10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

for safety and security considerations, reasonable efforts should be made to secure and retaininformation regarding the chemical weapons. 1926.8.3.4 Certain Uses of Toxic Chemicals Not Prohibited. The Chemical WeaponsConvention does not prohibit the use of toxic chemicals and their precursors for certainpurposes. 193 Toxic chemicals and their precursors that are used for these purposes are notconsidered chemical weapons, so long as they are of a type and quantity consistent with thesepermitted purposes. 194 These purposes include:• industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes;• protective purposes, namely those purposes directly related to protection against toxicchemicals and to protection against chemical weapons;• military purposes not connected with the use of chemical weapons and not dependent onthe use of the toxic properties of chemicals as a method of warfare; and• law enforcement, including domestic riot control purposes. 195Seeking to develop and use means of protection against chemical weapons is permissible,provided such protection is not intended to facilitate the use of chemical weapons or for otherpurposes prohibited by the Chemical Weapons Convention. 196192 See Ireland, Facilitator’s Paper, Concerning the Mandate Created by the Executive Council at its Fifty-EighthSessions Under the Heading ‘Other Destruction-Related Issues,’ Oct. 8, 2010, Organization for the Prohibition ofChemical Weapons Doc. No. EC-62/NAT.11.193 CHEMICAL WEAPONS CONVENTION art. 6(1) (“Each State Party has the right, subject to the provisions of thisConvention, to develop, produce, otherwise acquire, retain, transfer and use toxic chemicals and their precursors forpurposes not prohibited under this Convention.”).194 Article-by-Article Analysis of the Chemical Weapons Convention, 13, Attachment to Peter Tarnoff, Acting, Letterof Submittal, Nov. 20, 1993, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CHEMICAL WEAPONS CONVENTION13 (“Paragraph 9 of Article II defines, in four subparagraphs, the phrase ‘purposes not prohibited under thisConvention.’ This phrase is important because it forms the basis for many exceptions to obligations or prohibitedactivities. … This provision means that toxic chemicals and their precursors that are used for one or more of theseenumerated purposes are not chemical weapons, so long as they are of a type and quantity consistent with thesepermitted purposes.”).195 CHEMICAL WEAPONS CONVENTION art. 2(9) (“‘Purposes Not Prohibited Under this Convention’ means: (a)Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; (b) Protective purposes,namely those purposes directly related to protection against toxic chemicals and to protection against chemicalweapons; (c) Military purposes not connected with the use of chemical weapons and not dependent on the use of thetoxic properties of chemicals as a method of warfare; (d) Law enforcement including domestic riot controlpurposes.”).196 CHEMICAL WEAPONS CONVENTION art. 10(2) (“Nothing in this Convention shall be interpreted as impeding theright of any State Party to conduct research into, develop, produce, acquire, transfer or use means of protectionagainst chemical weapons, for purposes not prohibited under this Convention.”).349

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!