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

[Cross-posted from The Trench]

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

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

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

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

Civil society rears it head

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

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

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

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

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

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

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

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

So – what can be done?

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

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

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

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

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

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

Time to act is now

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

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

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


Pay up in the name of BW disarmament

[Cross-posted from The Trench]

It was a remarkable act. On 21 March the Permanent Representatives to the UN Conference of Disarmament of the three co-depositories of the Biological and Toxin Weapons Convention (BTWC)—the Russian Federation, United Kingdom and United States—wrote to their colleagues in Geneva to address the question of ‘assessed financial contributions to the Convention’. The matter is extremely urgent:

We have been informed that the funding currently available will only allow the [Implementation Support Unit – ISU] staff to have their contracts extended until end of April 2017. We, therefore, urge all States Parties to the Convention to pay their assessed contributions as soon as possible and to settle their arrears without delay. Without the prompt resolution of this issue, the structures and decisions agreed upon just a few months ago at the Eighth Review Conference will be in serious jeopardy.

But the lack of funding could spell trouble for the BTWC process too:

With respect to the Meeting of States Parties scheduled for December 2017, States Parties are kindly reminded that sufficient funds must be received in advance in order for the meeting to be organized as scheduled. The financial situation will be monitored regularly and a decision will need to be made three months prior to the meeting as to whether or not it can be held as planned.

For those in Geneva closely monitoring the health of the BTWC, the issue of non-payments is not new, but acquired greater urgency throughout 2016 to the point that the 8th Review Conference last November discussed the matter several times during the three-week meeting. As stated in the final document (p. 22, §12):

The Conference notes that, under new UN financial procedures, funds must be available before meetings can be held. The Conference requests States Parties to proceed with the payment of their share of the estimated costs as soon as the assessment notices have been received from the United Nations to help ensure that the meetings can be held as scheduled.

Not just the BTWC

The issue is not unique to the BTWC. Merely a few weeks before the 5th Review Conference of the Convention on Certain Conventional Weapons (the so-called Inhumane Weapons Convention or CCW) was due to take place (12–16 December 2016) people were in despair whether it could be held at all. The CCW ISU even had to organise two informal briefings chaired by the President-designate on 8 and 14 November 2016 to discuss the financial challenges. As the CCW ISU wrote in its report covering the previous intersessional period:

An issue of significant importance in 2016 is the timely payment by States of their financial obligations under the framework Convention, Amended Protocol II and Protocol V to which they are High Contracting Parties, or meetings and conferences in which they participate as States not parties (observers). This has ended up being a major area of work for the ISU. The existing United Nations Financial Rules and Regulations have always required that funds are received in advance of incurring expenditures such as the organising of meetings and conferences under the CCW and the salary costs for the two ISU staff members. Recent financial accountability initiatives including the introduction of International Public Sector Accounting Standards (IPSAS) and the introduction of the new Enterprise Resource Planning (ERP) system, Umoja, are bringing greater transparency as well as stricter enforcement of these rules and regulations. These initiatives will no longer allow the Secretariat to convene a meeting or renew contracts of staff members, unless the necessary cash has been received in advance and previous arrears are paid in full.

This document also detailed the resource burden the arrears place on the small ISU (2 persons) and UN Office of Disarmament Affairs (UNODA):

UNODA, the Financial Resources Management Service (FRMS) of the United Nations Office at Geneva (UNOG) and the ISU are working together to address the current financial situation. Letters were dispatched to States reminding them of their outstanding dues, comprising their 2016 assessed contributions and past unpaid arrears. The ISU directly contacted States, updated the website on the status of contributions and facilitated the sending of messages on behalf of the President-designate on the financial crisis concerning the Review Conference. In addition, the High Representative for Disarmament Affairs, Mr. Kim Won-Soo, has brought this matter to the attention of the UN Member States in his statement at the UNGA’s First Committee and sent letters to all those States with outstanding dues.

In a letter similar to the one addressed to BTWC states parties dated 1 March, the UK’s Permanent Representative in his capacity of Chairperson-elect of the 2017 CCW Meeting urged states parties to meet their financial obligations:

Any outstanding arrears and the 2017 assessed contributions for the CCW must be received as soon as possible in order to ensure the continuity of the CCW Implementation Support Unit (ISU), particularly its staff members. Currently the funding available will only allow the ISU staff to have their contracts extended until the end of April 2017.

