UNIVERSITY OF LUCKNOW

(FACULTY OF LAW)

( SESSION:2023-2024)

ASSIGNMENT
LL.B.(Hons.) – V SEMESTER

TOPIC – CHEMICAL WEAPONS CONVENTION

SUBJECT – PUBLIC INTERNATIONAL LAW

SUBMITTED TO:
DR.MD.UMAR

SUBMITTED BY:

SIDDHAN RAJ

ROLL NO:2110013015088
 Acknowledgement

On this great occasion of successful completion of my assignment of

Public International Law, I would like to thank Dr.Md.Umar sir,who
has guided and assisted me to complete the assignment. Without her
support I would not have finished the assignment within time.

I would also like to take this opportunity to thank my friends and family
members, without them this assignment could not have been completed
in a short duration
 The Chemical Weapons Convention

Introduction
The Chemical Weapons Convention (CWC) stands as a pivotal international treaty designed to
eradicate the development, production, acquisition, stockpiling, retention, transfer, and use of
chemical weapons. Enacted in 1997, this landmark agreement reflects a global commitment to
fostering peace and security by curbing the proliferation of chemical arms. With over 190
member states, the CWC symbolizes a collective dedication to a world free from the menace
of chemical warfare.

At its core, the Chemical Weapons Convention aims to achieve several fundamental objectives.
Foremost among these is the complete destruction of existing chemical weapon stockpiles,
ensuring that no nation retains these lethal instruments of warfare. Member states, upon joining
the convention, are obligated to declare and subsequently eliminate any chemical weapons and
production facilities under their control. This meticulous process involves a combination of
inspections, verification mechanisms, and transparency measures to guarantee compliance.

Central to the effectiveness of the CWC is the Organization for the Prohibition of Chemical
Weapons (OPCW), established to oversee and implement the convention’s provisions. The
OPCW operates as an independent international body headquartered in The Hague,
Netherlands. Its responsibilities encompass the verification of compliance, inspection of
declared facilities, investigation of alleged use of chemical weapons, and the facilitation of
assistance and protection in case of chemical attacks or threats.

One of the defining features of the Chemical Weapons Convention is its comprehensive scope.
Unlike previous agreements, the CWC encompasses not only chemical weapons themselves
but also the precursor chemicals used in their production. By controlling the entire life cycle
of chemical weapons, from precursor chemicals to end products, the convention significantly
reduces the likelihood of clandestine development and production.
The CWC also places a strong emphasis on promoting international cooperation in the peaceful
uses of chemistry. Member states are encouraged to share scientific and technological
knowledge, engage in collaborative research, and facilitate the exchange of information related
to chemistry. This cooperative approach not only fosters scientific advancements but also
builds trust among nations, contributing to an atmosphere of global security.

Furthermore, the Chemical Weapons Convention incorporates measures to prevent the re-
emergence of chemical weapons. States parties commit to national implementation measures,
including legislation and regulatory frameworks, to ensure that the prohibitions of the
convention are effectively enforced within their jurisdictions. This holistic approach reinforces
the notion that preventing chemical weapons proliferation requires not only international
agreements but also domestic commitment and enforcement.

Historical Background
The Chemical Weapons Convention (CWC) stands as a landmark international treaty aimed at
preventing the development, production, acquisition, stockpiling, retention, transfer, and use
of chemical weapons. Its historical background is rooted in the devastating experiences of
chemical warfare in the 20th century, particularly during World War I and World War II.

The first significant use of chemical weapons occurred during World War I, where chlorine,
mustard gas, and phosgene were employed with devastating effects. The horrors of these
chemical attacks prompted the international community to recognize the urgent need for a
comprehensive prohibition on chemical weapons. The Geneva Protocol of 1925 was a
significant early step in this direction, prohibiting the use of chemical and bacteriological
weapons in warfare. However, it did not address issues related to the development, production,
and stockpiling of these weapons.

It was only after the widespread use of chemical weapons in World War II that the international
community intensified efforts to address the broader aspects of chemical disarmament. The
atrocities committed during this conflict, including the Holocaust, raised global awareness
about the catastrophic consequences of unbridled chemical warfare. In the aftermath of World
War II, the United Nations was established, and discussions on disarmament gained
momentum.
The 1972 Biological Weapons Convention (BWC) marked a significant step forward by
banning the development, production, and acquisition of biological weapons. However, it
became evident that a dedicated treaty addressing chemical weapons was necessary. This led
to the negotiation of the Chemical Weapons Convention, which culminated in its adoption in
1992 and entry into force in 1997.

The negotiation process was arduous and Involved representatives from numerous countries
working together to establish a comprehensive framework. The CWC aimed not only to
prohibit the use of chemical weapons but also to eliminate existing stockpiles and prevent their
re-emergence. The treaty was designed to ensure the verification of compliance through the
Organization for the Prohibition of Chemical Weapons (OPCW), an independent international
body established to oversee the implementation of the convention.

