Fighting Impunity: International Partnership against Impunity for the Use of Chemical Weapons

Declaration of Principles

Declaration of Principles

We, the Foreign Ministers of Australia, Belgium, Canada, Côte d’Ivoire, Czech Republic, France, Germany, Italy, Japan, Kuwait, Morocco, the Netherlands, Peru, Poland, Republic of Korea, Senegal, Spain, Sweden, Switzerland, Tunisia, Turkey, the United Kingdom, the United States of America, Ukraine and the High Representative of the European Union, gathered in Paris on 23rd January 2018, reaffirm our condemnation in the strongest possible terms of the use of chemical weapons by anyone under any circumstance, emphasizing that all uses of chemical weapons anywhere, at any time, by anyone, under any circumstances are unacceptable, and contravenes international standards and norms against such use.

We therefore reiterate our strong support for the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, and call upon all States to ratify or accede to and fully implement the Convention without delay. We pledge our unequivocal support to the work of the Organization for the Prohibition of Chemical Weapons (OPCW), which was awarded the Nobel Peace Prize for 2013 for its extensive efforts to eliminate chemical weapons. We also reaffirm the importance of full respect for the 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare; with the Geneva Conventions ; with UN Security Resolutions (UNSCRs) 2314 (2016), 2235 and 2209 (2015), 2118 (2013), and 1540 (2004); with UNGA resolution A/72/43 (2017); as well as with Human Rights Council (HRC) Resolution S-17/1 (2011).

In this context, we solemnly deplore the fact that such a general and universal prohibition of the use of chemical weapons has been seriously undermined in recent years, as documented extensively through the exemplary reports of the OPCW Fact-Finding Mission (FFM) and the OPCW-UN Joint Investigative Mechanism (JIM); the findings of the OPCW Declaration Assessment Team (DAT); as well as the testimonies gathered by the HRC Independent International Commission of Inquiry on the Syrian Arab Republic. We condemn in the strongest possible terms the use of chemical weapons by the Syrian Arab Republic, as reported by the JIM, which violates the Convention, UN Security Council Resolution 2118 (2013), and relevant decisions of the OPCW Executive Council, as well as the use of chemical weapons by the so-called Islamic State of Iraq and Syria and Levant (ISIL) in contravention of well-established international standards and norms against such use.

In light of these concerns, we strongly believe that the international community as a whole shares a common responsibility to enforce the prohibition of chemical weapons use and protect the non-proliferation regime as well as the international peace and security architecture. Yet, the continuing use of chemical weapons poses a worrying threat to the international peace and security architecture. We call upon the international community not to tolerate any use of chemical weapons, and to redouble our efforts to prevent, and hold accountable, those who are responsible for such abhorrent acts. A collective and effective response from the international community is needed to counter those who are involved in chemical weapons proliferation or use.

A robust response using international and domestic measures must hold to account those responsible for using chemical weapons, seek justice for the victims, and prevent such abhorrent attacks from happening again by ensuring that no group, no individual, no entity, and no government at any time or anywhere, may be immune from accountability in these cases.

We, the Foreign Ministers in support of this political Declaration of Principles, solemnly reaffirm today our common determination to support all relevant mechanisms including the International Impartial Independent Mechanism investigating Serious Crimes in Syria.

We therefore hereby announce the establishment of an International Partnership against Impunity for the Use of Chemical Weapons and consistent with international law and our respective national laws, regulations and policies commit to the following :
 Collect, compile, retain, and preserve relevant information to support efforts to hold accountable those responsible for the proliferation or use of chemical weapons;
 Facilitate the sharing of such information, with participating States, and international, or regional organisation as appropriate, so that those responsible may be brought to justice;
 Use relevant mechanisms to designate individuals, entities, groups and governments involved in the proliferation or use of chemical weapons for sanctions, as appropriate;
 Publicize the names of individuals, entities, groups or governments placed under sanctions for their involvement in the proliferation or use of chemical weapons through a dedicated website;
 Strengthen the capacity of Participating States, through national and supranational measures, to hold accountable those involved in the use of chemical weapons, including by enhancing the legal and operational capabilities of States to identify and sanction or prosecute individuals and entities involved in the proliferation or use of chemical weapons;
 Support, where appropriate, common positions in existing fora regarding the use of chemical weapons, for example the OPCW Executive Council and the UN Security Council and General Assembly.

