Chemical Weapons Convention

Treaty that bans the use, production, acquisition, and stockpiling of chemical weapons and requires the destruction of chemical weapons by all member nations. The Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons, also known as the Chemical Weapons Convention (CWC), was entered into force in April 1997; as of April 2004, 162 countries were parties to the convention.

The organization responsible for implementing the provisions of the CWC is the Hague-based Organization for the Prohibition of Chemical Weapons (OPCW). The OPCW is charged with maintaining a working group to verify the destruction of chemical weapons and to prevent their reemergence. The verification arm is a central component of the CWC and includes comprehensive data reporting and detailed on-site inspections. Compliance is ensured through two main types of inspections. Routine or systematic inspections verify member nations' compliance at facilities that have been declared to possess precursors to chemical weapons. Short notice or “challenge” inspections are employed at a member nation's request and seek to confirm compliance at any location, declared or not. Investigations of alleged use of chemical weapons also can be requested.

In addition to inspections, the OPCW seeks to facilitate cooperation in the peaceful use of chemicals among signatory states. In contrast to the Biological Weapons Convention, the CWC makes a clear distinction between chemical research for defensive purposes and prohibited offensive purposes. Chemical weapons are categorized into types, such as blistering agents, blood agents, choking agents, and nerve and psychotomimetic agents (substances that produce symptoms of psychosis such as delusions or hallucinations). All such agents are expressly prohibited by the convention.

The CWC describes and categorizes general types of toxic chemicals and their precursors (substances used in the creation of chemical weapons) according to their possible applications, manufacture, or commercial use. The CWC's definition of toxic chemicals includes all chemicals that can seriously harm humans. There is general agreement that law enforcement has the right to deploy riot control agents, such as tear gas, in instances of domestic rioting. However, the CWC strictly prohibits the use of riot control agents in warfare. Other nonlethal chemical weapons, such as the opiate-based substance used by terrorists who seized hostages in a Moscow theater in October 2002, are also prohibited by the convention.

Despite the ban on such agents, some parties to the treaty continue to conduct research into nonlethal chemical weapons. According to the U.S. government, at least 16 nations are known to have active chemical weapons programs. During the 1980s, Iraq was known to have used chemical agents both in its war with Iran and against Kurdish civilians. North Korea began developing chemical weapons during the 1980s and has stepped up its research into chemical agents and delivery mechanisms.

The OPCW stresses the need for a renewed commitment to eliminating chemical weapons stockpiles. The OPCW's experts assisted the United Nations in the destruction of chemical agents in Iraq and, most recently, completed an inventory of Libya's chemical weapons program. At present, the destruction of chemical weapons in signatory states has been delayed in [Page 118]some countries. Both the United States and Russia have been given extensions to complete the destruction of their stockpiles. Of further concern, only 40% of the signatory states have adhered to the CWC requirement to adopt laws aimed at reducing the proliferation of chemical weapons. Many experts consider potential terrorist acquisition or fabrication of chemical agents to be a significant threat.

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