Blame it on Umoja …

The financial troubles affecting the implementation of multilateral disarmament and arms control treaties are not new. However, it is striking how last year they almost brought the work of agreements administered by the United Nations to a screeching halt. For treaties whose implementation is overseen by bodies outside the UN system, parties had to adopt specific measures to coax states into paying their arrears. The Organisation for the Prohibition of Chemical Weapons (OPCW), having faced similar challenges for several years, has adopted multi-year payment plans. It can also coerce a recalcitrant member into paying by taking away its voting rights. Or by less formal measures … For instance, last year an ever louder suggestion circulated that the Technical Secretariat would no longer consider hiring Brazilian nationals until the country had fulfilled all its financial obligations. (On Brazil, more below.)

The United Nations adopted an organisation-wide resource planning system, which takes care of all staff and financial administration, including record-keeping, workflow and communications, as well as any activities undertaken by UN agencies. It controls the work of any UN operative even in the most far-flung places on this planet. Commonly known as Umoja—Swahili for ‘united’—it is former UN Secretary-General Ban Ki-moon’s brainchild. It was rolled out in November 2015 but the inevitable growing pains became an immediate source of intense frustration among UN staff. As UN connoisseur Colum Lynch noted in Foreign Policy half a year later, the software required several years of development work at a cost of over $400 million. Still, he reported that because of the chaos it created people could go without pay for several months (a claim disputed by a UN spokesperson) and that the UN was struggling with outside contractors.

Umoja also places full administrative responsibility with the individual, irrespective of the person’s job description. There is little room for delegation or functional specialisation. Data input for the simplest of tasks, e.g. registering a travel mission, requires several pages of input. Organising a seminar halfway across the world against a tight deadline can be even more challenging, particularly if mandatory minimal bureaucratic timelines cannot be met. The slightest mistake blocks the whole process; a software glitch that fails, for example, to connect administration with finance to release the required funds can take many hours, if not days to locate people not just in the building where one works, but also at one’s destination. And when things seem to get arranged in Geneva, somebody in New York can still override the whole process, and without notification or explanation make different and unasked arrangements that suit nobody and end up costing a lot more. Of course, by the time such an intervention is nullified, original arrangements have been cancelled.

Umoja indeed concentrates a lot of bureaucratic power in New York, but has made administrative responsibility diffuse. Today people claim that Umoja works much more smoothly than in 2016. One may wonder whether this is the case, or whether UN staff is falling prey to some bureaucratic variant of the Stockholm syndrome.

But let us not digress too far. The core point concerning the rigidity imposed by Umoja is that even the smallest expense must have a specific budget line. Insufficient budgetary provision automatically entails that no money can be expended. Given the interconnectedness of all elements in Umoja’s process flow, the organisation of a meeting will therefore be automatically blocked.

… but it is really an individual responsibility of states parties

US$ 379,556.66. That is the deficit the BTWC was facing on 28 February. The budgeted expenditure for 2017 amounts to $1,109,500. Over one third of the money due has not yet been paid into the accounts. As the tables prepared by UNODA show, the nature of the deficit is even more hallucinating. Some arrears go as far back as 2001, year of the 5th Review Conference!

For the current year the deficit appears less dramatic at first sight: just under $27,000. In reality, however, the UN received only $759,796 in contributions. The remaining $322,767 comprises overpayments from states parties, money that in principle the UN ought to refund at the end of the year (i.e. 2016).

Thirteen out of 178 states parties owe UNODA money in excess of $10,000 (See Table 1). An additional 32 states are between 1,000 and $10,000 in arrears. The majority—107 states parties—have negative balances of less than $1000, of which 51 owe less than $100.

Twenty-six countries have paid a combined $322,767 in excess of what is due. In all but 8 cases the overpayment amounts to less than $1,000 and in many instances to less than $100. The overpayment by two countries stand out: the USA ($249,491 or 77.3%) and Saudi Arabia ($57,711 or 17.88%).

Table 2 shows that in seven cases the outstanding money is for 2017 only. A quick glance at the comprehensive table prepared by UNODA indicates this is also the case for many other countries.However, the responsibility of one country for the financial crisis is overwhelming: Brazil owns 78.6% of the total deficit of the BTWC. With the exception of 2011 it has defaulted on its financial obligations or paid its dues only partially since 2001. While it is true that 16 other states also owe UNODA money from before 2015, their combined outstanding balance amounts to $75,678. (As Table 2 demonstrates, three of those countries are also listed among the states parties owing more than $10,000 and are responsible for $57,472 of that debt).

