Deciding on emergency assistance in case of biological weapons use

[Cross-posted from The Trench]

Today, in the Palais des Nations in Geneva we presented the report on the Tabletop Exercise (TTX) on the Implementation of Article VII of the Biological and Toxin Weapons Convention (BTWC), which the Fondation pour la recherche stratégique (FRS) and the BTWC Implementation Support Unit (ISU) organised in cooperation with UN Regional Centre for Peace and Disarmament (UNREC) organised in Lomé, Togo on 28–29 May 2019.

Presenting the report summary to participants in the BTWC Meeting of Experts

Dr Ralf Trapp sharing his experiences. (With Ms Amélie Delaroche, Deputy Head of French Mission and Dr Élisande Nexon, FRS)

Being one of the more obscure provisions in the BTWC, Article VII only attracted state party attention over the past ten years or so. In follow-up to the decision of the 7th Review Conference (2011), parties to the convention looked for the first time more closely at the provision during the August 2014 Meeting of Experts (MX). As it happened, the gathering coincided with the expanding Ebola crisis in West Africa. The epidemic gave urgency to the concrete implementation of Article VII. The daily images of victims and fully protected medical staff broadcast around the world left lasting impressions of how a biological attack from another state or terrorist entity might affect societies anywhere.

Operationalising Article VII has proven more complex than anticipated. The provision comprises several clauses that fit ill together upon closer inspection and hence obscure its originally intended goals. In addition, it contains no instructions about how a state party should trigger it or the global community respond after its invocation.

The 8th Review Conference (2016) ended in failure. The only provision that received significant new language was Article VII, which in the final report now comprises 15 paragraphs that list objectives, challenges and possible ways forward. In the current intersessional period (2018-20) a two-day MX entitled ‘Assistance, Response and Preparedness’ is held every year and will hopefully yield new insights and decision proposals for consideration during the 9th Review Conference in 2021.

The TTX banner in the plenary meeting room at UNREC, Lomé, 30 May 2019

The TTX at UNREC in May 2019 was the second one run by the FRS. It brought together experts from the Francophone countries in West Africa: Benin, Burkina Faso, Côte d’Ivoire, Guinea, Mali, Mauritania, Niger, Senegal, and Togo.

Like with the first TTX in November 2016, the exercise in Lomé sought to achieve a better understanding of the elements required to trigger Article VII and the consequences such action may have on the organisation of international assistance. Moreover, the second TTX also aimed to achieve a deeper appreciation of the unique contribution of the BTWC in addition to the expected assistance efforts by international organisations, relief associations and individual countries.

One of the breakout groups contemplating the implications of triggering BTWC Article VII in response to presumed BW use. Lomé, 30 May 2019

The TTX put into sharper relief certain questions BTWC states parties will have to address even before the first item of assistance is shipped to the disaster area. Discussions in Lomé especially highlighted the relationship between normal assistance in case of a health emergency and the types of assistance that might specifically be delivered under the BTWC.

Report

Jean Pascal Zanders, Ralf Trapp and Elisande Nexon, Report of the Tabletop Exercise (TTX) on the Implementation of Article VII of the Biological and Toxin Weapons Convention (BTWC) (Fondation pour la Recherche Stratégique, Paris, August 2019)

Earlier publications

Jean Pascal Zanders, Elisande Nexon and Ralf Trapp, Report of the Tabletop Exercise (TTX) on the Implementation of Article VII of the Biological and Toxin Weapons Convention (BTWC) (Fondation pour la Recherche Stratégique: Paris, July 2017)

Jean Pascal Zanders, The Meaning of ‘Emergency Assistance’: Origins and negotiation of Article VII of the Biological and Toxin Weapons Convention (The Trench and the Fondation pour la recherche stratégique: Ferney-Voltaire and Paris, August 2018)

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Triggering Article VII of the BTWC

More complex than imagined

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

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

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

The tabletop exercise aimed to understand better the elements that would have to be in place to trigger Article VII and the consequences such action may have on the organisation of international assistance. Moreover, the tabletop exercise also aimed to achieve a deeper appreciation of the unique contribution of the BTWC in addition to the expected assistance efforts by international organisations, relief associations and individual countries. It put into sharper relief certain questions BTWC States Parties will have to address even before the first item of assistance is shipped to the disaster area. Failing to do so, the tabletop exercise suggested that States, depending on their individual assessment of the risks following the outbreak and the cause of the epidemic, may decide on totally different courses of action, an outcome that might severely hamper the international coordination of efforts to stem the outbreak and assist victims.

The report offers 12 conclusions and recommendations for future consideration.

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

[Cross-posted from The Trench]


Emergency assistance: Triggering Article VII of the BTWC

[Cross-posted from The Trench]

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

8-9 November 2016, Palais des Nations, Geneva

(Provisional report)

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

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

Each State Party to this Convention undertakes to provide or support assistance, in accordance with the United Nations Charter, to any Party to the Convention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention.

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

20161108 BTWC Article VII TTX-01

French Ambassador Alice Guitton opening the tabletop exercise

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

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

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

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

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

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

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

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