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Cta^ Ft/„ J- the Projected Chemical Weapons Convention: a Guide To y UNITED NATIONS*" ■ T^TEiS ROF /RIDI™ 90/7 — pCTERENOl^ LIBRARX^ L !' Vt Villi-....... UNIDIR Cta^ ft/„ j- United Nations Institute for Disarmament Research Geneva The Projected Chemical Weapons Convention: A Guide to the Negotiations in the Conference on Disarmament Thomas Bernauer UNITED NATIONS New York, 1990 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. UNIDm/90/7 UNITI D NATIONS PUBLICATION Sales No. GV.E.90.0.3_______ ISBN 92-9045-041-X 05000P UNITED NAT I OSS ^ iii DEPARTMENT FOR DISARMAMENT MF A I K 9 ^s^EEFEESHCB LIERMX^" •• V,iSVi\iL\.............. PREFACE In 1989, UNIDIR started a project which is to result in a series of research reports on the multilateral arms control and disarmament negotiations in the Conference on Disarmament in Geneva. One of the reasons to engage in such a project was that, in general, these negotiations receive limited media coverage although they have produced several important agreements. The reports will outline the evolution of the negotiating issues, explain and analyze the positions of delegations to the CD, assess where we stand, and point to possible trends. They are intended to provide diplomats, researchers, and the interested public with the background information necessary to follow future developments in the CD, and to participate actively in the negotiations, discussion, or research on the issues concerned. The negotiations on chemical weapons were chosen as the first subject For many years, this issue has received great attention in the CD and outside. The year 1989 in particular has brought rapid developments in the negotiations which have been underscored by the Paris Conference in January 1989 and the Canberra Conference in September 1989. This research report was written by Thomas Bemauer who is a research associate at UNIDIR. UNIDIR would like to make it clear that the views expressed in this research report are the responsibility of the author and not of UNIDIR. Although UNIDIR customarily takes no position on the views and conclusions expressed by individual authors it does assume responsibility for determining whether research reports merit publication and, consequently, we commend this report to the attention of its readers. UNIDIR would like to thank the Ford Foundation who kindly funds this project and Dr. Jozef Goldblat who serves as a consultant of UNIDIR. Jayantha Dhanapala Director UNIDIR United Nations Institute for Disarmament Research UNIDIR is an autonomous institution within the framework of the United Nations. It was established in 1980 by the General Assembly for the purpose of undertaking independent research on disarmament and related problems, particularly international security issues. The work of the Institute aims at: (a) Providing the international community with more diversified and complete information on problems relating to international security, the armaments race, and disarmament in all fields, particularly in the nuclear field, so as to facilitate progress, through negotiations, towards greater security for all States and towards the economic and social development of all peoples; (b) Promoting informed participation by all States in disarmament efforts; (c) Assisting ongoing negotiations on disarmament and continuing efforts to ensure greater international security at a progressively lower level of armaments, particularly nuclear armaments, by means of objective and factual studies and analyses; vd) Carrying out more in-depth, forward-looking, and long-term research on disarmament, so as to provide a general insight into the problems involved, and stimulating new initiatives for new negotiations. The contents of this publication are the responsibility of the author and not of UNIDIR. Although UNIDIR takes no position on the views and conclusions expressed by the authors of its research reports, it does assume responsibility for determining whether they merit publication. UNIDIR Palais des Nations CH-1211 Geneva 10 Tel. (022) 734.60.11 V TABLE OF CONTENTS PREFACE BY THE AUTHOR....................................................................................xi ABBREVIATIONS........................................................................................................xiii INTRODUCTION......................................................................................................... 1 PART ONE: BASICS CHAPTER I The Negotiating Body............................................................. 5 CHAPTER II The "Rolling Text"................................................................. 9 CHAPTER HI Chemical Arms Control and Disarmament: An Overview........................................................................... 11 3.1 The Geneva Protocol...................................................... 12 3.2 The Disarmament Conference of the League of Nations...................................................................... 13 3.3 World War II and After..................................................13 3.4 Renewed Attention to the Problem of Chemical and Biological Weapons and United Nations’ Involvement....................................................................14 3.5 Strengthening the Geneva Protocol.................................16 3.6 Intensifying Efforts to Reach a Total Ban on Chemical and Biological Weapons, and the Conclusion of the BWC in 1972.....................................18 3.7 Negotiations on a Comprehensive Ban on Chemical Weapons.........................................................20 3.7.1 Draft Conventions Submitted in the 1970s....................................................................20 3.7.2 Bilateral Negotiations Between the United States and the Soviet Union 1976 - 1980..................................21 3.7.3 The Special Sessions of the UN General Assembly Devoted to Disarmament................................................21 3.7.4 The Question of Verification at the Beginning of the 1980s...................................................................21 3.7.5 The US Draft Convention of 1984................................. 22 3.7.6 The Negotiations from 1984 to 1985.............................. 23 3.7.7 The Negotiations in 1986............................................... 25 3.7.8 Developments in 1987.................................................... 26 3.7.9 Developments in 1988.................................................... 26 3.7.10 Developments in 1989.................................................... 27 3.7.11 Major Proposals by the United States and the Soviet Union in 1989............................................... 29 CHAPTER IV The "Surroundings" of Current Negotiations on the Chemical Weapons Convention............... ...............................33 4.1 The Use of Chemical Weapons in the Iran-Iraq War......33 4.2 Mechanisms to Investigate Alleged Violations of the Geneva Protocol....................................................... 36 4.3 The Binary Chemical Weapons Programme of the United States............................................................ 39 4.4 French Policy on Chemical Weapons and Chemical Disarmament...................................................43 4.5 The Horizontal Spread of Chemical Weapons.................45 4.6 Proposals for Chemical Weapons Free Zones (CWFZ).... 48 4.7 The Position of the Socialist Countries.......................... 49 4.8 Two Problems Connected with Intrusive Verification.....52 4.9 The Position of the Chemical Industry........................... 54 4.10 The Paris Conference of 7 11 January 1989................ 55 4.11 The Canberra Conference of 18 22 September 1989.... 57 PART TWO: RESULTS OF THE NEGOTIATIONS ON THE PROJECTED CHEMICAL WEAPONS CONVENTION: AGREEMENTS, UNRESOLVED QUESTIONS, GAPS AND PROPOSALS CHAPTER I The Preamble of the Treaty.................................................... 63 CHAPTER II General Provisions on the Scope of the Convention.............. 65 CHAPTER III Definitions and Criteria.......................................................... 71 3.1 "Chemical Weapons"......................................................71 3.2 "Toxic Chemical".......................................................... 77 3.3 "Purposes not Prohibited by the Convention".................79 3.4 "Precursor".................................................................... 79 3.5 "Chemical Weapons Production Facility" (CWPF)..........80 CHAPTER IV Declarations by the Parties to the Treaty.............................. 83 4.1 Declarations Concerning Chemical Weapons................. 83 4.2 Declarations Concerning CWPF.................................... 84 4.3 Other Declarations........................................................ 84 CHAPTER V Provisions Concerning Existing Chemical Weapons.............. 87 5.1 Declarations Concerning CW and CW Storage Facilities.....................................................87 5.2 The Verification of Declarations, the Monitoring of CW Storage Facililities, and the Removal of CW for Destruction........................ 89 5.2.1 Securing CW Storage Facilities and Preparing them for International Verification................................. 89 5.2.2 Agreements on Subsidiary Arrangements....................... 89 vii 5.2.3 International
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