Toxic Weapons definition

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. 

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. ... 

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... 

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. ... 

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. 

Lit. c excludes chemicals used for (m)ilitary purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare . This was meant to exclude from the definition... 

Chemical weapons are those weapons capable of disseminating chemical warfare agents, defined by a United Nations report as chemical substances, whether gaseous, liquid, or solid, which might be employed because of their direct toxic effects on man, animals and plants . This definition, unlike that of the United States Department of Defense,... 

A State Party shall treat old chemical weapons that have been confirmed by the Technical Secretariat as meeting the definition in Article II, paragraph 5 (a), as toxic waste. It shall inform the Technical Secretariat of the steps being taken to destroy or otherwise dispose of such old chemical weapons as toxic waste in accordance with its national legislation. 

Looking beyond the challenges of chemical warfare in the traditional sense, the workshop observed that the Convention now faces new challenges, such as the potential use of toxic industrial chemicals (for example, by non-State actors). This may require States Parties to look again at the assistance-and-protection provisions in the Convention, and some participants argued it would be necessary to reconsider the definition of what constitutes a chemical weapon. 

Article II covers definitions and criteria . The term chemical weapons is to apply to toxic, lethal, super-toxic and harmful chemicals including key precursors, except where they are intended for purposes not prohibited by the Convention as long as the types and quantities involved are consistent with such purposes . It also embraces munitions and devices specifically designed to cause death or other harm by releasing toxic chemicals. Further work remains to be done on this article to cover the position of riot control agents, chemicals which, although not toxic in themselves, could be used to increase the effect of chemical munitions, and the definitions relating to binary munitions. 

According to the CWC definition, the presence of a chemical in a munition does not automatically make the munition or the chemical into a chemical weapon. Thus, weapons containing napalm or white phosphorus, for example, are not chemical weapons because the primary effect of such weapons depends on the incendiary properties of these chemicals rather than on their toxicity. 

The CWC contains a general purpose criterion (GPC) that bans the production and use of all toxic chemicals except where they are to be used for peaceful purposes, such as would be the case for a commercial pesticide. The GPC is the principal mechanism by which technological and scientific developments can be taken into account by the Organization for the Prohibition of Chemical Weapons (OPCW), the organization that implements the CWC. The definition in the CWC is phrased to ensure that bulk CW storage containers and binary chemical weapon or other multicomponent systems are covered by the convention. See also BIOLOGICAL... 

---