Investigations of Alleged Use

Draft Working Instruction for the collection of biomedical samples during an investigation of alleged use. 

Sample collection will generally be conducted by the inspected State Party (during investigations of alleged use (IAU), the inspection team may collect the samples itself), however, the IT may collect the sample(s) if agreed in advance between the inspected State Party and the IT [VA.II.52], The IT has the right to conduct sample analysis using its own approved equipment or it may witness analysis performed by the inspected State Party [VA.II.53]. This leads to two different concepts for on-site analysis as laid out below. 

Samples of importance in the investigation of alleged use include toxic chemicals, munitions and devices, remnants of munitions and devices, environmental samples (air, soil, vegetation, water, snow, etc.) and biomedical samples from human or animal sources (blood, urine, excreta, tissue etc.). 

The equipment is selected on the basis of the type of mission to be conducted and the requirements resulting from the Inspection Mandate , which contains the instructions issued by the Director-General to the inspection team for the conduct of a particular inspection. For an Investigation of Alleged Use (IAU) or a Challenge Inspection (Cl), the complete S A equipment will be taken to the site,... 

For Investigation of Alleged Use, the CWC states that the inspection team shall have the right to collect samples of types and in quantities considered necessary if so requested, the ISP shall assist in the collection of samples (CWC VA Part XI Paragraph 16). 

At the conclusion of the negotiation of the Chemical Weapons Convention (CWC) in 1992, this treaty was heralded as a major breakthrough in multilateral arms control. It was the first comprehensively verifiable multilateral treaty that completely banned an entire class of weapons, and went further than any previous treaty in the depth, extent and intrusiveness of its verification. Verification under the CWC includes compulsory national declarations about relevant industrial and military activities, destruction of chemical weapons within a time frame with intrusive verification, and a regime of routine inspections of declared industrial and military facilities. Additional features are the possibility of a challenge inspection, whereby a State Party can request an inspection of any site in another State Party at short notice, and provisions for the investigation of alleged use of chemical weapons. 

Krutzsch W, Myjer E, Trapp R (2014) Issues raised by the accession of Syria to the Chemical Weapons Convention. In Krutzsch W, Myjer E, Trapp R (eds) The Chemical Weapons Convention—a commentary. Oxford University Press, Oxford, p 689 Krutzsch W, Trapp R (2014) Article II definitions and criteria In Krutzsch W, Myjer E, Trapp R (eds) The Chemical Weapons Convention—a commentary. Oxford University Press, Oxford, p 73 Kurzidem T (1998) Challenge inspections and investigations of alleged use. In Bothe M, Ronzitti N, Rosas A (eds) The new Chemical Weapons Convention— implementation and prospects. Kluwer, The Hague, p 249... 

Its main applications will be for analyses in connection with inspections of stockpiles of chemical ammunition, for old and abandoned chemical weapons, and for inspections in chemical industry. Due to the low sensitivity, it will not be of use for trace analyses, as they might occur in investigations of alleged use. 

Investigations of alleged use of chemical weapons, or of alleged use of riot control agents as a method of warfare, iiutiated pursuant to Articles IX or X, shall be conducted in accordance with this Annex and detailed procedures to be established by the Director-General. 

Immediately upon the receipt of a request for an investigation of alleged use of chemical weapons the Director-General shall, through contacts with the relevant States Parties, request and confirm arrangements for the safe reception of the team. 

Director-General s obligation to inform the Executive Council of requests for investigations of alleged use... 

C-I/DEC.46 adopted by the Conferenee of the States Parties at its First Session on 16 May 1997 and entitled Understanding on the status of qualified experts in the context of investigations of alleged use ... 

Adopts the rmderstanding on the status of qualified experts in the eontext of investigations of alleged use. 

Recalling that the Commission, in its PC-Xn/17, subparagraph 8.6(b), adopted a document on sampling and analysis during investigations of alleged use of chemical weapons . 

Adopts the document on sampling and analysis during investigations of alleged use of chemical weapons . 

SAMPLING AND ANALYSIS DURING INVESTIGATIONS OF ALLEGED USE OF CHEMICAL WEAPONS ... 

The First Review Conference noted that no challenge inspections or investigations of alleged use had been requested of the OPCW since the entry into force of the Convention. 

The Second Review Conference noted the preparations that the Secretariat had undertaken since entry into force in order to respond swiftly and effectively to any request for a challenge inspection or investigation of alleged use. It recalled with appreciation the support provided by States Parties for challenge inspection exercises. 

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