Foreign Relations of the United States, 1969–1976, Volume E–2, Documents on Arms Control and Nonproliferation, 1969–1972

255. Draft Convention on Chemical Weapons¹ ²

Geneva, March 28, 1972

Communist Draft Convention On the Prohibition of the Development, Production, and Stockpiling of Chemical Weapons and on Their Destruction, March 28, 1972¹

The States Parties to this Convention,

Determined to act with a view to achieving effective progress towards general and complete disarmament including first of all the prohibition and elimination of all types of weapons of mass destruction—nuclear, chemical and bacteriological,

Convinced that the prohibition of the development, production and stockpiling of chemical weapons and their elimination, through effective measures, will facilitate the achievement of general and complete disarmament under strict and effective international control,

Convinced of the importance and urgency of eliminating from the arsenals of States, through effective measures, such dangerous weapons of mass destruction as those using chemical agents,

Recalling that the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction affirms the recognized objective of effective prohibition of chemical weapons,²

Recognizing the important Significance of the Geneva Protocol of 17 June 1925 for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare,³ and also the contribution which the said Protocol has already made, and continues to make, to mitigating the horrors of war,

Reaffirming their adherence to the principles and objectives of that Protocol and calling upon all States to comply strictly with them,

Recalling that the General Assembly of the United Nations has repeatedly, and particularly in resolution 2827A(XXVI) of 16 December 1971,⁴ condemned all actions contrary to the principles and objectives of the Geneva Protocol of 17 June 1925,

Desiring to contribute to the strengthening of confidence between peoples and the general improvement of the international atmosphere,

Desiring also to contribute to the realization of the purposes and principles of the Charter of the United Nations,

Determined, for the sake of all mankind, to exclude completely the possibility of chemical agents being used as weapons,

Convinced that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimize this risk,

Have agreed as follows:

Article I

Each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain:

(1) Chemical agents of types and in quantities that have no justification for peaceful purposes;

(2) Weapons, equipment or means of delivery designed to use such agents for hostile purposes or m armed conflict.

Article II

Each State Party to this Convention undertakes to destroy, or to divert to peaceful purposes, as soon as possible but not later than …. months after the entry into force of the Convention, all chemical agents, weapons, equipment and means of delivery specified in Article 1 of the Convention which are in its possession or under its jurisdiction or control. In implementing the provisions of this Article all necessary safety precautions shall be observed to protect populations and the environment.

Article III

Each State Party to this Convention undertakes not to transfer to any recipient whatsoever, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States or international organizations to manufacture or otherwise acquire any of the agents, weapons, equipment or means of delivery specified in Article I of the Convention.

Article IV

Each State Party to this Convention shall, in accordance with its constitutional processes, take any necessary, measures to prohibit and prevent development, production, stockpiling, acquisition or retention of the agents, weapons, equipment and means of delivery specified in Article I of the Convention, within the territory of such State, under its jurisdiction or under its control anywhere.

Article V

The States Parties to the Convention undertake to consult one another and to co-operate in solving any problems which may arise in relation to the objective of, or in the application of the provisions of, this Convention. Consultation and co-operation pursuant to this Article may also be undertaken through appropriate international procedures within the framework of the United Nations and in accordance with its Charter.

Article VI

(1) Any State Party to the Convention which finds that any other State Party is acting in breach of obligations deriving from the provisions of this Convention may lodge a complaint with the Security Council of the United Nations. Such a complaint should include all possible evidence confirming its validity, as well as a request for its consideration by the Security Council.

(2) Each State Party to the Convention undertakes to cooperate in carrying out any investigation which the Security Council may initiate, in accordance with the provisions of the United Nations Charter, on the basis of the complaint received by the Council. The Security Council shall inform the States Parties to the Convention of the results of the investigation.

Article VII

Each State Party to the Convention undertakes to provide or support assistance, in accordance with the United Nations Charter, to any Party to the Convention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of this Convention.

Article VIII

Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Geneva Protocol of 17 June 1925 for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, as well as under the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction.

Article IX

The States Parties to the Convention undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of chemical agents for peaceful purposes. Parties to the Convention in a position to do so shall also co-operate in contributing individually or together with other States or international organizations to the further development and application of scientific discoveries in the field of chemistry for peaceful purposes.

(2) This Convention shall be implemented in a manner designed to avoid hampering the economic or technological development of States Parties to the Convention or international co-operation in the field of peaceful chemical activities, including the international exchange of chemical agents and equipment for the processing, use or production of chemical agents for peaceful purposes in accordance with the provisions of this Convention.

Article X

Any State Party may propose amendments to this Convention. Amendments shall enter into force for each State Party accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it of the amendments.

Article XI

Five years after the entry into force of this Convention, or earlier if it is requested by a majority of Parties to the Convention by submitting a proposal to this effect to the Depositary Governments, a conference of States Parties to the Convention shall be held at Geneva, Switzerland, to review the operation of this Convention, with a view to assuring that the purposes of the preamble and the provisions of the Convention are being realized. Such review shall take into account any new scientific and technological developments relevant to this Convention.

Article XII

(1) This Convention shall be of unlimited duration.

(2) Each State Party to this Convention shall in exercising its national sovereignty have the right to withdraw from the Convention if it decides that extraordinary events, related to the subject matter of this Convention, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other, States Parties to the Convention and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.

Article XIII

(1) This Convention shall be open to all States for signature. Any State which does not sign the Convention before its entry into force in accordance with paragraph (3) of this Article may accede to it at any time.

(2) This Convention shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of ——- which are hereby designated the Depositary Governments.

(3) This Convention shall enter into force after the deposit Of the instruments of ratification by ——- Governments, including the Governments designated as Depositaries of the Convention.

(4) For States whose instruments of ratification or are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

(5) The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or of accession and the date of the entry into force of this Convention, and of the receipt of other notices.

(6) This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article XIV

This Convention, the Chinese, English, French, Russian and Spanish texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Convention shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States,

In witness whereof the undersigned, duly authorized, have signed this Convention.

Done in ———- copies at ———- this ———- day of ———-, ———-

1. Source: Documents on Disarmament, 1972, pp. 120–124. No classification marking. For text of the U.S. Work Program regarding negotiations on the prohibition of chemical weapons, submitted to the CCD on March 20, and the statement of the U.S. Representative on chemical weapons, made March 21, see ibid., pp. 98—113.
2. Text of Communist draft convention prohibiting production and stockpiling of chemical weapons.
1. CCD/361, Mar. 28, 1971. The draft convention was submitted to the CCD on Mar. 28 by Bulgaria, the Byelorussian SSR, Czechoslovakia, Hungary, Mongolia, Poland, Romania, the Ukrainian SSR, and the USSR.
2. Post, pp. 133–138.
3. Documents on Disarmament, 1969, pp. 764–765.
4. Ibid., 1971, pp. 890–892.