Preventing Chemical Weapons Arms Control and Disarmament as the Sciences Converge Preventing Chemical Weapons Arms Control and Disarmament as the Sciences Converge Edited by Michael Crowley University of Braford, UK Email: [email protected] Malcolm Dando University of Braford, UK Email: [email protected] and Lijun Shang University of Braford, UK Email: [email protected] Print ISBN: 978-1-78262-649-7 PDF ISBN: 978-1-78801-009-2 EPUB ISBN: 978-1-78801-472-4 A catalogue record for this book is available from the British Library © The Royal Society of Chemistry 2018 All rights reserved Apart from fair dealing for the purposes of research for non-commercial purposes or for private study, criticism or review, as permitted under the Copyright, Designs and Patents Act 1988 and the Copyright and Related Rights Regulations 2003, this publication may not be reproduced, stored or transmitted, in any form or by any means, without the prior permission in writing of The Royal Society of Chemistry or the copyright owner, or in the case of reproduction in accordance with the terms of licences issued by the Copyright Licensing Agency in the UK, or in accordance with the terms of the licences issued by the appropriate Reproduction Rights Organization outside the UK. Enquiries concerning reproduction outside the terms stated here should be sent to The Royal Society of Chemistry at the address printed on this page. Whilst this material has been produced with all due care, The Royal Society of Chemistry cannot be held responsible or liable for its accuracy and completeness, nor for any consequences arising from any errors or the use of the information contained in this publication. The publication of advertisements does not constitute any endorsement by The Royal Society of Chemistry or Authors of any products advertised. The views and opinions advanced by contributors do not necessarily reflect those of The Royal Society of Chemistry which shall not be liable for any resulting loss or damage arising as a result of reliance upon this material. The Royal Society of Chemistry is a charity, registered in England and Wales, Number 207890, and a company incorporated in England by Royal Charter (Registered No. RC000524), registered office: Burlington House, Piccadilly, London W1J 0BA, UK, Telephone: +44 (0) 207 4378 6556. Visit our website at www.rsc.org/books Printed in the United Kingdom by CPI Group (UK) Ltd, Croydon, CR0 4YY, UK Foreword The life and chemical sciences are in the midst of a period of rapid and revo- lutionary transformation. The advances in science and technology, including those that result from convergence at the intersection of chemistry and biology, and progress in parallel disciplines and technologies, notably nanoscience and nanotechnology, are expected to bring about a wide range of societal benefits. In medicine, this could yield better diagnostic tools, prophylaxes and treatments, with, for example, an increasing ability to tailor drugs to the needs of individual patients; in agriculture, more environmentally hardy and disease resilient crops are being developed and farmed; energy production employing new bio-fuels and processes is being explored; and there are also advances towards more efficient, safer, environmentally friendly and sustain- able production of consumer and industrial materials specifically designed to meet particular needs. Inevitably, such transformational scientific and technological develop- ments potentially have malign applications, and the dangers of such misuse have potentially profound implications for arms control and disarmament. Scientific advance could lead to the discovery or development of novel chem- ical agents, a greater ability to deliver these chemical agents to specific targets within the human body, and new or enhanced means of chemical agent dis- persal over increasingly wider areas effecting greater numbers of people; eventually, such developments may even lead to the capability, or perceived capability, to conduct new forms of chemical warfare. Such concerns are exacerbated by the unstable nature of the international security environment at the present time, with continuing warfare in the Middle East, threatened conflict in the Korean peninsula, the large-scale dis- placement and migration of people across the globe, the growth of extremist groups, and continuing terrorist attacks in many countries. This instability is likely to continue for many years and could fuel the further use of diverse Preventing Chemical Weapons: Arms Control and Disarmament as the Sciences Converge Edited by Michael Crowley, Malcolm Dando and Lijun Shang © The Royal Society of Chemistry 2018 Published by the Royal Society of Chemistry, www.rsc.org v vi Foreword toxic chemicals as improvised weapons, a desire by certain States to retain and employ existing stockpiles of chemical weapons, as well as increased interest in developing more advanced systems of chemical weapons. Utilising a multi-disciplinary approach, and drawing upon an interna- tional group of experts, this book analyses current and near-term predictions