Urgent response needed

While one can easily envisage Umoja provoking computer screens to fly across offices, it still remains the responsibility of individual states parties to meet their commitments under international treaties. In fact, it is because of Umoja that the scale of the disarmament deficit could be laid out in detail. And the management tool is discretely being deployed to diplomatically name and shame recalcitrant payers.

In October 2016, a mere two weeks before the start of the 8th Review Conference, the ISU prepared the first information document on the status of assessed contributions to the BTWC from 2001 up to 21 October 2016. The total outstanding balance was then $196,964. Comparison with the table issued in February shows that many states parties promptly responded, leading to a different pattern in overdue balances. The overall sum due increased by over $80,000, but as indicated earlier, many states still have to transfer their contribution for 2017.

At first sight, the situation may not appear as dramatic as suggested in the letter by the co-depositories. However, this is where Umoja raises its head again. Received funds have to be spread over different budget lines. Some of these budget lines will not be used until a specific event takes place (e.g., document printing or interpretation for a meeting); other ones cover regular expenditure (e.g., salaries). Umoja is all but inflexible about money transfers from one budget post to another (even temporarily). So, if the budget line for salaries is not replenished in time, then the ISU staff goes without remuneration, even if money were available for documents or interpretation to bridge a temporary gap. Alternatively, even with salary cost fully funded for some months, if insufficient money is available to organise an event, such as a meeting of states parties, then that event is in jeopardy. This explains the urgency in the call for contributions. The ISU cannot draw on a working capital fund like the OPCW, which it used to cover temporary financial shortcomings, or reserves. And while the ISU is placed under UNODA, it does not belong to the core UN units. As a consequence, it cannot draw on central UN reserves or spare resources in case of a temporary shortfall. (The same goes when an ISU staff member is on sick or maternity leave: because the absentee continues to receive remuneration, no other person can be hired on the same budget line and the ISU cannot draw on a central pool of UN staff resources.)

Looking at how the OPCW addresses unpaid dues by states parties, it is clear that Umoja imposes bureaucratic rigidity and limits human initiative. Yet, in all likelihood adaptation of the way in which the BTWC is administered will alleviate, if not resolve the current financial anxieties. Still, this does not absolve the responsibility of individual states parties to pay their dues in time.

Brazil bears an overwhelming responsibility for the current crisis: it owns more than three-quarters of the overall deficit of the BTWC. Its arrears go back a decade and a half. This is not the consequence of a single incident or forgetfulness. The period in question covers moments of more than average GDP growth as well as the recession of the past two years. The problem manifests itself is different disarmament and arms control forums, including the OPCW. Last summer Brazilian officials indicated publicly and privately that money was being made available to address this deficit of the BTWC. However, comparing  the UNODA tables presented in October 2016 and February 2017 reveals no reduction in the outstanding balance. Quite on the contrary.

It will be up to the BTWC states parties and the highest political level in the United Nations to bear pressure on Brazil to resolve this matter urgently.


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.

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Education & outreach in chemical weapon disarmament

Exactly one year ago today, the Conference of the States Parties in its 20th session decided on the establishment of the Advisory Board on Education and Outreach (ABEO) as a subsidiary body to the Organisation for the Prohibition of Chemical Weapons (OPCW).

In 2016 the 15-member board met twice and formulated its first sets of recommendations. On 1 December I reported on the ABEO’s work to the 21st session of the Conference of the States Parties. Due to a 7-minute time restriction I could deliver only a summary of the most important points. Below is the full text of the statement as circulated to the states party to the Chemical Weapons Convention.

[Cross-posted from The Trench]


Statement by Dr Jean Pascal Zanders
Chairperson of the OPCW Advisory Board on Education and Outreach, to the 21st Conference of the States Parties to the Chemical Weapons Convention
The Hague, 1 December 2016
Mr Chairperson,
Director-General,
Excellencies,
Ladies and Gentlemen,

At last year’s Conference of the States Parties you decided to establish the Advisory Board on Education and Outreach (ABEO) as one of the subsidiary bodies of the Organisation for the Prohibition of Chemical Weapons (OPCW). The ABEO received as mandate to advise the Director-General or States Parties on matters of education, outreach and awareness-raising, and public diplomacy concerning the Chemical Weapons Convention (CWC) and its international and domestic implementation in relation to States Parties and key stakeholder communities. Put differently, it seeks strategies to assist the OPCW with deepening the involvement of the stakeholder communities in preventing the re-emergence of chemical weapons.

