Chemical Weapons Convention
|Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction|
Participation in the Chemical Weapons Convention
|Drafted||3 September 1992|
|Signed||13 January 1993|
|Location||Paris and New York|
|Effective||29 April 1997|
|Condition||Ratification by 65 states|
190 (List of State Parties)|
Six UN states are not party: Angola, Egypt, Israel, Myanmar, North Korea and South Sudan.</td></tr>
Arabic, Chinese, English, French, Russian and Spanish</td></tr></table>
The Chemical Weapons Convention (CWC) is an arms control treaty which outlaws the production, stockpiling, and use of chemical weapons and their precursors. The full name of the treaty is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and it is administered by the Organisation for the Prohibition of Chemical Weapons (OPCW), an intergovernmental organization based in The Hague, Netherlands. The treaty entered into force in 1997. The parties' main obligation under the convention is to prohibit the use and production of chemical weapons, as well as the destruction of all current chemical weapons. The destruction activities are verified by the OPCW.
As of May 2015, 190 states have given their consent to be bound by the CWC. Israel and Myanmar have signed but not ratified the agreement. Angola, Egypt, North Korea and South Sudan have neither signed nor acceded to the treaty. Most recently, Syria deposited its instrument of accession to the CWC on 14 September 2013 and agreed to its provisional application pending entry into force on 14 October 2013.
As of August 2014, about 85% of the world's declared stockpile of chemical weapons had been destroyed. The convention has provisions for systematic evaluation of chemical production facilities, as well as for investigations of allegations of use and production of chemical weapons based on intelligence of other state parties.
Intergovernmental consideration of a chemical and biological weapons ban was initiated in 1968 within the 18-nation Disarmament Committee, which, after numerous changes of name and composition, became the Conference on Disarmament (CD) in 1984. On 3 September 1992 the Conference on Disarmament submitted to the U.N. General Assembly its annual report, which contained the text of the Chemical Weapons Convention. The General Assembly approved the Convention on 30 November 1992, and the U.N. Secretary-General then opened the Convention for signature in Paris on 13 January 1993. The CWC remained open for signature until its entry into force on 29 April 1997, 180 days after the deposit of the 65th instrument of ratification (by Hungary). The convention augments the Geneva Protocol of 1925 for chemical weapons and includes extensive verification measures such as on-site inspections. It does not, however, cover biological weapons.
Organisation for the Prohibition of Chemical Weapons (OPCW)
Main article: Organisation for the Prohibition of Chemical Weapons
The convention is administered by the Organization for the Prohibition of Chemical Weapons (OPCW), which acts as the legal platform for specification of the CWC provisions. The Conference of the States Parties is mandated to change the CWC and pass regulations on implementation of CWC requirements. The Technical Secretariat of the organization conducts inspections to ensure compliance of member states. These inspections target destruction facilities (where permanent monitoring takes place during destruction), chemical weapons production facilities which have been dismantled or converted for civil use, as well as inspections of the chemical industry. The Secretariat may furthermore conduct "investigations of alleged use" of chemical weapons and give assistance after use of chemical weapons.
The 2013 Nobel Peace Prize was awarded to the organization because it had, with the Chemical Weapons Convention, "defined the use of chemical weapons as a taboo under international law" according to Thorbjørn Jagland, Chairman of the Norwegian Nobel Committee.
Key points of the Convention
The convention distinguishes three classes of controlled substance, chemicals which can either be used as weapons themselves or used in the manufacture of weapons. The classification is based on the quantities of the substance produced commercially for legitimate purposes. Each class is split into Part A, which are chemicals that can be used directly as weapons, and Part B which are chemicals useful in the manufacture of chemical weapons. Separate from the precursors, the convention defines toxic chemicals as "[a]ny chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere."
The treaty also deals with carbon compounds called in the treaty discrete organic chemicals. These are any carbon compounds apart from long chain polymers, oxides, sulfides and metal carbonates, such as organophosphates. The OPCW must be informed of, and can inspect, any plant producing (or expecting to produce) more than 200 tonnes per year, or 30 tonnes if the chemical contains phosphorus, sulfur or fluorine, unless the plant solely produces explosives or hydrocarbons.
Main article: List of parties to the Chemical Weapons Convention
165 states signed the CWC prior to its entry into force in 1997, allowing them to ratify the agreement after obtaining domestic approval. Following the treaty's entry into force, it was closed for signature and the only method for non-signatory states to become a party was through accession. As of October 2013, 190 states, representing over 98 percent of the world's population, are party to the CWC. Of the six United Nations Member States that are not parties to the treaty, two have signed but not yet ratified the treaty (Myanmar and Israel) and four states have not acceded to the treaty (Angola, North Korea, Egypt, and South Sudan). Angola and Myanmar have committed to ratifying the CWC. Taiwan, though not a Member State, has stated that it complies with the treaty.
