[Cross-posted from The Trench]
On 20 August, the Russian anti-corruption activist Alexei Navalny fell ill during a return flight to Moscow and was hospitalised in the Siberian town of Omsk after an emergency landing. Members of his travelling party immediately suspected poisoning, an impression hospital staff reinforced when they refused Navalny’s personal physician access to his medical records.
Following his airlifting to Berlin for further examination and specialist treatment, the Charité hospital issued a statement on 24 August that preliminary findings indicated exposure to ‘a substance from the group of cholinesterase inhibitors’. Even though the hospital could then not name the specific poison used, it added that multiple tests by independent laboratories had confirmed the effect of the poison. The hospital was also treating him with the antidote atropine. The references to a cholinesterase inhibitor and atropine were the first strong indicators of a neurotoxicant, to which nerve agents like sarin, VX or the novichoks belong.
A week later, on 2 September, German Chancellor Angela Merkel confirmed the assassination attempt with a novichok agent at a press conference. She drew on the conclusions from biomedical analyses by the Institut für Pharmakologie und Toxikologie der Bundeswehr (Bundeswehr Institute of Pharmacology and Toxicology), one of the top laboratories designated by the Organisation for the Prohibition of Chemical Weapons to investigate biomedical samples.
From natural poisons to warfare agents
Poisoning political opponents or enemies is not new. In his almost 600 pages-long ‘Die Gifte in der Weltgeschichte’ (1920) the German pharmacologist Louis Lewin detailed chapter after chapter how besides criminals and spurned lovers, rulers, leaders, undercover agents and conspirators applied the most noxious substances in pursuing domestic political or international geopolitical objectives. Reviews of chemical and biological weapons (CBW) usage through the 20th century similarly list successful and attempted assassinations with mineral poisons or animal and plant toxins in and outside of war.
Modern chemical weapons (CW) – typically human-made toxic compounds standardised for use on battlefields – have rarely been selected to target individuals. Observers and journalists reported first use of nerve agents by Iraq against Iran in 1983, almost five decades after their initial discovery in Nazi Germany. In March 1995 the world learned of Aum Shinrikyo after its members had released the nerve agent sarin in the Tokyo underground. However, during the previous eight months the extremist cult had also resorted to both sarin and VX in attempts to assassinate judges about to rule against Aum Shinrikyo and individuals who posed a threat or had defected from the religious group. These were the first and for more than a decade and a half the only reports of neurotoxicants used to murder individuals.
The Democratic People’s Republic of Korea (DPRK) eliminated Kim Jong-nam, half-brother of North Korean leader Kim Jong-un, with a binary form of VX in February 2017. Just over a year later, in March 2018, Russian operatives attempted to murder a former double agent Sergei Skripal in Salisbury, UK with a nerve agent belonging to the lesser known family of so-called ‘novichoks’ (newcomer). Skripal’s daughter and a police officer were also exposed to the toxicant. They too survived. In June two British citizens fell ill in the nearby town of Amesbury because of exposure to the agent in a small bottle discarded by the Russian agents. One exposed person succumbed.
Following the Skripal case the Bulgarian Prosecutor General reopened a poisoning case in October 2018 at the request of the victim, arms manufacturer and trader Emilian Gebrev. The assassination attempt dated to April 2015. Also exposed were his son and the production manager of the Dunarit munitions factory. The Prosecutor General confirmed that a Russian operative linked to the Skripal attempt had visited Bulgaria at the time of the incident. Subsequent forensic analysis of serum and urine samples from Gebrev by the Finnish laboratory VERIFIN confirmed the poisoning. According to the UK-based CW expert Dan Kaszeta, who read a copy of the report, the Finnish institute intimated that Gebrev might have been exposed to an organophosphate pesticide. A Bulgarian news outlet has suggested the agricultural insecticide Amiton (also known as Tetram). Now commercially banned because of its high toxicity, in the 1950s the UK investigated its use as a nerve agent under the code VG.
Some reports have also claimed that Aum Shinrikyo murdered around 20 dissident members and defectors with VX in one of the cult’s compounds. To the best of my knowledge no documentary evidence to support the claim has been published.
