Chemical weapons defined

The CWC comprises a preamble, 24 articles and three annexes on chemicals, verification and confidentiality. It is remarkable for the comprehensiveness of its provisions. It covers the development, production, stockpiling and destruction of chemical weapons, defining a chemical weapon as any toxic chemical or its precursor that, through its chemical action, can cause death, injury, temporary incapacity or sensory irritation. Toxic chemicals are integral to modern industry and medicine on a... 

An overview of chemicals defined as chemical weapons. Main... 

The CWC prohibits the development, production, acquisition, stockpiling, retention, transfer, or use of chemical weapons. Article IV requires that signatories destroy chemical weapons and any special facilities for their manufacture within 10 years (by April 29, 2007). Destruction of chemical weapons is defined as a process by which chemicals are converted in an essentially irreversible way to a form unsuitable for production of chemical weapons, and which, in an irreversible manner, renders munitions and other devices unusable as such (Smithson, 1993). The method of destruction is determined by each country, but the manner of destruction must ensure public safety and protection of the environment. 

The foundation of the CWC s inspection activities was based around the declaration by member states of their chemical weapons capabilities and activities. Nations with chemical warfare programmes were required to declare their production, storage and destruction facilities, which would then receive top monitoring priority. Nevertheless, the CWC did allow states to maintain research programmes to ensure the integrity of defensive equipment such as gas masks and gas detectors, but these activities were also to be closely monitored since they involved work with the chemical agents listed on Schedule l.9 Otherwise, all other warfare agents, mustard gas, Lewisite, soman, sarin, tabun, VX and the capability to produce them were to be eliminated under the watchful eyes of international inspectors (Table 8.1).10 The convention thus defined chemical weapons as any toxic chemical, or its precursors, intended for purposes other than those not prohibited under this convention for... 

For the purpose of implementing the CWC, toxic chemicals and precursors, which have been identified for the application of verification measures, are listed in Schedules contained in the Annex on Chemicals (for the Schedules, see Chapter 2). Schedule 1 includes chemicals developed, produced, stockpiled, or used as a chemical weapon as defined above, and chemicals structurally close to them. Schedule 2 lists three toxic chemicals not included in Schedule 1 and the degradation products and precursors of these toxic chemicals as well as of those of Schedule 1. Schedule 3 lists four toxic chemicals and precursors not listed in the other Schedules. The Schedules contain mainly organic chemicals with different chemical and physical properties, being neutral chemicals, acids, bases, volatiles, and nonvolatiles, where phosphorus, fluorine, sulfur, chlorine, nitrogen, and oxygen occur frequently. Riot control agents are not included in the Schedules. 

The public access exclusion distance (PAED) provides protection analogous to the inhabited-building distance for explosives. The hazard PAED zone calculated from the MCE shall represent that arc from the agent source containing no more than 10.0, 4.3, and 150,0 mg-min/m of GB, VX, or HD, respectively. Positive means shall be taken to assure that no persons, not directly associated with chemical weapons operations, enter areas so defined. 

This way of defining a weapon is a departure from the practice of many other international arms control agreements. To the extent that weapons are in fact specifically defined in other treaties, a weapon is usually considered to be the entirety of its components, and characterized by certain more or less objective criteria and characteristics that allow a distinction between those types of weapon that are covered by a treaty and those that are not. In the CWC, each of the components of a chemical weapons system in itself already has to be regarded as the prohibited weapon. 

Article II therefore uses not the degree of toxicity of a chemical as a defining criterion but instead its intended purpose ( general purpose criterion ). Any toxic or precursor chemical is regarded as a chemical weapon unless it has been developed, produced, stockpiled or used for purposes not prohibited, and only as long as types and quantities are consistent with such purposes. The definition covers all toxic or precursor chemicals if intended for CW purposes - irrespective of whether they have been listed on one of the Schedules and irrespective of their exact degree of toxicity. ... 