of developments in relevant chemical and life sciences, and assesses the risks of their potential misapplication in the development of chemical weap- ons either through State programmes or by non-State actors such as armed opposition groups, terrorist organisations or criminal networks. The book analyses the current capabilities, limitations and failures of the existing rele- vant international arms control and disarmament instruments—notably the Chemical Weapons Convention—in preventing the development and use of chemical weapons. Through the employment of an innovative Holistic Arms Control methodology, the authors also look beyond the bounds of such trea- ties, to explore the full range of international law, international agreements and regulatory mechanisms potentially applicable to weapons employing toxic chemical agents, in order to develop recommendations for more effec- tive routes to combat their proliferation and misuse. This book is a call to action for the international scientific and governmen- tal communities, underlining the vital importance of their active protecting and nurturing of the prohibition against poison and chemical weapons; and of building effective and responsive measures to ensure that the rapid advances in chemistry and the life sciences are safeguarded from malign use and are instead employed for the benefit of us all. Diana Anderson University of Bradford Contents Section I: Introduction Chapter 1 Introduction: Preventing the Re-emergence of Chemical Weapons 3 Michael Crowley, Malcolm Dando and Lijun Shang 1.1 The Context 3 1.2 Concept for the Book 5 1.3 Holistic Arms Control 6 1.4 The Structure of the Book 7 References 9 Chapter 2 The Changing Nature of the Chemical and Biological Weapons Threat 10 Paul Rogers 2.1 Introduction 10 2.2 Mass Casualty and Mass Effect Attacks 12 2.2.1 LTTE and the Bombing of the Colombo War Trade Centre 12 2.2.2 The 1994 Attempted Attack on Paris 13 2.2.3 The Provisional IRA and the London Bombings, 1992–97 13 2.2.4 Aum Shinrikyo 14 2.3 Relevant Elements of the Context of the War of Terror 14 2.4 Wars in Afghanistan and Iraq 17 2.5 Implications for Future Security 18 Preventing Chemical Weapons: Arms Control and Disarmament as the Sciences Converge Edited by Michael Crowley, Malcolm Dando and Lijun Shang © The Royal Society of Chemistry 2018 Published by the Royal Society of Chemistry, www.rsc.org vii viii Contents 2.6 Revolts from the Margins 19 2.7 Responses to the New Security Challenges 21 2.8 The Risk of CBW Development and Use in the New Security Context 21 2.9 Conclusions 22 References 23 Section II: The Chemical and Biological Weapons Prevention and Disarmament Regime Today Chapter 3 The Chemical Weapons Convention – Past Success, Current Challenges 27 R. Trapp 3.1 Introduction 27 3.2 Key Concepts and Provisions of the Chemical Weapons Convention 30 3.2.1 Elimination of Chemical Weapons Programmes 30 3.2.2 Preventing the Re-emergence of Chemical Weapons 31 3.2.3 Resilience to the Hostile Uses of Toxic Chemicals 33 3.2.4 Chemicals for Peace 34 3.2.5 Managing Advances in Science and Technology 35 3.3 CWC Implementation – Successes Stories and Challenges 36 3.3.1 Overview 36 3.3.2 Elimination of Chemical Weapons Stockpiles and Programmes 37 3.3.3 Preventing the Re-emergence of Chemical Weapons 40 3.4 The Operation of the CWC and Science and Technology 54 3.5 The Future – Staying Relevant and Implementing Change 58 3.5.1 The Changing CWC/OPCW Environment 58 3.5.2 Political and Cultural Challenges 60 3.5.3 Operational Capacity, Competence and Knowledge 62 3.6 Convergence in Disarmament – Conclusions 62 References 64 Contents ix Chapter 4 The Biological and Toxin Weapons Convention 69 Jez Littlewood 4.1 Introduction 69 4.1.1 Overview 70 4.2 Normative and Legal Evolution Pre-BTWC 72 4.3 Use of Biological and Toxin Weapons in History 74 4.4 Offensive Programmes 76 4.5 Evolution of the BTWC 78 4.5.1 From Entry into Force to the End of the Cold War 79 4.5.2 The Post-cold War Decade 83 4.5.3 Recovery, Revitalization, and Recalcitrance After 2001 84 4.5.4 Evolution in Retrospect 87 4.6 How Scientific and Technological Developments Have Affected the BTWC 87 4.6.1 Responding to Scientific and Technological Developments 90 4.7 Conclusion: the BTWC in Context 92 References 93 Chapter 5 United Nations Mechanisms to Combat the Development, Acquisition and Use of Chemical Weapons 101 Michael Crowley 5.1 Introduction: Role of the United Nations in Maintaining International Peace and Security 101 5.2 Investigatory Mechanisms 103 5.2.1 UN Secretary-General’s Mechanism 103 5.2.2 Ad hoc UN Investigatory Mechanisms 108 5.3 UN Mechanisms to Address Confirmed Chemical Weapons Development, Acquisition or Use 113 5.3.1 Iraq: UN Special Commission (UNSCOM) and UN Monitoring, Verification and Inspection Commission (UNMOVIC) 114 5.3.2 Syria: OPCW–UN Joint Mission 117 5.4 UN Embargoes to Halt the Development, Acquisition or Use of Chemical Weapons 120 5.4.1 Range of Items Controlled 121 5.4.2 Monitoring and Facilitating Implementation of Embargoes 122 5.4.3 Effectiveness of UN Arms Embargoes 123