The Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) held its 94th session from 7–10 July. Prominent on the agenda was the determination by the Investigation and Identification Team (IIT) that ‘there are reasonable grounds to believe’ that Syrian government forces bear responsibility for several chemical weapon (CW) attacks at the end of March 2017.
The finding is the first time that the Technical Secretariat of the OPCW has formally charged a state party to the Chemical Weapons Convention (CWC) with violating Article I, para. 1(b) to never under any circumstances use CW. The accusation is serious: few other provisions in the convention could be less ambiguous.
The 41-member Executive Council approved the Decision addressing the possession and use of chemical weapons by the Syrian Arab Republic by a large majority: 29 against 3 (with 9 abstentions). It opens the door to further investigation of war crimes and prosecution of individual perpetrators of such crimes under international law. It also sets the process in motion whereby parties to the CWC may hold another state party accountable for major treaty breaches. This would be a first in the 23-year history of the disarmament agreement.