Previous assassination operations involving nerve agents
Nerve agents were battlefield weapons, mostly liquids of different viscosity. The volatile sarin could prepare the pathway of an attack, whereas the oilier tabun and VX had their greatest utility as area denial weapons for defending terrain or protecting flanks during an advance. Their manufacture in large volumes is complex and maintaining their stability during longer-term storage is a hurdle that even few states have satisfactorily crossed. In laboratory volumes, a skilled chemist may be able to synthesise agent of high purity. But this person would have to take the greatest precautions to avoid inadvertent exposure to its noxious properties. While the relatively high toxicity of nerve agents may appear attractive to terrorists or assassins, the marginal benefit they offer over other terrorist or criminal tools is usually too small to make the investments or risks worthwhile. Hence, their use by terrorists or criminals has been rare.
Until recently, their use in assassination operations would have been considered even rarer, especially because of the poor results obtained by the Japanese cult Aum Shinrikyo in the first half of the 1990s.
The following table summarises known assassination operations with neurotoxicants.
|27 June 1994||Aum Shinrikyo||Sarin released in Matsumoto from a converted lorry to kill three judges who were to rule in a land dispute. They survived. However, the drifting sarin cloud eventually killed eight persons and injured over 500.|
|Autumn 1994||Aum Shinrikyo||Suspected VX attack against Taro Takimoto, lawyer for Aum victims. The agent had been applied on the handle of his car door. Failed, reasons unknown|
|Autumn 1994||Aum Shinrikyo||Second suspected VX attack against Taro Takimoto. The agent had been inserted into a keyhole. Failed, reasons unknown. (Aum reportedly also attempted to murder this person with botulinum toxin around this time.)|
|28 November 1994||Aum Shinrikyo||VX squirted from a syringe onto Noboru Mizonu in retaliation for offering shelter to former Aum members. Failed.|
|2 December 1994||Aum Shinrikyo||Second attack on Noboru Mizonu with VX delivered drop by drop from a syringe. Hospitalisation for 45 days required.|
|12 December 1994||Aum Shinrikyo||VX injected with a syringe into Tadahito Hamaguchi in Osaka, having been misidentified as a police spy. First person ever to have been deliberately killed with VX.|
|4 January 1995||Aum Shinrikyo||VX syringe attack against the head of the Aum Victims Society, Hiroyuki Nagaoka. Hospitalised for several weeks.|
|28 April 2015||Russia||Bulgarian arms trader Emilian Gebrev poisoned with an organophosphorus compound. Two other persons present also suffered consequences. Following the Skripal case in March 2018, a possible link to novichok has been suggested but not confirmed. Bulgaria charged three Russian operatives with attempted murder in January 2020, one of whom is also a suspect in the Skripal case.|
|13 February 2017||DPRK||Attack with binary VX on Kim Jong-nam, half-brother of Kim Jong-un, DPRK leader, at Kuala Lumpur International Airport, Malaysia. Killed.|
|4 March 2018||Russia||Assassination attempt with a novichok agent, presumed to be A-234, on former Soviet/Russian intelligence officer, Sergei Skripal, in Salisbury, UK. His daughter Yulia was also exposed to the neurotoxicant, which Russian operatives had applied to the door handle of Skripal’s home. Detective Sergeant Nick Bailey too suffered effects from exposure. All three persons recovered after multiple weeks in hospital.|
|30 June 2018||Russia||Charlie Rowley and Dawn Sturgess were hospitalised in the nearby town of Amesbury following inadvertent exposure to novichok after having recovered a vial discarded by the Russian operatives. Sturgess died on 8 July; Rowley recovered after hospitalisation.|
|20 August 2020||Russia||Assassination attempt on Russian opposition politician Alexei Navalny with a novichok agent, presumed in powdered form, at Tomsk airport, Russia. Still hospitalised in Berlin at the time of writing.|
|[Sources: Anthony T. Tu, The use of VX as a terrorist agent (2020); Monterey Institute of International Studies, Chronology of Aum Shinrikyo’s CBW Activities (2001); and assorted press reports.]|
There have been 12 incidents with neurotoxicants. Eleven persons were the direct target, of whom two died.
