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• to use chemical weapons;• to develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer,directly or indirectly, chemical weapons to anyone;• to engage in any military preparations to use chemical weapons; and• to assist, encourage, or induce, in any way, anyone to engage in any activity prohibited toa Party to the Chemical Weapons Convention. 188These prohibitions apply in any circumstances. For example, chemical weapons may notbe used in international armed conflict and non-international armed conflicts. 189 Similarly,chemical weapons may not be used in retaliation after a State has suffered from a chemicalweapons attack, even if that attack has been conducted by a State that is not a Party to theChemical Weapons Convention. 1906.8.3.3 Obligation to Destroy Certain Chemical Weapons and Chemical WeaponsProduction Facilities. In addition, a Party to the Chemical Weapons Convention has anobligation to destroy chemical weapons or chemical weapon production facilities it owns orpossesses or that are located in a place under its jurisdiction or control. 191 If U.S. armed forcesencounter chemical weapons or chemical weapon production facilities during armed conflict,U.S. national authorities should be notified as soon as practicable. In addition, with due regard188 CHEMICAL WEAPONS CONVENTION art. 1(1) (“Each State Party to this Convention undertakes never under anycircumstances: (a) To develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer,directly or indirectly, chemical weapons to anyone; (b) To use chemical weapons; (c) To engage in any militarypreparations to use chemical weapons; (d) To assist, encourage or induce, in any way, anyone to engage in anyactivity prohibited to a State Party under this Convention.”).189 Article-by-Article Analysis of the Chemical Weapons Convention, 4, Attachment to Peter Tarnoff, Acting, Letterof Submittal, Nov. 20, 1993, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CHEMICAL WEAPONS CONVENTION4 (“Moreover, the prohibition on the use of chemical weapons extends beyond solely their use in international armedconflicts, i.e. chemical weapons may not be used in any type of situation, including purely domestic conflicts, civilwars or state-sponsored terrorism. As such, this article closes a loophole in the Geneva Protocol of 1925, whichcovered only uses in war, i.e. international armed conflicts.”).190 Article-by-Article Analysis of the Chemical Weapons Convention, 4, Attachment to Peter Tarnoff, Acting, Letterof Submittal, Nov. 20, 1993, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CHEMICAL WEAPONS CONVENTION4 (“The prohibitions are phrased as undertakings ‘never under any circumstances’ to engage in certain activitiesrelated to chemical weapons. … Thus, the prohibitions apply to a State Party even if chemical weapons are usedagainst it and even if those chemical weapons are used by a State not Party to the Convention, i.e. even ‘retaliatoryuse’ of chemical weapons is banned.”).191 CHEMICAL WEAPONS CONVENTION art. 1(2) (“Each State Party undertakes to destroy chemical weapons it ownsor possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions ofthis Convention.”); CHEMICAL WEAPONS CONVENTION art. 1(4) (“Each State Party undertakes to destroy anychemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction orcontrol, in accordance with the provisions of this Convention.”).348