The CWC marked a paradigm shift In international efforts toward disarmament. It brought
together countries with diverse political, economic, and military interests under a common goal
– the eradication of chemical weapons. The convention also reflected a growing awareness of
the potential consequences of chemical weapons proliferation, not only in terms of direct
military impact but also concerning the environmental and humanitarian repercussions.

Since its entry into force, the CWC has achieved substantial success in the destruction of
declared chemical weapons stockpiles. The OPCW has played a pivotal role in monitoring and
verifying compliance, conducting inspections, and providing technical assistance to member
states. The convention has been effective in curbing the use of chemical weapons, though
challenges remain, particularly with allegations of non-compliance and the use of chemical
weapons in conflicts in the years following its implementation.
Principles of The CW Convention

In the preamble, the parties to the Convention express their goal to achieve a complete
disarmament under international control as well as a prohibition and elimination of all weapons
of mass destruction. The principals and objectives of both the 1925 Geneva Protocol and the
1972 Biological and Toxin Weapons Convention are reaffirmed. For the “sake of mankind,”
the signatories are determined to eliminate the possibility of the use of chemical weapons, and
also agreed to the prohibition of herbicides as a means of appro warfare. International
cooperation and exchange of scientific and technical data relating to chemical activities not
prohibited under the Convention are recognized for being desirous endeavors, and free trade in
a Convention ved list of chemicals is encouraged. However, advances and achievements in the
field of chemistry should be accomplished solely for the benefit of mankind.

A necessary step toward the achievement of the aforementioned objectives is the complete
elimination Of the class of weapons known as chemical weapons as defined in the Convention.

The Convention contains 24 articles. A summary of some of the more significant articles
follows below.

Article I is concerned with the general obligations of the Convention, t hat is, the prohibition
of producing, acquiring, storing, transferring, using or encouraging others to use chemical
weapons. The destruction of existing weapons is addressed, as is the prohibition of the use of
riot control agents as a method of warfare.

The definitions for chemical weapons and agents, and the criterion for production and
processing of chemicals is given in Article II.

Article III requires signatories to decl are, within 30 days, the existence, location, and quantity
of any chemical weapons or production facilities (including laboratories, and test and
evaluation sites) owned or possessed by that state, and located on either their own national soil
or the soil of some other sovereign state. Chemical agents intended for riot control use are to
be declared as well.

Access to, and onsite verification of, the declared chemical weapon storage and destruction
facilities are addressed in Article IV. The process for th e planning of the destruction of existing
weapons is presented, and the cost obligations regarding weapon destruction and onsite
monitoring and verification inspections are discussed.

The provisions of Article V read in a similar manner as Article IV, but production facilities.
Are concerned with chemical weapon

Article VI talks to those activities not prohibited under the Convention; that is, the
development, production, acquisition, retention, transfer, and uses of toxic chemicals and their
precursors for purposes other than that prohibited under the CWC.

Article VII specifies the obligations of signatory-states, including the adoption of national
measures implementing those obligations. It also defines the establishment of the necessary
relationships between the state and the CWC organization.

Article VIII gives a description of the organization including its organs: the Conference of the
States Parties to which all signatories have membership, the Executive Council – a smaller
group, the members of which are elected by the Conference, and the Technical Secretariat – a
group established to assist the other two organs in the performance of their functions, and to
carry out the verification measures so specified in this Convention.

Consultations, cooperation, and factns,” finding among member states as well as with the
Organization are addressed in Article IX.

Article X discusses both Organizationprovi ded protection available against chemical

weapons, and advice on protective measures.

Article XI provides the economic and technological development provisions for chemical
activities not prohibited under the Convention. Situational redressmeasures to ensure
compliance with Convention provisions are described in

Article XII, in addition to the means for and of imposing sanctions. Convention relationships
to other international agreements are stated in Article XIII,

Article XIV is concerned with the settlement of disputes arising from the application or
interpretation of the provisions of the Convention.

The procedures for proposing Amendments to the Convention are given in Article XV, and
the time duration of the Convention, as well as the means whereby a member state may
withdraw from the Convention is given in Article XVI.
The remaining articles (XVII through XXIV) are concerned with Convention administrative
matters.

Ratification

Before the CWC came into force in 1997, 165 states signed the convention, 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 March 2021, 193 states, representing over 98 percent of
the world's population, are party to the CCWC

Of the four United Nations member states that are not parties to the treaty, Israel has signed
but not ratified the treaty, while Egypt, North Korea, and South Sudan have neither signed
nor acceded to the convention. Taiwan, though not a member state, has confirmed that it
complies with the treaty.

The status of the signature and ratification of the Chemical Weapons Convention has generally
been positive. Most countries have recognized the imperative to join the global effort to curb
the proliferation of chemical weapons, which pose a severe threat to international peace and
security. By signing the CWC, nations pledge not to develop, produce, acquire, stockpile, or
retain chemical weapons and to take measures to destroy any existing stockpiles.

