obligation both of that State and of that organization, then the organization should also be regarded as responsible under international law.

 It appears thus that in the event that arms supplied to armed opposition groups in Syria be used by the latter in the commission of internationally wrongful acts, the international responsibility of both the EU as an international organization and of the EU Member States might be simultaneously incurred.

 In any case, it will be interesting to follow the matter, and in particular to see whether proponents of arms supply to opposition armed groups in Syria will put forward international legal arguments supporting their position.

 


Let’s Get Syri-ous About Chemical Weapons

A few days ago Robert Serry, the UN Middle East peace envoy, informed the Security Council of increasing reports on chemical weapon (CW) use in the Syrian civil war. He was right of course: in the first four months of 2013 the total number of alleged incidents had already risen by 500% compared to the whole of 2012. Last year there was one claim of CW use with a specific place and time: an attack with an incapacitating agent—sometimes referred to as BZ, other times as (the non-existent) Agent 15 (part of the Iraq invasion lore) near Homs.

Up to 30 April 2013 five such site- and time-specific reports emerged:

  • 19 March: The Syrian government accused the insurgents of a chemical attack in Khan al-Assal, Aleppo province. The chlorine (which incredibly turned into sarin over time, and ultimately became bleach) in the rocket killed 16 people according to early reports, a figure that eventually rose to 31. Rebel forces quickly put the blame on the Syrian armed forces. As written in an earlier Arms Control Law contribution, pictures and film footage did not support the allegation.
  • 19 March: Rebel allegation of CW attack at Al-Otaybeh, east of Damascus, involving organophosphates. This incident yielded the image of man with foam around the mouth. Foaming is typical of drowning, so the accusation might have had some foundation if the rebels had alleged phosgene use. (Phosgene causes the lungs to be filled with fluid, producing a condition known as ‘dry land drowning’.) However, it is not characteristic of exposure to a nerve agent. A morgue allegedly held six CW fatalities, but not all victims came from Al-Otaybeh.
  • 24 March: Rebels allege the use of ‘chemical phosphorus’ bombs at Adra, near Douma. As they did not report burns, the term could have been a misuse for organophosphates. The reports also referred to poisonous gas of some variety producing convulsions, excess saliva, narrow pupils and vomiting.
  • 13 April: Two women and two children reportedly died from a chemical agent in a bomb dropped by the Syrian air force in Sheikh Maqsoud, Aleppo District. The death toll, however, varied. Twelve people were also reported to have been injured after contact with the initial victims and responded well to atropine treatment.
  • 29 April: Eight people reportedly suffered from vomiting and breathing problems after helicopters had dropped canisters over Saraqeb. One woman later died. One observer presented pictures of canisters similar to one found in Sheikh Maqsoud. While apparently correct, nothing indicates what their contents might have been (some pictures appear to show a bullet exit hole in a canister).

I cannot judge from afar whether these allegations are correct or not. However, I do remain surprised by the lack of visual evidence. In these days of the Internet and when every participant in the Arab uprisings seems to own a camera-equipped smart phone, I cannot find any images or film of victims displaying outward symptoms that correspond with the claimed agent. No images of fatalities; and no images of the areas where the actual attacks took place. Yes, one [1] picture showed a purported site, but did the scattered animals really die from a CW attack?

More strikingly, the allegations lack density. One would/should expect a multitude of reports with a variety of witnesses recounting a more or less similar incident. One would/should expect them evoke different imageries to express their respective emotions and experiences. These help to reconstruct a testable reality, even from afar. For instance, based on the many television reports in the immediate aftermath of the chemical attacks against Halabja in March 1988—internet and mobile phone prehistory!—I was able to sketch a map of the affected area. The layout later proved to be remarkably similar to the drawing in the report by experts from the Belgian-Dutch Médecins sans frontières who were the first foreigners to reach the town. (As I had no sense of distance, dimensions did differ.) If I read that the US State Department is working behind the scenes to identify medical professionals with proof of CW use and planning to move them out of Syria to meet with UN investigators in Turkey, then I really begin to wonder how scant all other evidence now available to governments must be.