Around 520–530 other individuals in total suffered exposure to the poisonous substances. Nine among them died. Aum Shinrikyo’s sarin cloud attack against the judges’ dormitory in Matsumoto caused almost all collateral casualties.
Six persons other than the immediate targets fell victim to Russian operatives, one of whom succumbed to the poisoning.
Only in one listed operation (Gebrev) remains the use of a military type of nerve agent unconfirmed.
[Cross-posted from The Trench]
On 18 April 2018 the Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) held its 59th meeting, which was wholly dedicated to the assassination attempt with a nerve agent of the Novichok family. The Technical Secretariat presented its classified full ‘Report on Activities Carried out in Support of a Request for Technical Assistance by the United Kingdom of Great Britain and Northern Ireland (Technical Assistance Visit TAV/02/18)’. A summary released by the Technical Secretariat on 12 April, although lacking in detail, stated that:
- Two OPCW designated laboratories confirmed that the three hospitalised individuals had been exposed to a toxic chemical;
- Another two OPCW designated laboratories confirmed the presence of the toxic chemical in environmental samples;
- The results confirmed the UK’s findings relating to the identity of the toxic chemical; and
- The TAV noted the high purity of the agent because of the almost complete absence of impurities.
Russia’s unprecedented revelation of the identity of a designated laboratory in an investigation
Prior to the Executive Council meeting Russia caused an uproar when Foreign Minister Sergei Lavrov publicly identified one of the designated laboratories involved in the analysis of samples (Spiez laboratory, Switzerland). In his address to the Assembly on Foreign and Defence Policy on 14 April, he also confirmed the identification of Substance A-234 (a Novichok agent) and furthermore claimed (from Russian via Google Translate):
Based on the results of the examination, the traces of the toxic chemical BZ and its precursors belonging to the chemical weapons of the second category in accordance with the Convention on the Prohibition of Chemical Weapons are found in the samples. BZ is a nerve agent temporarily disabling a person, psycho-toxic effect is achieved in 30-60 minutes and lasts up to four days.
This recipe was in the arsenal of the US Army, Great Britain and other NATO countries, there were no developments or accumulations of these chemical compounds in the Soviet Union and Russia.
The statement as such contains two errors.
[Cross-posted from The Trench]
Since the assassination attempt on Sergei and Yulia Skripal with a nerve agent now just over one month ago, so much has been written about ‘Novichok’; so much has been opined about what ‘Novichok’ is meant to be (if it exists at all); and so much smoke has been spewed about what the identification of ‘Novichok’ suggests about culprits. This blog posting is the first of several to look into a specific aspect of the discussions concerning Novichok in the hope of clarifying where certain positions come from and what factual knowledge exists about this group of nerve agents.
Facts have been scarce. In fact, as a member of the public with long-time interest in chemical and biological weapons, I know very little about what took place in Salisbury on 4 March. I still have to see the first statement from British authorities—government officials, police, scientists at the Defence Science and Technology Laboratory (DSTL) at Porton Down—in what form the Novichok agent was delivered. Was it a liquid? A solid in powdered form? A binary concoction? Delivered in a gel or ointment? Anything else?
‘Novichok’ as we know the family of nerve agents today was researched, developed, produced and field-tested in sizeable quantities in the Soviet Union and at least during the early years of Russia as an independent state. Little else beyond this basic information given by some of the chemists involved in the armament programme is available. Those researchers are not always in agreement with each other, especially as regards the skill levels required to synthesise the agent.
Meanwhile, government officials from both the United Kingdom and the Russian federation have launched a war of hyperbole. London overstated the nature and quality of evidence from forensic chemistry; Moscow, amid a broad smoke-and-mirrors campaign, used the exaggerations to poke holes in the British narrative. Just like with allegations of chemical weapon (CW) use in Syria, Russia has released a barrage of denials concerning the assassination attempt in the UK through disaffirmation of any involvement, construction of spurious logic and citation of any ‘expert’ willing to entertain conspiracy theories. It furthermore rejects any outcome unfavourable to its world view and questions procedures and methodologies applied by investigative bodies. Moscow, however, never supplies any physical evidence in support of its claims.