The Director-General appointed 15 members to the Board, whose mandate started on 1 January of this year. Based on the principle of equitable regional distribution, they comprise:

  • 3 persons from Africa: Kenya, Morocco and South Africa;
  • 4 persons from Asia: China, India, Iraq and Japan;
  • 2 persons from Eastern Europe: Poland and the Russian Federation;
  • 2 persons from Latin America and the Carribean: Argentina and Mexico; and
  • 4 persons from Western Europe and Other States: Belgium, Germany, the United kingdom and the United States.

Two members—Prof WANG Wencai (China) and Dr Austin ALUOCH (Kenya)—are Alumni of the Associate Programme. One member, Prof. Alastair Hay (UK), is a recipient of the 2015 OPCW–The Hague Award. While the ABEO resulted from groundwork laid by the OPCW Scientific Advisory Board (SAB), ABEO membership includes not just chemists and other scientists, but also experts with backgrounds in the political sciences, history, diplomacy, as well as persons well versed with issues in chemical weapon disarmament, education and outreach strategies, or the functioning of National Authorities.

In addition, and as a first for Advisory Boards, the ABEO can also benefit from the expertise of select observers. Observers are non-permanent and they are invited in function of the meeting agenda. However, the Rules of Procedure stipulate that a representative of the International Union for Pure and Applied Chemistry (IUPAC) is to participate in the ABEO’s work as a permanent observer. At their second meeting in October 2016, the Board Members decided to accord a similar status to a representative from the International Council of Chemical Associations (ICCA).

In its first year of activity the ABEO has met twice, in April and October 2016. With the help from the Technical Secretariat an electronic discussion platform has been set up, so that Members can continue to discuss and develop recommendations in the so-called ‘intersessional period’. This electronic platform allows the setting up of sub-groups in which ABEO Members, as well as observers, can develop ideas and discuss working papers on topics decided at the preceding meeting. The goal is to have well-conceived proposals for final consideration and adoption by the full Board.

Towards common understandings

Mr Chairperson, the first meeting (28–29 April 2016) focussed mainly on team building. Each member and observer presented an overview of their education and outreach activities, thereby highlighting objectives and describing their respective methodologies. The Board furthermore heard detailed briefings by Technical Secretariat staff members. Substantive work developed along two tracks, namely specific requests submitted to the Board by the Director-General requiring short-term replies, and identification of strategic-level, i.e., longer-term aspects of developing education and outreach methodologies.

Strategic-level thinking implies a need for common understandings for key concepts and terms as well as identification of key stakeholder communities. It also implies the identification, elaboration and prioritisation of issue areas, the development of multi- and cross-disciplinary approaches to education and outreach, and the permanent evaluation of tasks and activities in function of changing circumstances under which the OPCW must continue to function.

The ABEO proceeded in its second meeting (4-6 October 2016) with identifying key stakeholder communities and plotting how they and the OPCW interact with each other.

Interaction between stakeholder communities and the OPCW

Interactions between stakeholder communities and the OPCW

As the CWC effectuated a clear division of labour between the Technical Secretariat and the National Authorities it followed naturally that stakeholdership in the convention exists on both the international and national levels. From the exercise also followed the insight that certain stakeholder communities may be targets of the OPCW’s education and outreach activities, while they may be partners under different circumstances. The press is a case in point. A well-conceived public diplomacy strategy can clarify to journalists the CWC’s intricacies, the functioning of the OPCW and the tasks and responsibilities of the Technical Secretariat in its various missions. When the OPCW makes the headlines, the media will be better situated to reflect accurately the challenges and opportunities facing the community of States Parties.

For its deliberations, the ABEO accepted working definitions for concepts such as education, outreach, training and public diplomacy. Such differentiation in turn enabled identification of primary strategies to be developed under each concept in function of the type of stakeholder community to be engaged. Moreover, it will also enable the ABEO to take into consideration different regional and local cultural approaches to education and outreach. The ABEO Members are agreed that no single methodology can fit all circumstances.

