Tag Archives: WMD

The Third Review Conference of the Chemical Weapons Convention (CWC)

17 Apr

For the last two weeks (9-18 April 2013), states parties to the Chemical Weapons Convention (CWC) have been meeting at The Hague for the third CWC Review Conference. The CWC, adopted in 1993 and now comprised of 188 states parties, has been hailed a success by many disarmament civil society advocates and member states alike for setting a high multilateral disarmament standard. In particular, the CWC’s robust verification regime implemented through the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons (OPCW) has been identified as the type of verification measure that should be required for all comprehensive and universal disarmament measures, namely a similar convention on nuclear weapons.

Secretary-General Ban Ki-moon was on hand to deliver opening remarks to the Review Conference and urged complete chemical weapons disarmament before the next meeting scheduled for 2018. Also noteworthy, non-governmental organizations addressed a CWC Review Conference for the first time in an official plenary setting.

The previous two CWC Review Conferences (Rev Con), as well as the current third session, are mandated by the Treaty itself to “undertake reviews of the operation of this Convention. Such reviews shall take into account any relevant scientific or technological developments.” This Rev Con, covered capably by colleagues at The Hague (see: cbw-events.org.uk for up-to-date and current analysis and summary), has seen the emergence of some several themes, some more contentious than others. As reported by colleagues present at the Rev Con, some of the important issues arising from the current debate include

Syria

As expected, the issue of the alleged use of chemical weapons in Syria has been treated at the Rev Con. The government of Syria, which is not a CWC state party, has requested that the Secretary-General investigate allegations of use by the rebel groups. The Syrian government submitted allegations of chemical weapons use by rebel groups on 20 May. However, the investigation has not yet taken place nor the investigating team dispatched to Syria. Allegations concerning both parties in the conflict have ultimately complicated and delayed the investigation. States parties have been debating how precisely to treat this issue in the forthcoming Final Document. It remains to be seen how this current issue will appear in the document.

Post-Destruction Era

As set forth in the Convention, all chemical weapons were to be destroyed within ten years of entry-into-force of the Treaty (29 April 2007) with a possible extension of five years. This original deadline has not been met. A “Final Extended Deadline of 29 April 2012” taken by the Conference of States Parties (CSP) in 2011 refers to the states parties Libya, Russia, and the United States that have not yet fully destroyed their remaining stockpiles. This decision requires that these possessor states report (albeit in closed sessions) to each regular session of the Executive Council on measures undertaken to accelerate progress or overcome problems related to destruction programs. As these issues of destruction are particularly sensitive, these discussions have been challenging to engage. Nevertheless, it has been argued by some NGO colleagues that it is not a lack of political will that has been inhibiting destruction and that states parties with existing stocks have, in fact, been working towards destruction. Rather, technical and economic reasons have been identified as the main contributors to the delay in destruction activities.

Furthermore, given that stakeholders are now discussing a ‘post-destruction era’, the future role of the OPCW is being debated. The responsibilities of verification, consultation, and cooperation will inevitably be shifted as universal destruction of all existing chemical weapons is fully realized over the next (hopefully) few years.

Advancements in Science and Technology

Article XI of the Convention concerning economic and technological development has also been addressed. Wide recognition that the CWC must keep pace with scientific and technological developments is clear and the work of the Scientific Advisory Board has been specifically underscored. Such “future-proofing” of the CWC is an important component of its long-term success in maintaining a world free of chemical weapons.

The CWC in the Context of Multilateral Disarmament Failures

The success of the chemical weapons regime is encouraging in the broader disarmament field that often struggles with a lack of consensus and a deficit of political will necessary to eliminate such egregious weapons of mass destruction. It is clear that elimination of an entire category of WMD is possible through universal participation and robust verification. This helpful and successful strategy must be vigorously pursued in other disarmament contexts.

The current stalemate that seems almost endemic to various parts of the UN disarmament machinery—the UN Disarmament Commission and the Conference on Disarmament—as well as other perceived failures in multilateral disarmament such as the slow progress made in implementing the 2010 nuclear Non-Proliferation Treaty (NPT) Action Plan and the failure to convene a 2012 conference on a Middle Zone Free of Weapons of Mass Destruction have made so-called “successes” in disarmament difficult to come by. Nevertheless, the hope is that the CWC will be just the first of many future multilateral disarmament instruments that strengthen the rule of law and eliminate such heinous weapons with the potential to wreak unthinkable havoc on humanity.

 

–Katherine Prizeman

International Conference on the Humanitarian Impact of Nuclear Weapons

11 Mar

From 4-5 March, the government of Norway hosted an International Conference on the Humanitarian Impact of Nuclear Weapons in Oslo. Representatives of 127 member states were present as well as UN secretariat officials, civil society, and other humanitarian response technical experts detailing the environmental, health, and developmental impact of nuclear weapon explosions. It was noted throughout that member states must continue to seize opportunities to act responsibly to prevent any accidental or intentional use of these weapons, a goal guaranteed only by virtue of their abolition. The Foreign Minister of Norway, Espen Barth Eide, offered a Chair’s Summary at the conclusion of the conference that, although it did not offer any concrete recommendations for future movement, did note clearly that, “It is unlikely that any state or international body could address the immediate humanitarian emergency caused by a nuclear weapon detonation in an adequate manner and provide sufficient assistance to those affected.”

