Today, 17 June, the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare celebrates its 90th anniversary. Short as the document is, it laid the foundations for the 1972 Biological and Toxin Weapons Convention (BTWC) and the 1993 Chemical Weapons Convention (CWC). How critical that document was to disarmament—the total elimination of a given weapon category—the global community can only appreciate through the growing frustration with the lack of progress in the elimination of nuclear weapons. As the negotiators of the Geneva Protocol came to understand in 1925, without a global ban on use, no other weapon-related activities could legally be curtailed.
By Marco Roscini, 5 June 2014
[Marco Roscini, Reader in International Law at the University of Westminster, wrote this rejoinder on Arms Control Law. It is reproduced here with permission, as it forms part of a broader discussion about useful insights for nuclear disarmament to be derived from chemical and biological weapon disarmament. – Jean Pascal]
[This contribution appeared orginally in Arms Control Law, and was in reply to a discussion on the blog. Links to the original arguments are included. – Jean Pascal]
In this particular case, Marco’s application of the notion to a single article rather than the totality of the treaty puzzles me. I would tend to agree with Dan’s counterpoint. However, Dan then refers to the CWC in its entirety to draw an analogy. In my mind a bit problematic for two reasons: