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This treaty followed the 1899 Declaration on Asphyxiating Gases and the 1922Washington Treaty on Submarines and Noxious Gases. 123 This treaty also followed widespreaduse of chemical weapons in World War I.On November 25, 1969, President Nixon announced the intention of the administration toseek Senate advice and consent to ratification of the 1925 Geneva Gas and BacteriologicalProtocol as part of U.S. policies relating to chemical and biological weapons. 124 The UnitedStates deposited its instrument of ratification to the 1925 Geneva Gas and BacteriologicalProtocol on April 10, 1975. 125The United States took a reservation that the “Protocol shall cease to be binding on thegovernment of the United States with respect to the use in war of asphyxiating, poisonous orother gases, and of all analogous liquids, materials, or devices, in regard to an enemy state ifsuch state or any of its allies fails to respect the prohibitions laid down in this Protocol.” 126 Thisreservation would permit use by the United States of chemical weapons and agents in response,but would not limit in any way the Protocol’s prohibition with respect to biological weapons. 127Other States, including France, Belgium, Canada, the USSR (now Russia), and the UnitedKingdom issued similar statements upon ratification. 128123 Refer to § 19.7.2 (1899 Declaration on Asphyxiating Gases); § 19.10 (1922 Washington Treaty on Submarinesand Noxious Gases).124 Richard Nixon, Statement on Chemical and Biological Defense Policies and Programs, Nov. 25, 1969, 1969PUBLIC PAPERS OF THE PRESIDENTS 968 (“As to our chemical warfare program, the United States: —Reaffirms itsoft-repeated renunciation of the first use of lethal chemical weapons. –Extends this renunciation to the first use ofincapacitating chemicals. Consonant with these decisions, the administration will submit to the Senate, for itsadvice and consent to ratification, the Geneva Protocol of 1925 which prohibits the first use in war of ‘asphyxiating,poisonous or other Gases and of Bacteriological Methods of Warfare.’ The United States has long supported theprinciples and objectives of this Protocol. We take this step toward formal ratification to reinforce our continuingadvocacy of international constraints on the use of these weapons.”).125 1925 Geneva Gas and Bacteriological Protocol, Apr. 10, 1975, 1541 UNTS 484 (“RATIFICATIONS Instrumentsdeposited with the Government of France on: 10 April 1975 UNITED STATES OF AMERICA (With effect from10 April 1975.)”).126 United States, Statement on Ratification of the 1925 Geneva Gas and Bacteriological Protocol, Apr. 10, 1975,1541 UNTS 484 (“That the said Protocol shall cease to be binding on the Government of the United States withrespect to the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials, ordevices, in regard to an enemy State if such State or any of its allies fails to respect the prohibitions laid down in theProtocol.”).127 William P. Rogers, Letter of Submittal, Aug. 11, 1970, MESSAGE FROM THE PRESIDENT TRANSMITTING THE 1925GENEVA GAS AND BACTERIOLOGICAL PROTOCOL VI (“This reservation would permit the retaliatory use by theUnited States of chemical weapons and agents, but would not limit in any way the Protocol’s prohibition withrespect to biological weapons.”).128 France, Statement on Ratification of the 1925 Geneva Gas and Bacteriological Protocol, May 9, 1926, 94 LNTS67 (“The said Protocol shall ipso facto cease to be binding on the Government of the French Republic in regard toany enemy State whose armed forces or whose Allies fail to respect the prohibitions laid down in the Protocol.”);Belgium, Statement on Ratification of the 1925 Geneva Gas and Bacteriological Protocol, Dec. 4, 1928, 94 LNTS67 (“(2) The said Protocol shall ipso facto cease to be binding on the Belgian Government in regard to any enemyState whose armed forces or whose Allies fail to respect the prohibitions laid down in the Protocol.”); Canada,Statement on Ratification of the 1925 Geneva Gas and Bacteriological Protocol, May 6, 1930, 94 LNTS 71 (“Thesaid Protocol shall cease to be binding on His Britannic Majesty towards any State at enmity with Him whose armed1149

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