Chemical Weapons Convention (CWC)

Disclaimer: Copyright infringement not intended.

Context

The United States has destroyed the last of its declared chemical weapons stockpile, a milestone in the history of warfare dating back to World War I.

Chemical Weapons Convention (CWC)

About

The Chemical Weapons Convention (CWC) is a multilateral treaty that bans chemical weapons and requires their destruction within a specified period of time.
The treaty is of unlimited duration and is far more comprehensive than the 1925 Geneva Protocol, which outlaws the use but not the possession of chemical weapons.

Genesis and Commencement

CWC negotiations started in 1980 at the UN Conference on Disarmament.
The convention opened for signature on January 13, 1993, and entered into force on April 29, 1997.

Implementation

The CWC is implemented by the Organization for the Prohibition of Chemical Weapons (OPCW), which is headquartered in The Hague.

Mechanism of Implementation

The OPCW receives states-parties declarations detailing chemical weapons-related activities or materials and relevant industrial activities.
After receiving declarations, the OPCW inspects and monitors states-parties’ facilities and activities that are relevant to the convention, to ensure compliance.

Members and Parties

The CWC is open to all nations and currently has 193 states-parties.
Israel has signed but has yet to ratify the convention.
Three states have neither signed nor ratified the convention (Egypt, North Korea, and South Sudan).

Prohibitions

The Chemical Weapons Convention prohibits:

- Developing, producing, acquiring, stockpiling, or retaining chemical weapons.
- The direct or indirect transfer of chemical weapons.
- Chemical weapons use or military preparation for use.
- Assisting, encouraging, or inducing other states to engage in CWC-prohibited activity.
- The use of riot control agents “as a method of warfare.”

Declaration Requirements

The CWC requires states-parties to declare in writing to the OPCW their chemical weapons stockpiles, chemical weapons production facilities (CWPFs), relevant chemical industry facilities, and other weapons-related information.
This must be done within 30 days of the convention's entry into force for each member state.

Chemical Weapons Stockpiles—States-parties must declare all chemical weapons stockpiles, which are broken down into three categories:

- Category 1: chemical weapons based on Schedule 1 chemicals, including VX and sarin.
- Category 2: chemical weapons based on non-Schedule 1 chemicals, such as phosgene.
- Category 3: chemical weapons including unfilled munitions, devices and equipment designed specifically to employ chemical weapons.

Other weapons-related declarations states-parties must make include:

Chemical weapons production facilities on their territories since January 1, 1946.
Facilities (such as laboratories and test sites) designed, constructed, or used primarily for chemical weapons development since January 1, 1946.
“Old” chemical weapons on their territories (chemical weapons manufactured before 1925 or those produced between 1925 and 1946 that have deteriorated to such an extent that they are no longer useable).
“Abandoned” chemical weapons (abandoned by another state without consent on or after January 1, 1925).
Plans for destroying weapons and facilities.
All transfers or receipts of chemical weapons or chemical weapons-production equipment since January 1, 1946.
All riot control agents in their possession.

Chemical Industry

The CWC requires states-parties to declare chemical industry facilities that produce or use chemicals of concern to the convention.
These chemicals are grouped into “schedules,” based on the risk they pose to the convention. A facility producing a Schedule 1 chemical is considered a Schedule 1 facility.

1. Schedule 1 chemicals and precursors pose a “high risk” to the convention and are rarely used for peaceful purposes. States-parties may not retain these chemicals except in small quantities for research, medical, pharmaceutical, or defensive use. Many Schedule 1 chemicals have been stockpiled as chemical weapons.
2. Schedule 2 chemicals are toxic chemicals that pose a “significant risk” to the convention and are precursors to the production of Schedule 1 or Schedule 2 chemicals. These chemicals are not produced in large quantities for commercial or other peaceful purposes.
3. Schedule 3 chemicals are usually produced in large quantities for purposes not prohibited by the CWC but still pose a risk to the convention. Some of these chemicals have been stockpiled as chemical weapons.

Note: The CWC also requires the declaration of facilities that produce certain nonscheduled chemicals.

PRACTICE QUESTION

Q. Consider the following statements with reference to Chemical Weapons Convention (CWC).

1.The Chemical Weapons Convention (CWC) is a multilateral treaty that outlaws the use but not the possession of chemical weapons.

2.Schedule 3 chemicals are usually produced in large quantities for purposes not prohibited by the CWC but still pose a risk to the convention.

3.The CWC is implemented by the Organization for the Prohibition of Chemical Weapons (OPCW).

4.The Chemical Weapons Convention prohibits the use of riot control agents “as a method of warfare.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 and 3 only

(d) None of the above.

Correct Answer: (c) 2, 3 and 4 only