Yet, over the din there are two steadfast Russian positions: (1) Russia is not responsible for the Soviet Union’s actions, and (2) CW declarations concern only ‘produced’ toxic chemicals for use in warfare. In the specific context of the CWC, it places the three Schedules central to the prohibitory regime.
[Cross-posted from The Trench]
On 4 April the Executive Council (EC) of the Organisation for the Prohibition of Chemical Weapons (OPCW) will meet in a special session. Russia called the extraordinary meeting. It has been a month now since former Russian spy Sergei Skripal and his daughter Yulia had been exposed to a nerve agent in Salisbury. The United Kingdom (UK) government identified it as a member of the ‘Novichok’ family, once researched and developed by the Soviet Union. Russia is believed to have continued the programme at least during the first years after the breakup of the USSR. It has never come clear on the nature of the programme or identified the agents’ characteristics. As no other country has ever been associated with the Novichok family of agents, London’s finger-pointing at Moscow was not difficult.
War of loud words
Since the assassination attempt a war of loud words has erupted. The UK has continued with its investigation and called in the OPCW’s expertise with a view of validating its analyses of the nerve agent. By the latest indications, the results from the OPCW-certified laboratories will not be available before the middle of this month.
Meanwhile, London also launched a diplomatic offensive to isolate Russia internationally (for an overview, see the dedicated UK government web page), which so far has ended with tit-for-tat expulsions of diplomatic staff. The rhetoric strayed off course. The assassination attempt got linked to similar incidents over the past years and decades, Russia’s actions in its near-abroad and Syria, its cyber campaigns against the institutions of Western democracy, and the country’s more assertive stance against Western interests, particularly those of the European Union (EU) and the North Atlantic Treaty Organisation (NATO). And, of course, the post-penultimate British schoolboy’s meme had to be called forth for domestic consumption: a mention of Nazi Germany.
Battle royale for the internet’s heart and minds
The British government’s (quite necessary) quietness about the investigation, the dearth of factual information beyond some generalities, and the distraction-causing verbal digressions into unrelated issue areas presented Russia with an open playing field. It was an opportunity it could not, and did not ignore.
Beyond the stacks of concealing black smoke and initial ridicule spouted by the government-sponsored international media and its diplomatic representatives to the UK, OPCW and EU, Moscow stayed much more focussed on the Skripal case. It was testing messages fast, discarding the ones failing to gain immediate traction and pursuing those that got picked up. Together, they addressed several issues simultaneously to drown out or cast doubt over any possible counterargument. That Russian officials or media contradicted themselves or seemingly confessed to total ignorance about past chemical warfare programmes did not matter. Speed was of the essence to avoid a coherent ripostes.
So, they challenged the notion that Russia was the sole originator of Novichok agents; they denied that there had ever been a Novichok programme; they suggested that the agent came form the British chemical defence laboratories at Porton Down or from similar facilities in other European countries; they questioned the OPCW’s legitimacy in the investigation while embracing the procedures foreseen in the Chemical Weapons Convention (CWC) to discuss the matter; etc. They upbraided the UK government for not releasing details about the nerve agent while the investigation is going on. And then Foreign Minister Sergei Lavrov proffered motive for the British using a Novichok agent against the Skripal family: covering up difficulties over Brexit.
However ludicrous some of the arguments, Moscow ultimately turned the tables on London. Russia now portrays itself as the victim of the attack because the UK was unable to guarantee the safety and security of its citizens, in addition to which it now refuses Russian consular access to Yulia. And exploiting both British silence on the heart of the matter and the waiting period for the OPCW test results, it called for an special session of the OPCW EC after having publicly released two sets of questions (1st set; 2nd set), some of which it could use to initiate the clarification process under CWC Article IX, 2. Quite a few of these questions Moscow has field-tested via its global megaphone. (A subset of questions Russia addressed to the French government too.)
Will Britain’s hand be forced?
How will the EC meeting tomorrow pan out? Difficult to say, but if the debates over Syria’s chemical weapon (CW) use offer any guidance, then the following broad lines may re-establish themselves: the Western countries will decry the violation of the CWC and seek justice; Russia will play out a geopolitical strategy based on nominal pledges of cooperation to influence the votes of members of the Non-Aligned Movement who are wary of being caught up in a new hegemonic struggle between Moscow and Washington.