The reach of this provision is extensive and is made more so by the so-called general purpose criterion set out in Article II of the CWC. This defines chemical weapons to mean, inter alia, [tjoxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention as long as the types and quantities are consistent with such purposes . In essence, this definition means that the Article I obligations undertaken by States Parties apply to all toxic chemicals and their precursors. These obligations are not limited to the chemicals that are subject to verification under the CWC. ... 

Both natural and legal persons are covered by the legislation of Australia and France. The Australian Chemical Weapons (Prohibition) Act speaks in terms of prohibitions on persons . This term is not specifically defined in the Act. However, under general principles of Australian law, bodies corporate, as well as individuals, would be covered. Similarly, the French legislation does not explicitly address the issue of the persons that it covers. However, it is apparent from general principles of French law, and from the fact that the penalties section of the legislation identifies penalties for both corporate and natural persons, that both would indeed be covered. 

Based on figures from OPCW annual report for 2002 (i), rounded to the nearest tonne. Excludes chemicals declared in quantities of less than one tonne. One such chemical was the nreve-gas O-ethyl 5-2-dimethylaminoethyl methylphosphonothiolate, also known as medemo or EA 1699. The CWC Verification Annex, in Part IV(A) para. 16, defines Category 1 as chemical weapons on the basis of Schedule 1 chemicals and their parts and components . 

Chemical weapons on the basis of all other chemicals and their parts and components. The CWC goes on to define Category 3 chemical weapons as comprising unfihed munitions and devices, and equipment specifically designed for use directly in connection with employment of chemical weapons . 

It is not difficult to identify elements of our individual lifestyles as well as within our society at large that could be exploited, making us vulnerable to terrorist attack, whether with conventional weapons such as explosives or with biological or chemical weapons. Vulnerabilities do not necessarily indicate a threat, but for a threat to be viable it must exploit an existing vulnerability of the intended target. Falkenrath and others (2001) define vulnerability as a situation of being open to harm, while a threat is the known or suspected presence of an entity with the ability, will, and motive to inflict harm. 

The importance of defining morally acceptable behaviour in terms of specific religious philosophies should not be overlooked. Different religions define different morally acceptable codes of conduct, and one cannot argue that use of a chemical weapon by an enemy is morally wrong unless he subscribes to one s own religious beliefs and one has demonstrated that those beliefs lead to such use being held to be immoral. The difference between ethics and morals arises at this point. 

For the purposes of the CWC, the term chemical weapons is defined in Article II as follows ... 

It can thus be seen, that as in the BTWC, the chemical weapons are defined in the CWC under a general purpose criterion which makes it clear that the prohibition covers any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm and that 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 prohibition thus covers all chemical weapons, past, present and future. 

The Scheduled Chemicals are primarily chemicals which have been used at some time or have been considered for use at some time as chemical weapons. Particular attention is given in the CWC to the verification of such chemicals. However, the designation of some chemicals in the Schedules is merely an aid to the verification of the Convention. It has to be underlined that the prohibitions in the Convention apply to all toxic chemicals as defined in Article II of the Convention and that each State Party is required to adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used... forpurposes not prohibited under this Convention. Consequently the prohibitions are all embracing and the national measures to ensure that toxic chemicals are only used for purposes not prohibited under the Convention are equally all embracing. Chemical weapons are truly totally prohibited. 

To begin with, let me define my terms. From the military point of view, the term chemical weapons includes not only the well-known war gases as they are commonly called, but also the use of flame and smoke on the battlefield. I shall confine myself entirely to the war gases. This term in itself is inaccurate, as many of the chemical compounds concerned are not gases but rather liquids or even solids under ordinary conditions. However, the term has the sanction of established usage everyone knows what it means. It refers simply to the large-scale use of chemicals on the battlefield for their direct casualty-producing effect on the individual soldier after they have come in contact with his skin or been absorbed into his body. 

In order to define which acts are permitted and which are prohibited under the Chemical Weapons Convention, a definition of what constitutes a chemical weapon is required. Besides, the drafters of the CWC had to address the question of which toxic chemicals to cover in the new international treaty. 

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