Let’s get serious about chemical weapons in Syria

Based on materials available so far, I continue to find it difficult to give any credence to the CW allegations. The claims do not match reported symptoms. There is no evidence-based back-up of specific allegations from different (including government) sources. Nobody has offered serious refutation of plausible alternative explanations for the described phenomena.

With the passage of time even the narrative has changed: a Midas touch has turned chlorine to sarin, the golden accusation of evil (think Saddam; think Aum Shinrikyo). Indeed, the allegations have mouldered into amorphous compost fertilising calls for humanitarian or military intervention, arming the insurgents and regime change. Particularly, US President Barack Obama’s drawing of a red line with regard to chemical warfare in August 2012 and the questioning of his willingness to follow up on his threat in the light of more recent allegations have distorted discussion of what is actually happening on the ground. More to the point: all these issues have little bearing on whether CW were used or not. If humanitarian law judges 80,000 dead in the civil war as insufficient to justify foreign military intervention, then why would a few scores of fatalities from (supposed) chemical attacks sway the international community, represented by the UN and other regional security and humanitarian institutions? Is it perhaps that ‘eighty thousand’ already represents a ‘statistic’, while politicians today are desperately looking for a ‘tragedy’?

There are serious indications—no proof—that something is amiss in Syria. That something is poisoning the air, literally and metaphorically. For this reason alone, credible and independent investigation of incidents is overdue by long. We surely do not want another Curveball knocking democracy unconscious. Or do we?


First modern chemical warfare: 98th anniversary today

On this day, 22 April at 5 p.m. CET the first major chemical attack in modern warfare began 98 years ago, when German Imperial Forces released between 150–168 tonnes of chlorine gas  from almost 6000 cylinders along a 700-metre front near the Belgian town of Ieper.

In a study for SIPRI published in 1997, I summarised the opening of the 2nd Battle of Ypres as follows:

Modern chemical warfare is regarded as having begun on 22 April 1915. On that date German troops opened approximately 6000 cylinders along a 7-km line opposite the French position and released 150–168 tonnes (t) of chlorine gas. Tear-gas (T) shells were also fired into the cloud and at the northern flank, the boundary between French and Belgian troops. Between 24 April and 24 May Germany launched eight more chlorine attacks. However, chemical warfare had not been assimilated into military doctrine, and German troops failed to exploit their strategic surprise. Chemical weapon (CW) attacks in following weeks were fundamentally different as they supported local offensives and thus served tactical purposes. In each case the amount of gas released was much smaller than that employed on 22 April, and crude individual protection against gas enabled Allied soldiers to hold the lines.

Prior to the April 1915 use of a chlorine cloud, gas shells filled with T-stoff (xylyl bromide or benzyl bromide) or a mixture of T-stoff and B-stoff (bromoacetone) had been employed. In addition, as early as 14 February 1915 (i.e., approximately the same period as CW trials on the Eastern front) two soldiers of the Belgian 6th Division had reported ill after a T-shell attack. In March 1915 French troops at Nieuwpoort were shelled with a mixture of T- and B-stoff (T-stoff alone had proved unsatisfactory). In response to the British capture of Hill 60 (approximately 5 km south-east of Ypres), German artillery counter-attacked with T-shells on 18 April and the following days. In the hours before the chlorine attack on 22 April the 45th Algerian Division experienced heavy shelling with high explosive (HE) and T-stoff.

Such attacks continued throughout the Second Battle of Ypres. Although Germany overestimated the impact of T-shells, on 24 April their persistent nature appears to have been exploited for the first time for tactical purposes. Near Lizerne (approximately 10 km north of Ypres) German troops fired 1200 rounds in a wall of gas (gaswand) behind Belgian lines to prevent reinforcements from reaching the front. The park of Boezinge Castle, where Allied troops were concentrated, was attacked in a similar manner.

Just a small thought that almost a century later we are still worrying about the possibility of the use of gas in war.