Chemical weapons definition

The agents in this class are bicyclophosphates and bicyclothiophosphates. This class of agents is not specifically listed in the Chemical Weapons Convention nor is it covered by the language of the general definitions in the Schedules. Some of these chemicals have been used as fire retardants, oil lubricants, and for medicinal research. They also occur as breakdown products in some synthetic turbine engine lubricants and some rigid polyurethane foams. 

By and large, the negotiators managed to agree on a wide scope and a comprehensive set of prohibitions. Of particular importance in this context is the definition of chemical weapons used by the CWC. 

This definition is contained in paragraph 1 of Article II. It covers toxic and precursor chemicals (paragraph 1(a)), munitions and devices specifically designed for chemical weapons purposes (paragraph 1(b)), and any equipment specifically designed for direct use in the employment of such munitions and devices (paragraph 1(c)). The term applies to them together or separately. 

By including precursor chemicals in the definition, the term chemical weapon also extends to items that in conventional thinking would be considered not to have the quality of a weapon yet. For example, bulk precursor chemicals that have been manufactured for chemical weapons purposes are themselves to be regarded as a chemical weapon. ... 

The most striking feature, however, is the way in which toxic chemicals and their precursors are dealt with. Although toxicity is the basic characteristic of chemical weapons, it was considered inadequate as a criterion for definition purposes. This is particularly obvious in relation to the so-called dual-use chemicals , i.e. chemicals that have legitimate applications yet may also be used as chemical weapons, or had been in the past. Examples are chlorine and phosgene, which are basic industrial intermediates used widely in the chemical industry but which had been weaponized and used as chemical weapons in the past. 

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. ... 

That kind of definition resulted from the fact that binary chemical weapons had to be... 

Another national implementation issue raised was that a number of States Parties have tended to focus exclusively on specific CWC obligations, and have not developed legislation relevant to the more general requirements of the CWC, such as those in Article I, which embodies the prohibition on chemical weapons. Important in this regard is implementation of the general-purpose definition of chemical weapons, which recognizes that, in addition to the chemicals listed in the CWC Schedules, other toxic chemicals could be used as chemical weapons, either as part... 

However, the expression comprehensive nature of the prohibition of chemical weapons was used instead of the more familiar expression general purpose definition . See Review Document, paras 21 23. 

The Review Document simply stated The First Review Conference considered the impact of developments in science and technology on the Convention s prohibitions. The definitions contained in Article II, in particular of the terms chemical weapons and chemical weapons production facihty , were found to adequately cover these developments and to provide for the apphcation of the Convention s prohibitions to any toxic chemical, except where such a chemical is intended for purposes not prohibited by the Convention, and as long as the types and quantities involved are consistent with such purposes (Review Document, para. 23). 

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. ... 

It is evident65 that the US military is still attempting to discover new forms of chemical incapaci-tant. Moreover, some might argue that the peaceful purpose exemption of Article II.(9)(d) of the Chemical Weapons Convention, which allows for Law enforcement including domestic riot control purposes , would allow quite new law enforcement chemicals with complex physiological effects on humans to be developed - particularly as no definition is offered for what chemicals are permitted for law enforcement other than that Schedule 1 chemicals may not be used. 

The term chemical warfare agents ideally would comprise all toxic chemicals that have been developed, produced, or used in a military context with the intention of utilizing its toxicity to man, animals or plants as its primary weapons characteristic. This definition excludes a considerable number of toxic chemicals used in a military environment, which serve other purposes a case in point is rocket fuel, which is highly toxic, but whose primary purpose is the propulsion of a missile. On the other hand, this definition goes beyond that used in the Chemical Weapons Convention (CWC) according to the CWC s Article II, para. 2 only those chemicals which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals (emphasis added)1 count as chemical warfare agents. 

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. 

It has to be emphasized, however, that these three Schedules are neither intended to serve as an alternative definition of a chemical weapon under the CWC, nor are the lists set in concrete. Rather, these lists are used for declarations by states parties and verification activities of the OPCW with respect to routine inspections and as such do not circumscribe the scope of the Convention. It follows from this that any chemical, whether listed under a Schedule or not, has to be considered a chemical weapon if it has been produced, stored or used for that purpose. 59 If required, Schedules can be updated more easily than the text of the Convention itself, in order to reflect changes in the S T environment.60... 

For destruction of a chemical weapon, input would be the quantity of agent in a munition and output would be the quantity of agent in all the final residual streams after die detonation process has destroyed that munition. For comparison, the definition of destruction and removal efficiency is... 

---