Russia has definitely laid the groundwork for triggering Article IX, 2. But will it trigger it tomorrow? This is far from certain. Moscow’s core aim may be to place some of the key questions it has already publicised into the formal record, thereby forcing the UK to respond. Any reluctance or avoidance by London would feed a certain narrative, at least until the OPCW submits its own laboratory findings to the UK. That narrative will anticipate those findings; at a minimum it will place the British government under great pressure to release the analyses to other OPCW members, including Russia. That pressure might also compel the British government to follow OPCW procedures rather than pursuing the case through other diplomatic means, in which case Moscow’s gambit may already be anticipating crucial votes further down that path. (For an overview of the Article IX process, see my earlier blog posting Novichok and the Chemical Weapons Convention.)
Remains one question in all this: Where is Washington? в кармане?
[Cross-posted from The Trench]
Assassinations with nerve agents are rare. Very rare. The reason is simple: other means to eliminate a person are simpler and much more effective. The marginal benefit from using even some of the most toxic substances ever made by man is negligible. What is more, the attempt fails often, as Aum Shinrikyo experienced when trying to take out some of the cult’s enemies with VX before the 1995 sarin attack in the Tokyo underground. Last year’s murder of Kim Jong-nam, half-brother of North-Korean leader Kim Jong-un, also involved VX according to Malaysian authorities. However, the real perpetrator behind the two women who rubbed the substance in his face was quickly identified.
The surprise that the assassination attempt on former Russian spy Sergei Skripal and his daughter Yulia in Salisbury, UK on 4 March involved one of the Novichoks was not little. First, this family of nerve agents is relatively unknown. Outside specialised disarmament and HazMat communities few people would have been aware of its existence. Over 100 chemical structures are believed to belong to it, all related yet different. The group of chemical structures does not figure in the Annex on Chemicals of the Chemical Weapons Convention (CWC). Second, the substance was produced in any sizeable quantities in only one single country, the Soviet Union. Third, the required precursor chemicals and the pathways to synthesise the final agents are completely obscure to most of the public.
The UK government has formally accused Russia of the assassination attempt and expelled 23 Russian diplomatic personnel. Moscow vehemently denies the accusal and has retaliated by demanding that a similar number of diplomats leave the country. It furthermore denies ever having developed and produced Novichoks. The incident follows an already bitter stand-off between the West and Russia over Syria’s proven chemical weapon (CW) use that blocks effective UN Security Council action and splits the Executive Council (EC) of the Organisation for the Prohibition of Chemical Weapons (OPCW). As the government of Prime Minister Theresa May has formally declared its intention to have the OPCW independently verify its analyses and share it with its international partners, the question is whether and how the international organisation can contribute to resolving the matter.
Ensuring compliance under the CWC
Beyond the CWC’s routine verification process involving declarations, assessments and inspections, Article IX ‘Consultations, Cooperation and Fact-Finding’ foresees procedures to resolve uncertainties about compliance or breaches of the convention. These procedures are consultations, clarification, challenge inspection and investigation of alleged use.
Consultation concerning anomalies
The CWC does not detail what consultations should entail, but views and encourages them together with information exchanges as one of the early (or low-key) diplomatic exchanges among states parties to resolve doubts or ambiguities about compliance.
According to a statement issued by the UK’s Foreign and Commonwealth Office, on 12 March Foreign Secretary Boris Johnson summoned the Russian Ambassador to seek an explanation from the Russian Government. The statement strongly suggests that the step was undertaken under the consultative process foreseen under Article IX. It added that Russia provided no meaningful response.
Clarification of compliance concerns
If in doubt or concerned about compliance, a state party may seek clarification. A state party will address the initial request for clarification to another state party, who must reply within 10 days. Although not stipulated in the convention, a degree of expectation exists that the latter would supply supplementary information (i.e. beyond what is available from, for instance, annual declarations or routine inspections) to address the concern.
