Chemical Weapons Convention of 1993 (CWC)
The Chemical Weapons Convention (CWC) of 1993 is a pivotal international treaty aimed at prohibiting the development, production, stockpiling, and use of chemical weapons. Opened for signature on January 13, 1993, and entering into force on April 29, 1997, the CWC marked a significant step beyond previous agreements, such as the 1925 Geneva Protocol, by outlawing not only the use but also the possession of chemical weapons. Signatory nations are required to declare their chemical weapon stockpiles and production facilities, providing transparency that aids in forensic investigations of potential chemical weapon usage. The treaty has led to the destruction of significant quantities of declared chemical weapons, with over 23,000 tons eliminated in the first decade alone and the last known stockpile in the United States destroyed by September 2023.
The CWC also established the Organization for the Prohibition of Chemical Weapons (OPCW) to monitor and enforce compliance with the treaty's provisions. Despite the treaty's effectiveness in reducing state-held chemical weapons, concerns remain regarding non-state actors and the potential for illegal production of chemical agents. The CWC includes specific regulations impacting domestic law enforcement, prohibiting the use of certain chemical agents for crowd control to ensure public safety. Overall, the CWC represents a global commitment to eliminating the threat posed by chemical weapons, aiming to enhance international security and protect human rights.
Chemical Weapons Convention of 1993 (CWC)
The Chemical Weapons Convention (CWC) of 1993 is an international agreement designed to outlaw the production, stockpiling, and use of chemical weapons. In addition to contributing to international security, the Chemical Weapons Convention mandated that signatory nations declare all chemical agents they had developed for possible military use and all production facilities for such agents. This information was made publicly available, assisting forensic scientists in their efforts to investigate crimes involving these or similar compounds.
DATE: Opened for signature January 13, 1993; entered into force April 29, 1997
Background
Although crude types of poisonous and other chemical weapons have been known since the Spartans burned sulfur and pitch to create toxic fumes during the Peloponnesian War, it was not until the industrial age that massive quantities of chemical weapons could be produced. The use of substances such as mustard gas and chlorine gas in World War I caused massive deaths and brought chemical weapons to the attention of the world. The 1925 Geneva Protocol sought to limit the use of such weapons, but it did not outlaw the possession of chemical substances that might become weapons. Given that the violation of international law is most likely to happen during wars, at which time the enforcement of the law is least likely, chemical weapons continued to be used at various times throughout the twentieth century, although on a lesser scale than in World War I and often more hidden from public view.
Terms of the Agreement
During the early 1980s, negotiators representing various national governments began seeking to reach an agreement to go beyond the Geneva Protocol and outlaw the possession of chemical weapons. Finally, in 1992, a formal agreement was reached, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, also known simply as the Chemical Weapons Convention, was signed in January of the following year. As the name indicates, the convention broadened international law to prohibit not just the use but also the possession of virtually all chemical substances used as weapons.
The agreement mandated that all countries that signed the new law had to declare all their chemical weapons and production facilities publicly. The convention also included a long-term schedule for the destruction of stocks of weapons. An independent entity, the Organization for the Prohibition of Chemical Weapons, was created to oversee the provisions of the treaty. Of the 71,300 metric tons of chemical weapons declared by the more than 180 nations that have signed the treaty, more than 23,000 tons were destroyed during the first decade after the treaty entered into force. All the sixty-five production facilities declared were either destroyed or converted to peaceful purposes.
By the 2020s, 193 nations had signed the convention. Eight nations admitted to having stockpiles of chemical weapons at the time the CWC entered into force. Of those, seven had destroyed all of their declared stockpiles by 2023. The United States was the last of the eight to destroy its stockpiles, completing the destruction in September 2023.
The international law has thus been upheld, which should have decreased the possibility that illegal groups can obtain chemical weapons, but this has not necessarily been the result. After the technology to create a chemical weapon has been developed, others can copy what had previously been done only in government laboratories.
Sarin Attack and Its Aftermath
Although rare, attempts to use chemical substances as weapons on a large scale have been made by individuals and nongovernmental groups. One of the most widely publicized attempts to use a chemical weapon as a tool of took place in 1995, when members of the Japanese religious cult Aum Shinrikyo released sarin gas, a nerve agent, in the Tokyo subway system. Owing to the relatively small amount of the gas released in the subway cars and an inefficient system of circulating the gas, the death toll was relatively low in this case, with only twelve people killed. Some fifty-five hundred others were injured by the gas, however. It was later found that the sect had legally purchased tons of materials capable of being used in the production of chemical weapons. The laws in Japan concerning such materials have since changed, as this incident brought vividly into focus the scope of the potential dangers posed by chemical weapons.
The fact that one group had used a to push its agenda of destruction made law-enforcement agencies much more vigilant around the world. When the Chemical Weapons Convention had been ratified by enough countries to go into force in 1997, law-enforcement officials gained significant knowledge regarding chemical weapons. As nations declared their weapons stockpiles and production facilities, it became clearer what types of chemical agents might be available and from what sources. After the secrecy surrounding chemical weapons was removed, law-enforcement agencies could make better plans for responding to the threats that did exist. This also facilitated investigation into the possible use of these agents, as law-enforcement personnel could be better prepared to watch for activities that might indicate that criminal groups were trying to create such weapons.
One other aspect of the treaty that affected law-enforcement practices in some countries is the provision limiting the types of chemical agents that can be used for crowd control and other domestic concerns. Unlike some other international treaties, the Chemical Weapons Convention includes provisions that are binding on domestic law-enforcement agencies in signatory nations. P are not allowed to use chemicals that are on the convention’s list of prohibited agents and “have irritation or disabling physical effects which disappear within a short time following termination of exposure.”
Bibliography
Cirincione, Joseph, Jon B. Wolfsthal, and Miriam Rajkumar. Deadly Arsenals: Nuclear, Biological, and Chemical Threats. 2d ed. Washington, D.C.: Carnegie Endowment for International Peace, 2005.
Drell, Sidney D., Abraham D. Sofaer, and George D. Wilson, eds. The New Terror: Facing the Threat of Biological and Chemical Weapons. Palo Alto, Calif.: Hoover Institution Press, 1999.
Kirby, Reid D., and U.S. Army Chemical School. Potential Military Chemical/Biological Agents and Compounds. Wentzeville, Mo.: Eximdyne, 2005.
Sharp, Alexandra. “What the Use of White Phosphorus Means in Warfare.” Foreign Policy, 19 Oct. 2023, www.defense.gov/News/Releases/Release/Article/3451920/us-completes-chemical-weapons-stockpile-destruction-operations/. Accessed 14 Aug. 2024.
Sun, Yin, and Kwok Y. Ong. Detection Technologies for Chemical Warfare Agents and Toxic Vapors. Boca Raton, Fla.: CRC Press, 2004.
Tucker, Jonathan B., ed. Toxic Terror: Assessing the Terrorist Use of Chemical and Biological Weapons. Cambridge, Mass.: MIT Press, 2000.
“US Completes Chemical Weapons Stockpile Destruction Operations.” United States Department of Defense, 7 Jul. 2023, www.defense.gov/News/Releases/Release/Article/3451920/us-completes-chemical-weapons-stockpile-destruction-operations/. Accessed 14 Aug. 2024.