First substantive recommendations

The upcoming 20th Anniversary of the CWC’s entry into force was one area that preoccupied the ABEO in its first year. During the intersessional period the subgroup dedicated to the topic already submitted to the Technical Secretariat a list with concrete programme elements and activity proposals. At the second meeting the ABEO formulated more conceptual recommendations. These include:

  • to brand the celebration as ‘20th Anniversary Year’ to emphasise that a series of activities rather than a single event will commemorate the CWC’s entry into force, as well as provide a common heading for all regional and national commemorative activities;
  • to set up a website dedicated to the 20th Anniversary Year with information about events. A celebration-specific logo could be adopted;
  • to promote besides the major event in The Hague global, regional and national celebration;
  • to ensure OPCW strategic outreach to stakeholders. The 20th anniversary celebration in The Hague should include senior representatives of the sciences and industry. For other activities, appropriate regional or international industry and scientific organisations ought to be invited;
  • to celebrate the science behind the effectiveness of the OPCW in meeting its mandate in regional or national events. These could be organised back-to-back with regional National Authority events and involve key partners, such as academe and industry;
  • to produce a film on the destruction of chemical weapons so as to preserve some filmic record of these processes for future education of scientists and engineers;
  • to provide early notification to enable organisational planning of regional and local events; provide funds to initiate and support such regional and organisation; and create outreach material on the OPCW and the CWC, specific to the 20th Anniversary Year, for broad distribution.

A global campaign condemning the use of the industrial toxic chemicals—chlorine in particular—as weapons led to many letters by chemical associations worldwide and increasingly by chemical industry associations being sent to the Director-General. The ABEO recommended that these letters be publicised on the OPCW website. It gives me great pleasure to note that this recommendation was implemented last Tuesday (29 November).

The ABEO also recommended a thorough review and overhaul of the OPCW’s public diplomacy strategy in function of permanent, systematic engagement with stakeholder communities.

Other recommendations addressed youth outreach and engagement of civil society during sessions of the Conference of the States Parties. Some elements are already being implemented, such as briefings on the workings of the Technical Secretariat to the members of the CWC Coalition attending the 21st Conference of the States Parties.

Current activities

Mr Chairperson, in preparation for its third meeting next March, an ABEO working group is considering in detail how to assist National Authorities with carrying out education and outreach activities. In particular it will seek to enhance regional coordination among National Authorities, encourage use of existing educational materials, and stimulate ideas for developing new ones. Online educational tools already developed by the Technical Secretariat will be assessed and recommendations for methodological harmonisation and other improvements submitted.

A second working group is looking into ways to engage specific stakeholder communities, in particular scientific associations, industry, professional organisations and other expert communities. Primary themes to be developed include raising barriers against erosion of norm against chemical weapons and the CWC, means and ways of keeping those stakeholder communities informed and engaged in Convention-mandated activities, and engaging them in the further development of the treaty regime in light of the changing national or international environments in which the CWC must remain relevant.

Other working groups of ABEO Members will consider recommendations on how to address immediate challenges to the CWC regime as part of a public diplomacy strategy, ways to engage with other international organisations in promoting peace and disarmament education.

Work will also continue on ‘Longer-term strategies’, ‘Outreach at the regional, national and local levels’ and ‘Youth outreach’.

Besides these activities ABEO Members have also actively participated in regional seminars for National Authorities organised by the Technical Secretariat. In my capacity as Chairperson I made presentations on opportunities for education and outreach in the Workshop on Article XI implementation and the Annual Meeting for National Authorities. Finally, the ABEO and the Scientific Advisory Board have established a working relationship and plan to collaborate and consult with each other in areas of common interest.

Mr Chairperson, by way of conclusion I wish to thank on behalf of the Board Members all States Parties that have recognised the work of the ABEO in its first year and support its goal of promoting substantive interaction between the OPCW and its many stakeholder constituencies with a view of safeguarding the world from a re-emergence of chemical weapons. We are looking forward to your continuing endorsement, including in a more tangible form when we will set up a trust fund to support our projects and activities. And as a final reminder: you the States Parties can also request the ABEO’s advice on pertinent matters.

I request that the full text of this statement be considered as an official document of the Conference and published on the OPCW public website.

I thank you.

 


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.


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]