Weapons Convention , general prohibitions

The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, shortly described as Convention on general and comprehensive prohibition of chemical weapons, or Chemical Weapons Convention, abbreviated as CWC, was adopted in 1992 after complex negotiations on the basis of The Conference on Disarmament (and previous multilateral negotiating fora in Geneva), lasting nearly a quarter of a century mainly due to the worldwide spread of chemical industry and relatively easy... 

The Convention on the prohibition of the development, production, stockpiling, and use of chemical weapons and of their destruction (the Chemical Weapons Convention, CWC) was signed on January 13, 1993, and entered into force on April 29, 1997. The CWC includes 24 Articles, the Annex on Chemicals, the Annex on Implementation and Verification (so-called Verification Annex), and the Confidentiality Annex. The Verification Annex, which by the length occupies the majority of the CWC, is written in 11 parts. Article I lists the general obligations of the CWC as shown in Figure 1. 

Seventeen States Parties (SP) have volunteered to provide services of their high-level chemical analytical laboratories to the Organization for prohibition of the Chemical Weapons (OPCW). From these SPs, 18 laboratories (2004) have been designated by the Director-General (DG) of the OPCW to perform analyses as part of the implementation of the Chemical Weapons Convention (CWC) (1). For the purpose of effective implementation, for example, analysis of samples taken during inspections or... 

As already noted, a central provision of the Chemical Weapons Convention (CWC) is the general purpose criterion which prohibits Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as types and quantities are consistent with such purposes . The implementation of this general purpose criterion is placed by Article VI on each State Party which shall adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used within its territory or in any other place under its jurisdiction or control for purposes not prohibited under this Convention . 

Chemical weapons are totally prohibited under the provisions of the Chemical Weapons Convention. The General Purpose Criterion ensures that all toxic chemicals, past, present and future, are prohibited unless they are for purposes not prohibited under the Convention. The regime against chemical weapons will become more effective as the Chemical Weapons Convention approaches universality and international initiatives in regard to toxic chemicals become more widely applied throughout the world. National measures to ensure that toxic chemicals do not present a risk to health and safety can and should be harnessed to ensure effective implementation of the obligations under the Chemical Weapons Convention to ensure that such chemicals are only used for purposes permitted under the Convention. 

BWC—Officially known as the Convention on the Prohibition of Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. The BWC works toward general and complete disarmament, including the prohibition and elimination of all types of weapons of mass destruction. 

Nevertheless, it was events in Kurdistan in particular which fully illustrated both the ambiguity of what was banned and the absence of verification measures under the Geneva Protocol. Only use of chemical weapons was banned, not possession. In 1972 the United Nations General Assembly had adopted the Convention of the Prohibition of the Development, Production and Stockpiling of Biological Weapons. Chemical weapons fell outside this convention and by 1988 it became clear that a chemical weapons treaty was urgently needed to place effective constraints on the proliferation of these weapons worldwide. 

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 provisions of the CWC itself, as with other aspects of the OPCW s work and mandate, provide the framework within which any elaboration of its universality must proceed. Although the word universality does not appear explicitly in the text, the first, sixth and final preambles to the CWC nevertheless make reference to progress towards general and complete disarmament under strict and effective international control , to exclude completely the possibihty of the use of chemical weapons , and the complete and effective prohibition of. .. chemical weapons . Clearly, none of these aims can be fuUy realized without adherence by all states and fulfilment of the requirements to implement the CWC in and across all jurisdictions. This has been consistently recognized in decisions of successive sessions of the Conference of the States Parties to the CWC and through the development of a plan of action, which is inspired by the objective of achieving universal adherence to the Convention ten years after its entry into force (i.e. by 2007). 

Draft Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, in Report of the Conference on Disarmament to the General Assembly of the United Nations, CD/1173 (3 September 1992). 

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