UNIT 4 AOS 1 AC INTL LAW 2

Question 1

The 1993 Chemical Weapons Convention (CWC): AIMS

Answer 1

Aims of CWC:
- Elimination of Chemical Weapons:
- Destruction of Existing Stockpiles:
- The CWC mandates that all signatory states must destroy their existing chemical weapons stockpiles and any chemical weapons production facilities they possess.

• Prohibition of Production: The treaty prohibits the development, production, acquisition, stockpiling, and retention of chemical weapons.
• Non-Proliferation:
• Preventing the Spread: The CWC aims to prevent the spread of chemical weapons and related technologies. It requires member states to take necessary measures to ensure that chemical weapons do not proliferate to non-state actors or other countries.
• International Verification:
• Verification Regime: The CWC establishes a comprehensive verification regime to ensure compliance with the treaty. This includes routine inspections of chemical industries and the monitoring of the destruction of chemical weapons.
• Inspections: The Organization for the Prohibition of Chemical Weapons (OPCW) conducts inspections and verification measures to ensure that member states adhere to the treaty’s obligations.
• Promotion of Peaceful Use of Chemicals:
• Encouraging Peaceful Use: The treaty promotes the peaceful use of chemistry and ensures that the production and use of chemicals are for purposes not prohibited under the CWC, such as medical, pharmaceutical, and industrial applications.

Question 2

Enforcement mechanisms

Answer 2

Force and enforcement mechanisms:
Monitoring and inspection:
- The Organisation for the Prohibition of Chemical Weapons (OPCW) is the implementing body of the CWC. It oversees the verification process, monitors compliance, and facilitates the destruction of chemical weapons.
- The OPCW conducts inspections and monitors chemical industries to ensure that toxic chemicals are not diverted to weapon programs.
- The OPCW conducts regular inspections of chemical plants and facilities that produce, store, or use chemicals listed in the CWC’s schedules. These inspections verify that the chemicals are used for peaceful purposes.
Declaration and transparency:
- States parties are required to declare chemical weapons stockpiles, production facilities, and relevant chemical industries. These declarations are subject to verification by the OPCW.
- States must provide annual reports on their activities related to scheduled chemicals. This data is used to monitor compliance and detect any anomalies or potential violations.
Destruction of chemical weapons:
- The CWC mandates the destruction of all chemical weapons and production facilities within specified timelines. States parties must comply with these deadlines and submit progress reports to the OPCW.
Compliance mechanisms:
- The OPCW Executive Council reviews compliance reports, addresses concerns about non-compliance, and can recommend enforcement actions. The council consists of representatives from member states and plays a central role in decision-making.
Sanctions and penalties:
- The OPCW can impose diplomatic measures, such as suspending a state’s rights and privileges under the CWC, including voting rights and eligibility for positions within the organization.
Effectiveness:
- The Chemical Weapons Convention (CWC) has successfully reduced chemical weapons worldwide and is supported by almost all countries. However, it struggles with non-state actors, hidden stockpiles, and political issues, making enforcement difficult. Continued effort and resources are needed to keep it effective against new threats
- Despite international efforts to eliminate chemical weapons, ISIS has been reported to use chlorine and sulphur mustard gas in attacks in Syria and Iraq, showcasing the challenges the CWC faces in addressing chemical weapons use by non-state groups

Question 3

Successful and unsuccessful CWC treaty

Answer 3

Example of when treaty was successful:
- Libya’s remaining chemical weapon stockpile (2016-2018)
- Libya, under the regime of Muammar Gaddafi, had developed a chemical weapons program. After Gaddafi’s overthrow in 2011, Libya declared its chemical weapons stockpile and began the destruction process. In 2016, the Libyan government discovered previously undeclared chemical weapons materials and informed the Organisation for the Prohibition of Chemical Weapons (OPCW). Libya declared its remaining chemical weapons to the OPCW, demonstrating its commitment to the CWC. With the help of a few countries including Germany, Denmark, Canada, and the US, the chemicals were safely transported to Germany, where they were destroyed in specialised facilities

Example of when the treaty was unsuccessful:
- Syria’s use of chemical weapons (2014-2021)
- Despite Syria’s accession to the Chemical Weapons Convention (CWC) in 2013 and the subsequent efforts to dismantle its declared chemical weapons stockpile, there have been numerous reports and confirmed cases of chemical weapons use in Syria from 2014 onward.
- On April 4, 2017, a chemical attack in Khan Shaykhun killed dozens and injured hundreds, with evidence pointing to the use of sarin gas. Investigations by the OPCW-United Nations Joint Investigative Mechanism (JIM) attributed the attack to the Syrian government.

Question 4

Realist response to arms control

Answer 4

USA’s withdrawal from the Intermediate – Range Nuclear Forces (INF) treaty 2019 (realist):
Details:
- The INF Treaty, signed in 1987 by the United States and the Soviet Union, eliminated all ground-launched ballistic and cruise missiles with ranges between 500 and 5,500 kilometres.
- In 2019, the United States formally withdrew from the INF Treaty, citing repeated Russian violations of the treaty terms. This decision was driven by a realist perspective that prioritized national security and military advantage over maintaining an arms control agreement that was perceived to be ineffective due to non-compliance by a major adversary.

Question 5

Cosmopolitan response to CWC treaty

Answer 5

European Union’s (EU) role in the nuclear deal (2015) (cosmopolitanism):
Details:
- The Joint Comprehensive Plan of Action (JCPOA), commonly known as the Iran Nuclear Deal, was agreed upon in 2015 between Iran and the P5+1 (the five permanent members of the UN Security Council plus Germany), along with the European Union (EU). The deal aimed to limit Iran’s nuclear program in exchange for lifting economic sanctions, thereby preventing the proliferation of nuclear weapons and promoting peaceful uses of nuclear energy
- The EU played a crucial role in negotiating and supporting the JCPOA, embodying a cosmopolitan approach that emphasizes international cooperation, multilateral diplomacy, and the prioritization of global security over national interests.
- The EU, particularly through the efforts of then-High Representative Federica Mogherini, was instrumental in facilitating the negotiations and bridging differences between Iran and the other signatories.
- The EU’s approach to the JCPOA exemplified a commitment to multilateralism and the rule of international law, as the deal was negotiated within the framework of the UN and involved multiple global actors.