While the ‘official’ Nuclear Weapon States (NWS) chose not to attend the conference as a collective group (although India and Pakistan sent delegations), there was a clear sense that the status quo of nuclear disarmament discourse can be neither tolerated nor sustained any longer. The argument by the NWS (also the Permanent 5 [P5] members of the Security Council) was that the conference served as a “distraction” from current disarmament efforts. As Ambassador Laura Kennedy of the United States noted to the Conference on Disarmament (CD) in Geneva, “We [the US] are focusing our efforts and energy on practical steps we and others are taking to reduce nuclear weapon arsenals while strengthening nuclear security and the nonproliferation regime.” Likewise, the government of the UK stated that it was pursuing disarmament through “existing mechanisms” such as the nuclear Non-Proliferation Treaty (NPT) and the CD. In response to this argument, Foreign Minister Eide noted in his opening statement that this conference was not intended to serve as a substitute for any existing process, but also noted that the established fora for nuclear weapons deliberations are all “under serious pressure.” Furthermore, as has been rightly noted by colleagues from Reaching Critical Will, the Nuclear Security Summit process is one example of an “alternative process” that has been enthusiastically embraced by the NWS and thereby clearly illustrates the inherent weakness (if not hypocrisy) of the NWS absence from Oslo. Furthermore, the “step by step” and “practical” approach to nuclear disarmament has clearly not been effective and has remained predicated on an inflexible agenda since the 1960s thereby making it all the more appropriate for governments to supplement existing efforts with new fora and political dynamics.

The technical discussion referenced within the conference programme were indeed rich and involved delegations, representatives of the UN Office for the Coordination of Humanitarian Affairs (UNOCHA), the International Committee of the Red Cross (ICRC), the UN Development Programme Bureau for Crisis Prevention (UNDP BCPR), the UN World Food Programme, and representatives of the International Campaign to Abolish Nuclear Weapons (ICAN) among others. Both the immediate impacts and longer-term consequences of nuclear detonations were explored by researchers, medical professionals, emergency relief experts, and national officials dealing with nuclear radiation preparedness. Experts stated that global famine, catastrophic climate change, and massive loss of life would be among the long-term ramifications of a nuclear detonation, affecting not just those in the immediate area of the bomb’s “ground zero,” but the whole of the global community. The programme featured several panels of humanitarian response experts detailing how and if governments, international organizations, and other actors could, or rather could not, adequately respond to a nuclear detonation. Dr. Ira Helfand of International Physicians for the Prevention of Nuclear (IPPNW) presented the economic costs of a nuclear detonation, which could be upwards of $ 1 trillion over the long-term, and conjectured that due to climate changes from the explosion potentially one billion people could die of starvation alone. Other experts offered scenarios of nuclear detonation in cities such as Oslo as well as national examples of nuclear radiation emergencies in Romania and Norway. Still other presenters reflected on past examples of dangerous nuclear testing in Kazakhstan, the long-term effects of the Chernobyl accident, and the catastrophic fallout from the bombings of Hiroshima and Nagasaki.

Many delegations as well as civil society representatives also cited the examples of landmines and cluster munitions as weapons that have been banned by international law for humanitarian reasons, noting that it was time to do the same for nuclear weapons. Furthermore, ICAN noted in its first intervention that blinding weapons, certain conventional explosive weapons, incendiary weapons, the use of poison, and chemical and biological weapons have all been outlawed, all of which have consequences similar to those from a nuclear detonation.

Quite plainly, the overall conclusion drawn by presenters was that there is no way to adequately prepare for or respond to the impacts of a nuclear detonation. As noted by the Director of UNOCHA Geneva, Mr. Rashid Khalikov, in his presentation on humanitarian preparedness and response, “We should, as the international humanitarian community, continue to consider the extent to which we can respond to a weapon detonation in any meaningful way. Ultimately though, the reality remains that the only sensible course of action is to ensure these weapons are never used.”

While the technical conversation was useful, perhaps more importantly, the tone that has been set for the future of nuclear disarmament efforts has clearly and rightly shifted. The consensus among participants was that the global humanitarian consequences of nuclear weapons must be the starting point for discussion of disarmament and a ban on nuclear weapons. Foreign Minister Eide noted in his opening statement that, “For decades political leaders and experts have debated the challenges posed by the continued existence and further proliferation of nuclear weapons. This conference, however, takes a different starting point.” Moreover, as the International Federation of the Red Cross (IFRC) noted in its final intervention, nuclear weapons represent “the greatest humanitarian challenge of our time” and the delegation of Austria called this challenge a “litmus test” for how the international community is able to resolve challenges to humanity’s survival. It is the contribution of a reinvigorated commitment to a humanitarian approach to nuclear disarmament that will have the greatest impact on finally bringing an end to these weapons and the threat to humanity posed by them.

Although the Oslo approach (adopting a humanitarian starting point) has been associated with the drive to end nuclear weapons for quite some time, the renewed energy and commitment by states to this approach is noteworthy. In discussions about proportionality of response, there have been legal and humanitarian elements and international criminal and military law have long acknowledged the principle of proportionality that the response should ‘fit’ the threat and that damage to innocents bears the presumption of impermissibility. Nuclear weapons use can stand up to neither test, in fact not even close.

Particularly in light of the stalemate found across the various parts of the UN disarmament machinery from the CD to the UNDC, this conference offered various stakeholders, including the vast majority of UN member states, the chance to converge around the common goal of nuclear disarmament and abolition with renewed energy and enthusiasm. Moreover, with the announcement of an important follow-up meeting to be hosted by the Government of Mexico, there is genuine commitment that this recalibrated approach to nuclear disarmament will enable more robust steps towards nuclear abolition to be taken and sustained.

 

–Katherine Prizeman