We invite all States that share our grave concerns to support and join this initiative in order to protect and reinforce the international standards and norms against the use of chemical weapons, to promote, encourage and assist their enforcement, give all necessary support to the Organization for the Prohibition of Chemical Weapons and the United Nations to fully carry out their mandates in this respect, and to deter any future use of such weapons.

CWC (Chemical Weapons Convention)

The Chemical Weapons Convention was signed in Paris in 1993 and entered into force in 1997. It provides the preferred framework for France’s action on disarmament and on combating chemical weapons proliferation. As a unified text in the area of multilateral disarmament, it simultaneously provides for:

• The comprehensive ban on chemical weapons (ban on development, acquisition, stockpiling, retention, transfer and use);
• The destruction of all chemical weapons declared by States Parties;
• A binding verification regime, among the most effective in existence.

Strongly committed to multilateralism, the CWC has 192 States Parties and is nearing its goal of universality. As of 1 January 2008, only four States had yet to ratify it: North Korea, Egypt, Israel (signed but not ratified) and South Sudan.

Since it entered into force, almost 95% of the world’s declared chemical weapons stockpiles have been destroyed. Setting out strict verification procedures, the Convention was negotiated with the active participation of the chemical industry and aims to enable cooperation for the peaceful use of chemistry. The CWC is considered to be one of the most effective multilateral disarmament treaties.

For further information: https://www.opcw.org/fileadmin/OPCW/Fact_Sheets/French/Fact_Sheet_1_-_History.pdf

Organisation for the Prohibition of Chemical Weapons (OPCW)

Based in The Hague, the Organisation for the Prohibition of Chemical Weapons (OPCW) is responsible for implementing the Convention, including by verifying the processes to destroy national stockpiles and inspecting industrial chemical facilities. States’ annual declarations on their stockpiles and the activities of their chemical industries are subject to on-site verifications, which States cannot refuse. It promotes international cooperation, including for the peaceful use of chemistry, and provides assistance and protection to States threatened with chemical attacks.

For further information: https://www.opcw.org/about-opcw/

How are chemical weapons defined under international law?

The official definition of a chemical weapon is complex, but important. Under Article II of the Chemical Weapons Convention (CWC), it covers both toxic chemicals and their precursors (i.e. any reactant which takes part in the production of a toxic chemical), but also devices used to deliver them to their target (e.g. munitions, aerosols), as well as any equipment specifically designed for use directly in connection with the above.

This broad definition is intended to prevent the spirit of the Convention being contravened by separating chemical weapons into their various components. So the CWC defines each component of a chemical weapon as being a chemical weapon in itself, whether they are assembled or not, and whether stored together or separately.

Many chemical substances referred to in the Convention are also used for industrial or agricultural activities. Such substances are not considered to be chemical weapons unless they are produced or stockpiled in quantities which are excessive for the required activity. The activity of the companies which produce them is monitored during OPCW inspections.

What are the different types of chemical weapons and their effects?

Toxic chemicals used to make chemical weapons are generally classified based on their effects. They include:

• Incapacitating and disabling agents (e.g. tear gas or CS gas) which only have temporary physiological effects such as vision or breathing problems. They may be used to maintain public order but it is forbidden to use them as a means of warfare.
• Blister agents (e.g. mustard gas or yperite), which cause serious burns and blisters upon contact with the eyes, respiratory tract and skin. They generally lead to blindness and permanent respiratory tract damage and can even be fatal in a small percentage of cases.
• Choking agents (e.g. chlorine), which mainly attack the respiratory tract, triggering a constant flow of fluid which spreads through the lungs. Such agents were the first to be produced on a large scale and were widely used during World War I.
• Blood agents (e.g. hydrogen cyanide) which cut off the oxygen supply between red cells and cell tissue, leading to asphyxiation. They are fast-acting and generally fatal.
• Nerve agents (e.g. sarin, VX), produced following research on enhanced chemical agents between the two World Wars. Being generally colourless, odourless and tasteless, they are easily absorbed by the respiratory system, eyes, skin and digestive tract. They are highly toxic, affecting the transmission of nerve impulses in the nervous system, and are generally fatal, even after only very brief exposure.