Several countries, however, have not yet acceded to the convention. Notable examples include
North Korea, which has been widely criticized for its alleged use and development of chemical
weapons. The importance of achieving universal adherence to the CWC cannot be overstated,
as the effectiveness of the treaty relies on the comprehensive participation of the international
community.
Key features of the The CW Convention

1.Comprehensive Prohibition

The CWC establishes a comprehensive and categorical prohibition on the development,

production, acquisition, stockpiling, retention, and use of chemical weapons. This prohibition
extends not only to state parties but also to non-state parties, making it a universal and absolute
ban. This all-encompassing prohibition reflects the global commitment to eradicating chemical
weapons and preventing their re-emergence.

2.Verification and Inspection Mechanisms

A cornerstone of the CWC is its robust verification and inspection regime. The treaty
establishes the Organization for the Prohibition of Chemical Weapons (OPCW), an
independent international organization tasked with implementing the provisions of the
Convention. The OPCW has the authority to conduct routine and challenge inspections,
ensuring that state parties comply with their obligations under the treaty. This verification
mechanism enhances transparency and fosters trust among member states.

3.Destruction of Existing Stockpiles

State parties to the CWC are obligated to destroy their existing stockpiles of chemical weapons
under the supervision of the OPCW. This process involves the destruction of chemical weapons
production facilities and the disposal of chemical weapons in an environmentally safe manner.
The destruction of stockpiles is a time-consuming and complex task, but it is crucial for
achieving the goals of the Convention and preventing the use of existing arsenals.

4.Chemical Industry Monitoring

Recognizing the dual-use nature of many chemicals that can be used for both peaceful and
military purposes, the CWC includes provisions for monitoring chemical industry activities.
States parties are required to declare their chemical production facilities and activities to the
OPCW, allowing for routine inspections to verify that these facilities are not engaged in
prohibited chemical weapons-related activities. This aspect of the CWC helps prevent the
diversion of chemicals for illicit purposes.

5.Non-Discrimination and Universality

The CWC promotes non-discrimination among its state parties, emphasizing equal rights and
obligations for all. It encourages the widest possible adherence and seeks to achieve
universality. The treaty has been successful in garnering broad support, with the majority of
the world's nations becoming state parties. This universality reinforces the norm against
chemical weapons, reducing the likelihood of their use and contributing to global security.

Critical Appraisal
The Chemical Weapons Convention (CWC) stands as a pivotal international treaty aimed at
prohibiting the development, production, acquisition, stockpiling, retention, transfer, and use
of chemical weapons. Adopted in 1993 and entering into force in 1997, the CWC represents a
multilateral effort to eradicate the threat posed by chemical weapons, emphasizing
disarmament, non-proliferation, and peaceful use of chemistry. However, a critical appraisal
reveals both strengths and weaknesses in the convention’s implementation and effectiveness.

One of the notable strengths of the CWC lies in its comprehensive scope. The convention
encompasses a wide range of chemical substances that could be weaponized, promoting a
holistic approach to disarmament. The extensive verification measures, including routine
inspections and data exchanges among member states, enhance transparency and trust. The
Organization for the Prohibition of Chemical Weapons (OPCW), established to oversee the
CWC’s implementation, plays a crucial role in ensuring compliance through its investigative
and monitoring mechanisms.

However, challenges persist in the complete elimination of chemical weapons. Some countries,
notably non-signatories like North Korea and Syria, have violated the convention, raising
questions about its enforceability. The CWC’s inability to prevent these violations highlights
the limitations of relying solely on international agreements for disarmament. The absence of
a robust enforcement mechanism undermines the credibility of the convention and weakens its
deterrent effect.

Another critique pertains to the issue of dual-use chemicals. The convention faces difficulties
in distinguishing between chemicals with legitimate civilian uses and those intended for
weapons. This ambiguity creates challenges in monitoring and verifying compliance, as some
states may exploit the dual-use nature of certain chemicals to conceal illicit activities. The
evolving nature of chemical technology further complicates efforts to stay ahead of potential
threats, necessitating continuous adaptation of the convention to emerging challenges.

Furthermore, the CWC has been criticized for its limited ability to address non-state actors’
acquisition and use of chemical weapons. Terrorist organizations and rogue entities pose a
growing concern in the contemporary security landscape. The convention’s focus on state
parties may not be sufficient to counter these emerging threats effectively. Strengthening
international cooperation and intelligence sharing is essential to addressing the gaps in the
convention’s coverage.

Despite these challenges, the CWC has achieved significant successes in the destruction of
declared chemical weapons stockpiles. Several member states, including major possessors such
as the United States and Russia, have made substantial progress in eliminating their arsenals.
This demonstrates the convention’s potential to facilitate disarmament when there is political
will and cooperation among states.

In conclusion, the Chemical Weapons Convention represents a commendable effort to address

the menace of chemical weapons on a global scale. Its comprehensive scope, verification
measures, and the role of the OPCW contribute to its effectiveness in promoting disarmament.
However, challenges related to enforcement, dual-use chemicals, and non-state actors highlight
the need for continuous adaptation and improvement. Strengthening international cooperation
and addressing the convention’s limitations are crucial for ensuring a world free from the threat
of chemical weapons.
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https://www.acs.org/content/dam/acsorg/events/program-in-a-
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