Key organizations of member states
Member states are represented at the OPCW by their Permanent Representative. This function is generally combined with the function of Ambassador. For the preparation of OPCW inspections and preparation of declarations, member states have to constitute a National Authority.
World stockpile of chemical weapons
A total of 72,524 metric tonnes of chemical agent, 8.67 million chemical munitions and containers, and 97 production facilities have been declared to OPCW. Several countries that are not State Parties are suspected[by whom?] of having chemical weapons, especially Egypt, Israel, and North Korea. Some member states (including Iran) have been accused by others[who?] of failing to disclose their stockpiles.
Timeline of destruction
The treaty set up several steps with deadlines toward complete destruction of chemical weapons, with a procedure for requesting deadline extensions. No country reached total elimination by the original treaty date although several have finished under allowed extensions.
Progress of destruction
As of August 2014, 61,608 of 72,524 (85%) metric tonnes of chemical agent have been verifiably destroyed. More than 57% (4.97 million) of chemical munitions and containers have been destroyed.
Five State Parties, namely Albania, an unspecified state party (widely believed to be South Korea), India, Libya, and Syria, have completed the destruction of their stockpiles. Russia and the United States, which declared the largest amounts of chemical weapons, are in the process of destruction. The deadline set for both countries of April 2012, however, was not met. The destruction of Libya's Category 1 chemical weapons was completed in 2014; destruction of its chemical weapon precursors is scheduled to finish in 2016. Iraq has yet to start destruction. Japan and China started in October 2010 the destruction of World War II era chemical weapons abandoned by Japan in China by means of mobile destruction units and reported destruction of 35,203 chemical weapons (75% of the Nanjing stockpile).
See also: Iraqi chemical weapons program
The U.N. Security Council ordered the dismantling of Iraq's chemical weapon stockpile in 1991. By 1998, UNSCOM inspectors had accounted for the destruction of 88,000 filled and unfilled chemical munitions, over 690 metric tons of weaponized and bulk chemical agents, approximately 4,000 tonnes of precursor chemicals, and 980 pieces of key production equipment. The UNSCOM inspectors left in 1998.
In 2009, before Iraq joined the CWC, the OPCW reported that the United States military had destroyed almost 5,000 old chemical weapons in open-air detonations since 2004. These weapons, produced before the 1991 Gulf War, contained sarin and mustard agents but were so badly corroded that they could not have been used as originally intended.
When Iraq joined the CWC in 2009, it declared "two bunkers with filled and unfilled chemical weapons munitions, some precursors, as well as five former chemical weapons production facilities" according to OPCW Director General Rogelio Pfirter. The bunker entrances were sealed with 1.5 meters of reinforced concrete in 1994 under UNSCOM supervision. As of 2012, the plan to destroy the chemical weapons was still being developed, in the face of significant difficulties. In 2014, ISIS took control of the site.
Main article: Destruction of Syria's chemical weapons
Syria, which had long been suspected of possessing chemical weapons, acknowledged them in September 2013 and agreed to put them under international supervision. On 14 September Syria deposited its instrument of accession to the CWC with the United Nations as the depositary and agreed to its provisional application pending entry into force effective 14 October. An accelerated destruction schedule was devised by Russia and the United States on 14 September, and was endorsed by United Nations Security Council Resolution 2118 and the OPCW Executive Council Decision EC-M-33/DEC.1. Their deadline for destruction is the first half of 2014. Syria gave the OPCW an inventory of its chemical weapons arsenal and started its destruction in October 2013, 2 weeks before its formal entry into force, while applying the convention provisionally. All Category 1 materials were destroyed by August 2014.
Financial support for destruction
Financial support for the Albanian and Libyan stockpile destruction programmes was provided by the United States. Russia received support from a number of nations, including the United States, the United Kingdom, Germany, the Netherlands, Italy and Canada; some $2 billion given by 2004. Costs for Albania's program were approximately 48 million U.S. dollars. The U.S. had spent $20 billion and expected to spend a further $40 billion.
Known production facilities (of chemical weapons)
Fourteen States Parties have declared chemical weapons production facilities:
As of May 2015, all 97 declared production facilities had been inactivated and 81% (79) have been certified as destroyed or converted to civilian use.
Related international law
Worldwide treaties for other types of arms
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