This is the first book to focus on international efforts to address Syrian chemical weapons issues in an international law context. It provides an overview of the process of control over Syrian compliance/non-compliance with international obligations, including the keys to success in eliminating Syria’s stockpiles and reasons for difficulties in handling multiple uses of toxic chemicals as weapons in domestic armed conflicts. It also addresses collective and unilateral sanctions against Syria outside of international institutional frameworks, and their implications for subsequent cases. Supported by extensive analyses of developments within the OPCW Executive Council and the UN Security Council, this book is recommended for readers seeking insight about chemical weapons issues and dynamism of international law.
This book is open access under a CC BY-NC 2.5 license. On April 22, 1915, the German military released 150 tons of chlorine gas at Ypres, Belgium. Carried by a long-awaited wind, the chlorine cloud passed within a few minutes through the British and French trenches, leaving behind at least 1,000 dead and 4,000 injured. This chemical attack, which amounted to the first use of a weapon of mass destruction, marks a turning point in world history. The preparation as well as the execution of the gas attack was orchestrated by Fritz Haber, the director of the Kaiser Wilhelm Institute for Physical Chemistry and Electrochemistry in Berlin-Dahlem. During World War I, Haber transformed his research institute into a center for the development of chemical weapons (and of the means of protection against them). Bretislav Friedrich and Martin Wolf (Fritz Haber Institute of the Max Planck Society, the successor institution of Haber’s institute) together with Dieter Hoffmann, Jürgen Renn, and Florian Schmaltz (Max Planck Institute for the History of Science) organized an international symposium to commemorate the centenary of the infamous chemical attack. The symposium examined crucial facets of chemical warfare from the first research on and deployment of chemical weapons in WWI to the development and use of chemical warfare during the century hence. The focus was on scientific, ethical, legal, and political issues of chemical weapons research and deployment — including the issue of dual use — as well as the ongoing effort to control the possession of chemical weapons and to ultimately achieve their elimination. The volume consists of papers presented at the symposium and supplemented by additional articles that together cover key aspects of chemical warfare from 22 April 1915 until the summer of 2015.
Richard M. Price asks why, among all the ominous technologies of weaponry throughout the history of warfare, chemical weapons carry a special moral stigma. Something more seems to be at work than the predictable resistance people have expressed to any new weaponry, from the crossbow to nuclear bombs. Perceptions of chemical warfare as particularly abhorrent have been successfully institutionalized in international proscriptions and, Price suggests, understanding the sources of this success might shed light on other efforts at arms control.To explore the origins and meaning of the chemical weapons taboo, Price presents a series of case studies from World War I through the Gulf War of 1990-1991. He traces the moral arguments against gas warfare from the Hague Conferences at the turn of the century through negotiations for the Chemical Weapons Convention of 1993. From the Italian invasion of Ethiopia to the war between Iran and Iraq, chemical weapons have been condemned as the "poor man's bomb." Drawing upon insights from Michel Foucault to explain the role of moral norms in an international arena rarely sensitive to such pressures, he focuses on the construction of and mutations in the refusal to condone chemical weapons.
The authors focus on the multidimensionality of gender in conflict, yet they also prioritise the experience of women given both the changing nature of war and the historical de-emphasis on women's experiences.
Chemical weapons are banned by international law. Nonetheless, there have been numerous alleged and proven chemical attacks during the Syrian civil war. The international community has found ways to address this problem, but it has not managed to exclude the possibility of further chemical attacks once and for all. Nor has it created accountability for the perpetrators. The establishment in 2018 of the Investigation and Identification Team within the Organisation for the Prohibition of Chemical Weapons (OPCW) is a step in the right direction, but it came at the price of increased polarization among member states. To maintain the OPCW’s effectiveness, move closer to accountability and uphold the international norm on the non-use of chemical weapons, the European Union and its member states should consider short- and longer-term steps, such as emphasizing the norm’s viability over potential threats, pressing the United Nations General Assembly to employ the Uniting for Peace principle, enhancing national criminal investigations or adopting universal jurisdiction pending the possibility of international legal prosecution for chemical weapon use, and supporting the OPCW and its ad hoc mechanisms in every possible way.
This volume features a selection of the best scholarship on international law as it is relevant to the proliferation of weapons of mass destruction. The essays consider the nonproliferation legal regime as a normative system and offer a more discrete consideration of international law in each weapons of mass destruction technology area. The role, authority and track record of the UN Security Council in this area are also evaluated.
Written as the decade-long Syria conflict nears an end, this is the first book-length treatment of how the Syrian war has changed international law. In The Syrian Conflict's Impact on International Law, the authors explain the history of the current conflict in Syria and discuss the principles and process of customary international law formation and the phenomenon of accelerated formation of customary international law known as Grotian Moments. They then explore specific examples, including how use of force against ISIS in Syria has changed the law of self-defense against non-state actors, how the allied airstrikes in response to Syria's use of chemical weapons have changed the law of humanitarian intervention, and others. This book seeks to contribute both to understanding the concept of accelerated formation of customary international law and the specific ways the Syria conflict has led to development of new norms and principles in several areas of international law.
This book analyses the Syria crisis and the role of chemical weapons in relation to US foreign policy. The Syrian government's use of such weapons and their subsequent elimination has dominated the US response to the conflict, where these are viewed as particularly horrific arms - a repulsion known as the chemical taboo. On the surface, this would seem to be an appropriate reaction: these are nasty weapons and eradicating them would ostensibly comprise a 'good' move. But this book reveals two new aspects of the taboo that challenge this prevailing view. First, actors use the taboo strategically to advance their own self-interested policy objectives. Second, that applying the taboo to Syria has actually exacerbated the crisis. As such, this book not only provides a timely analysis of Syria, but also a major and original rethink of the chemical taboo, as well as international norms more widely.
This book provides an article-by-article commentary on the text of the Chemical Weapons Convention (CWC) and its Annexes, one of the cornerstone disarmament and arms control agreements. It requires the verified elimination of an entire category of weapons of mass destruction and their means of production by all its States Parties within established time lines, and that prohibits any activities to develop or otherwise acquire such weapons. Cross-cutting chapters alongside the detailed commentary, by those intimately involved in the development of the Convention, assess the history of the efforts to prohibit chemical weapons, the adoption of the Convention and the work of the Preparatory Commission, the entry into force of the Convention to the Second Review Conference, and the need for a new approach for the governance of chemical weapons. Written by those involved in its creation and implementation, this book critically reviews the practices adopted in implementing the Convention, as well as the challenges ahead, and provides legal commentary on, and guidance for, its future role. It assesses how to adapt its implementation to advances in science and technology, including the discovery of new chemicals and the development of biochemical 'non-lethal' compounds that influence behaviour. It addresses the legal framework within which the Organization for the Prohibition of Chemical Weapons (OPCW) takes decisions, both with regard to the OPCW's own regulatory framework and regarding wider international norms, accepted principles, and practices. The Commentary draws conclusions on how the prohibitions against chemical weapons can be strengthened and the stature of the OPCW protected. It highlights the involvement of industry and academia in this prohibition, creating a symbiosis between effective governance and the legal framework of the Convention. This book is an authoritative, scholarly work for anyone interested in the Chemical Weapons Convention, in international disarmament and arms control law, and in the work of international organizations, and a practical guide for individuals and institutions involved in the Convention's day-to-day implementation.
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