In case the reply does not resolve the concern, the requesting state party may call for assistance from the EC, which must use its authority to lend weight to the request, including through forwarding the request within 24 hours. The state party to whom the clarification request is addressed has once again a maximum of 10 days to respond. If the replies still do not satisfy, the requesting state party my next request the EC to obtain further information, in which case it may (not ‘must’) decide to set up a group of experts to examine all available information and reports and submit a factual report. Although the group of experts can draw on previous inspection reports, it is in no position to launch its own inspection procedure.
After either of the two previous steps, the requesting state party may call for a special session of the EC, which then has the decision authority to ‘recommend any measure it deems appropriate to resolve the situation’. Although not stated explicitly in Article IX, those measures would presumably include obtention of further information or persuasion of the targeted state party to resolve the presumed violation in accordance with the CWC. If the requesting state party remains unsatisfied with the response, it may call for a special session of the Conference of States Parties (CSP) 60 days after the submission of the request for clarification to the EC. The CSP is to consider and may take any measure, which, as in the case of the EC, remains unspecified in the convention.
It is important to note that the launch of a clarification procedure does not require the outcome of routine inspections, but inspection reports may trigger additional requests for information. It should also be noted that the procedures described above do not affect the requesting state party’s right to call for a challenge inspection, nor are they affected by the conduct of a challenge inspection.
Challenge of non-compliance
Challenge inspections are the third tool outlined in CWC Article IX. It consists of a short-notice inspection at any site (irrespective of whether it has been declared or not) in a state party. Once the OPCW has authorised the challenge inspection the targeted state party has no right of refusal, but it can invoke the technique of managed access through which OPCW inspectors may be denied access to certain parts of the site. Managed access cannot be implemented in such a way that inspector access to the site as such is denied. However, irrespective of the outcome of the managed access negotiations between representatives of the challenged stated party and the OPCW inspectors, the latter retain full right to interview any staff member of the site (and thus possibly obtain relevant information about the areas to which they have been denied access).
Although a challenge inspection can be requested at any stage of consultation of clarification processes, the CWC encourages states parties to view the tool as an instrument of last resort.
Investigation of alleged use
Part XI of the Verification Annex details the process of investigating the alleged use of CW or the alleged use of riot control agents as a method of warfare. In case the alleged use involves a state not party to the CWC, then the Director-General of the OPCW will closely cooperate with the UN Secretary General.
The procedure is applied (and has been further developed) with respect to the many allegations of chemical warfare in Syria. It is less relevant to the Novichok case.
Pathways to resolving the Novichok matter
How the investigation of the Skripal assassination attempt plays out will largely depend on the next key decisions by the UK government. The OPCW experts travel to the UK under Article VIII, 38(e), which qualifies their activity as a ‘Technical Assistance Visit’ to help with the evaluation of an unscheduled chemical (the Novichock agent) is not listed in any of the three schedules in the Annex on Chemicals). They will likely visit the sites of investigation and collect their own samples (if for no other reason than to validate any laboratory samples they may receive), take all materials and documents related to the forensic investigation back to the Netherlands where the sample will be divided up and sent to two or more designated OPCW laboratories. (The list for 2017 can be consulted here.)
After having received the report, the UK government may opt to pursue the case using its own diplomatic means, possibly together with its allies, or it may decide to invoke one of the procedures outlined above, the most likely one being the clarification process. Given the current level of political rhetoric and the earlier summons of the Russian Ambassador, consultations will have little utility left. To call for a challenge inspection the UK will need to have extraordinarily precise information about the production or storage location (which might be difficult if, for example, forensic analysis points to recent, small-scale synthesis of Novichok or to a chemical structure different from those associated with the Soviet programme).
At present the outcome of any one of the procedures is difficult to foresee. Neither the clarification process nor challenge inspection option have been invoked previously. Moreover, even though the CWC may at first sight seem to suggest a hierarchy among the different procedures in terms of increasing stringency or steps in an escalatory process, each one can be pursued independently. They may also be invoked in succession, or they can run in parallel. One procedure is not necessarily a prerequisite to another one.
Central to the understanding of the procedures is that the OPCW, as an independent international organisation dedicated to overseeing the implementation of the CWC, provides a forum for consultation and cooperation among states parties, also in matters concerning compliance or conflict resolution.