CW attack in Khan Sheikhoun: Documents from the UNSC debate on responsibility

[Cross-posted from The Trench]

{Update 4 – 12 April 2017}

This posting brings together the most important documents circulating at this stage.

First, the minutes with the statements by UN Security Council (UNSC) members and debate on 28 February, during which a resolution to sanction certain Syrian individuals deemed responsible for the earlier CW attacks was vetoed, can be downloaded here.

On 5 April, the UNSC held an emergency debate after the chemical weapon attack against Khan Sheikhoun, Idlib Province, Syria that killed scores of civilians – the death toll is now approaching 100 – and hundreds of other casualties.

In a statement also issued on 5 April, the WHO gave credence to the hypothesis that the agent or one of the agents used might have been sarin:

The likelihood of exposure to a chemical attack is amplified by an apparent lack of external injuries reported in cases showing a rapid onset of similar symptoms, including acute respiratory distress as the main cause of death. Some cases appear to show additional signs consistent with exposure to organophosphorus chemicals, a category of chemicals that includes nerve agents.

The full document is available from the WHO website.

The UNSC emergency session began with a report by Mr Kim Won-soo, High Representative for Disarmament Affairs. The UN Office for Disarmament Affairs (UNODA) has published his statement.

A detailed summary of the session presentations and discussion is available here.

At present, Russia, on the one hand, and France, United Kingdom and the United States, on the other hand, have started circulating draft texts for resolutions.

And he made the early French, UK and US draft available via the web.

A debate and vote on these draft resolutions was expected in the evening of 6 April (EST), but has been cancelled.

Also on 6 April the European Union released a statement denouncing the chemical attack, but supporting ‘the efforts of the OPCW in Syria with regard to the investigation of the use of chemical weapons and [considering] that such efforts have to be continued in the future by the international community‘.

The UN Security Council is meeting on 7 April to discuss the US airstrike against Syria. A briefing ahead of the meeting updates the status of the negotiations on a resolution condemning Syria’s use of chemical weapons.

{Update}revised French, UK and US draft resolution on his blog.

{Update} Meanwhile the 4-page White House report on the chemical weapon attack against Khan Sheikhoun is also available.

More to follow as they become available.

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Days of Future Past

Russia proposed to return to negotiations on a legally binding protocol to strengthen treaty implementation at the Meeting of Experts of the Biological and Toxin Weapons Convention (BTWC), which was held in Geneva from 4–8 August. Its informal note discusses the creation of an international body, the Organisation for the Prohibition of Biological Weapons (OPBW). It also tackles two frustrations prevalent among states parties: the convention’s institutional deficit and the lack of any progress in the so-called intersessional process—a series of annual Meetings of Experts (MX) during the summer followed by Meetings of States Parties (MSP) in December in between the quinquennial review conferences.

This posting offers an initial assessment of the proposal and reflects on whether returning to a future that existed in the past could actually propel the BTWC forward.

Read the rest of this entry »


Getting Beyond the Benedict Arnold of the Cyber Age: Crafting Post-Snowden American Policy and Law

This past week brought more discomfort in the United States produced by Edward Snowden’s disclosures about NSA surveillance activities:

  • The House of Representatives narrowly defeated a proposal to restrict NSA authority to collect telephone metadata in the United States, a vote that caused intra-party clashes within both the Democratic and Republican parties;
  • Legislators in Congress grilled NSA officials on the NSA’s collection of telephone metadata within the US, producing testimony that only heightened congressional concerns about the executive branch’s metadata surveillance activities and their legal justification;
  • The NSA released previously classified documents related to the now infamous Verizon Order leaked by Snowden, an effort at transparency that, apparently, did not make anything more transparent;
  • Courtesy of Snowden, The Guardian revealed another NSA program, called XKeyscore, which caused another round of national and international controversy about US surveillance policies and practices; and
  • The Russian government granted Snowden asylum for one year, allowing him to leave his limbo-laden life at the Moscow airport, a development that perhaps guarantees Snowden’s place in history (and not Bradley Manning) as the Benedict Arnold of the cyber age and made already fraying US-Russian relations worse.

To have Congress close to over-turning a key law passed after 9/11, to deepen tensions between the legislative and executive branches, to provoke the masters of secrecy to try to be more transparent, to wrong-foot the NSA again with a new disclosure, to cause rifts within both major US political parties, and to exacerbate problems between great powers is, ladies and gentlemen, one hell of a week, in more ways than one.

Each development of this past week deserves its own scrutiny, but my objective here is to try to assess what the sum of these episodes means for the US. The initial disclosures from Snowden brought forth calls for a “national conversation” about the implications of the revelations of NSA surveillance activities and the policy and legal justifications for them. This conversation has been extremely awkward because a proudly open and free society found itself debating critical issues kept secret by its government and only revealed by a law-breaker who sought succor in the sovereignty of anti-American governments. To quote one of history’s great admirers of the US, not our finest hour.

But, this past week should signal that the “national conversation” requires decisions needed to shape post-Snowden American policy and law on issues ranging from the privacy of American citizens dependent on digital communications technologies to the impact of cyber espionage on the power and reputation of the US in geopolitics. No one should underestimate the gravity of these decisions because the questions to be answered go deep into what America means at home and abroad. In its main leader of its August 3rd issue, The Economist–hardly an American nemesis–embeds the Snowden affair along with other post-9/11 policies in what it calls “liberty’s lost decade.”

Provocative, to be sure, but The Economist is trying to piece together what it all means for the US, from Mohamed Atta to Edward Snowden, and is encouraging Americans to re-evaluate where their government has been–from detention cells in Guantanamo Bay to “collecting it all” in cyberspace–and whether and how they want the future to be different. We might not like the headlines, the harsh questions, and the flippant or cynical condemnations of American behavior as hysterical hypocrisy. But, when someone like Edward Snowden can affect this country’s domestic politics and foreign affairs as wrenchingly as he repeatedly has (see, this past week), we have serious work to do in crafting policies and laws less dependent on the fear secrecy breeds and more confident in the resilience openness brings when betrayal from within and enmity from without test our interests and values.