International/IAP
National Implementation Efforts
Review Conference Documents 

General Issues

The Chemical Weapons Convention (CWC) is a key component of the international community's efforts to rid itself of the threat of the use of weapons of mass destruction and increase security for all states. Since entering into force in 1997, the CWC has expanded and reinforced the international regime condemning chemical weapons, increased awareness of possible proliferation risks in the chemical industry, and helped ensure that the monumental undertaking to eliminate the world's chemical weapons stocks and production facilities is accomplished in a deliberate and transparent manner.

A Unique Opportunity

The first CWC Review Conference (RevCon), scheduled for April 2003, is a CWC-mandated function, which the Conference of States Parties (CSP) shall convene to undertake reviews of the operation of the convention. The RevCon allows States Parties the opportunity to step back from the details of implementation and evaluate the overall operations of the CWC and provide strategic direction for the next five years, an opportunity not normally afforded during regular meetings of the CSP and the Executive Council. These meetings focus on the operations of the OPCW and take decisions on specific issues or questions regarding treaty implementation. The purpose of the RevCon would not be met if States Parties treated it as only a supplemental CSP or Executive Council meeting.

States Parties should take the RevCon as an opportunity, first and foremost, to reaffirm that the CWC is essential to international peace and security, as well as to reaffirm their individual and collective commitments to comply with the treaty and fully implement its provisions. The RevCon should also provide direction to the OPCW on its priorities for the coming years. The United States supports the development and adoption by the RevCon of a formal declaration, the key elements of which would be the reaffirmation, assessment, and recommended course of action resulting from RevCon discussions. The declaration, of which these are some of the elements, should provide a solid foundation for the OPCW work plan over the next five years.

The United States believes that the principles of compliance, transparency, and accountability should underpin RevCon consideration of the wide range of issues before it. States Parties must be held accountable for meeting their obligations under the CWC, including the basic Article VII requirements to enact and enforce national implementation measures and penal measures. The OPCW should also continue to strive in its efforts to ensure compliance with the CWC.

The United States believes that, with respect to "general issues," as outlined in the coordinator's paper, dated 14 October 2002, the RevCon should give priority to: (a) setting the priorities for CWC implementation, (b) expanding efforts to achieve universality, (c) activities to ensure national implementation, and (d) improving the functioning of the OPCW by providing strategic guidance.

Role of the CWC in the Current Security Environment

Along with the continued threat of possible use of chemical weapons by states, the international community faces the growing danger of chemical weapons being utilized in intra-state conflicts or by terrorist non-state actors. The CWC's role in mitigating these dangers is clear, in establishing the legal requirements for States Parties, requiring them to enact prohibitions and penalties for any of their citizens, or anyone on their territory, who engage in activities proscribed under the convention, and ensuring verified destruction of chemical weapons stockpiles. Therefore, the starting point for the RevCon is the reaffirmation by States Parties of their obligation to adhere to the provisions of the CWC and to make them effective on their territories. In addition, an overarching objective for the RevCon should be to focus OPCW action on ensuring that States Parties comply with their obligations.

Universality

Universality is a critical goal for the CWC because it underscores the rejection of chemical weapons by the international community and increases global security through the verified destruction of chemical weapons and elimination and prevention of chemical weapons capabilities, as well as monitoring of peaceful use of toxic chemicals and chemical weapons precursors. The CWC has made remarkable progress towards universality, with States Parties already numbering 147. This is a testament to the strength and attractiveness of the principles upon which the CWC is based, and the efforts of States Parties and the Technical Secretariat in delivering the message. However, a significant number of states, including some widely considered to possess chemical weapons capabilities, remain outside the CWC. The reasons states have for not becoming a party to the CWC vary widely, including: regional geopolitical gridlock; lack of awareness and misperception about the CWC; concerns about legal and financial responsibilities of becoming a party to; and, most unfortunately, the desire of some states to retain or preserve the option of acquiring or maintaining a chemical weapons capability.

The RevCon should reaffirm the importance of universal adherence to the CWC and the commitment of States Parties to promote and achieve such a goal. The RevCon should recommend that States Parties take a more active role, with an emphasis on a regional approach, in assessing the specific reasons for states not joining the CWC and then engaging diplomatically to encourage them to do so. Messages are most powerful when delivered by peers and neighbors. States Parties and the Technical Secretariat should also work closely in considering further measures to encourage ratification or accession by specific states, done either bilaterally or by the Technical Secretariat, such as information sharing and implementation assistance. Efforts to expand universality must be tailored to the specific circumstances and concerns of the states in question.

National Implementation

Universality is an important goal, but must be matched by full implementation by individual States Parties of their obligations. The establishment of an effective national regulatory structure is critical to ensuring that prohibited activities are not conducted on the territory, or by citizens of, States Parties. It is therefore of great concern that a significant number of States Parties still have not implemented national measures, as required by Article VII of the CWC. Such conditions could facilitate chemical weapons proliferation and noncompliance. The convention requires both the enactment of national implementation measures and criminalizing of activities not in accordance with the CWC.

The RevCon should reiterate States Parties' obligation to adopt the necessary measures to implement their obligations under the CWC, as well as to assist others in meeting this responsibility. States Parties should redouble their efforts to enact implementation measures. Emphasis should be given to enacting and enforcing measures that criminalize violations and punish violators of a state party's domestic law that implements Article VII.

Additionally, the RevCon should stress the importance of implementing measures that ensure fulfillment of declaration requirements and export controls, without which States Parties may not be able to prevent or prosecute those who may engage in proliferant behavior. States Parties and the Technical Secretariat should be encouraged to cooperate and seek to increase support to States Parties in implementing national measures. Support, delivered either bilaterally or by the Technical Secretariat, should be tailored to the specific needs of States Parties. The United States, in a number of instances, has already provided such assistance and will continue to do so in the future. Regional solutions should be considered to address a lack of resources or expertise in individual States Parties, such as establishing a regional mechanism to serve multiple States Parties.

Functioning of the Organization

Effective implementation of the CWC depends upon a well-functioning OPCW. The OPCW has made significant strides in establishing a structure that fulfills the mission of the CWC, but substantial improvements are still needed. In recent years, the Organization has suffered from financial instability, personnel difficulties and an often adversarial relationship between States Parties and the Technical Secretariat. The RevCon should therefore draw attention to and offer direction to the OPCW on a number of issues to increase organizational and operational effectiveness.

The RevCon should stress the importance of putting in place a more effective budgeting process based on early consultations between the Technical Secretariat and States Parties, thoughtful consideration and prioritization of program objectives, and regular assessments of whether these objectives are being met. The efficacy of steps being taken to strengthen the OPCW's finances, particularly as it applies to Article IV/V income, needs to be confirmed, and further measures implemented, where needed. Additionally, the Technical Secretariat needs to more effectively apply information technology to improve the OPCW's effectiveness. The RevCon should also call upon the OPCW to take steps to develop a practical overall approach to the classification of documents with an emphasis on increased transparency while maintaining an effective confidentiality regime.

The RevCon should recommend increased engagement by Executive Council leadership in the work of facilitation groups, as well as frequent consultations with the Director-General and his staff. The Council also needs to improve the way it prioritizes its work and place greater focus on policy, not the details of implementation. Finally, the RevCon should urge States Parties to involve more senior officials in the important work of the Organization to ensure it is given the attention the OPCW deserves.

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