OPCW Seminar 2010 OPCW Seminar 2010 OPCW Seminar 2010 The Contribution of the OPCW to the The Contribution of the OPCW to the The Contribution of the OPCW to the International Security Dimension International Security Dimension International Security Dimension Berlin, Germany, 7- Berlin, Germany, 7-8 June 2010 -8 June 2010 8 June 2010 Berlin, Germany, 7 Session 6: Session 6: Session 6: “ Implementation of UNSC Resolution 1540 in “ Implementation of UNSC Resolution 1540 in “ Implementation of UNSC Resolution 1540 in the Chemical Area” the Chemical Area” ” the Chemical Area Dr. Berhanykun Andemicael, Dr. Berhanykun Andemicael, Coordinator, UNSC Resolution 1540 Coordinator, UNSC Resolution 1540 Committee Experts Committee Experts Cell: +1 (914) 466- -5775; fax: +1 (917) 367 9358 5775; fax: +1 (917) 367 9358 Cell: +1 (914) 466 andemicael@un.org andemicael@un.org
Overview Overview � International security dimension and WMD International security dimension and WMD � --1990s & 2000s 1990s & 2000s -- � WMD non WMD non- -proliferation & UNSCR 1540 proliferation & UNSCR 1540 � � Overlap of Obligations: UNSCR 1540 & Overlap of Obligations: UNSCR 1540 & � CWC CWC � Cooperation among international Cooperation among international � organizations dealing with non- - organizations dealing with non proliferation/anti- -terrorism terrorism proliferation/anti
Part I Part I International security dimension International security dimension Decade of 1990s: Decade of 1990s: WMD as threat to international security WMD as threat to international security Post- -Iraq: Achievements in non Iraq: Achievements in non- -proliferation proliferation Post 1. 1. and disarmament measures and disarmament measures 1992 UNSC Summit Presidential Statement: 1992 UNSC Summit Presidential Statement: 2. 2. Proliferation of NCB weapons as threat to Proliferation of NCB weapons as threat to international peace and security international peace and security 1993 CWC prohibits whole category of lethal 1993 CWC prohibits whole category of lethal 3. 3. weapons perceived in context of UN Charter weapons perceived in context of UN Charter peace and security objective peace and security objective Mid- -1990s indefinite extension of NPT and 1990s indefinite extension of NPT and Mid 4. 4. agreement on CTBT agreement on CTBT
International security dimension International security dimension Decade of 2000s: WMD- -Terrorism nexus as new Terrorism nexus as new Decade of 2000s: WMD security dimension security dimension Post- - Sept.11, 2001: lethal mailed anthrax incident in Sept.11, 2001: lethal mailed anthrax incident in Post 1. 1. the wake of the catastrophic 9/11 terrorist acts induced the wake of the catastrophic 9/11 terrorist acts induced a series of counter- -terrorism measures terrorism measures a series of counter Revelations about the A.Q. Khan illicit trafficking Revelations about the A.Q. Khan illicit trafficking 2. 2. network and lingering concerns culminated in a second network and lingering concerns culminated in a second Iraq war Iraq war April 2004: unanimous adoption of UNSC resolution April 2004: unanimous adoption of UNSC resolution 3. 3. 1540 as a mandatory obligation under Chapter VII of 1540 as a mandatory obligation under Chapter VII of the UN Charter to address the threat of WMD and their the UN Charter to address the threat of WMD and their means of delivery, focusing for the first time on the means of delivery, focusing for the first time on the dimension of non- -State actors State actors dimension of non
Part II Part II WMD non- -proliferation in proliferation in WMD non Resolution 1540 and Non- -State State Resolution 1540 and Non Actors Actors
UNSCR 1540 (2004) UNSCR 1540 (2004) UNSCR 1540 (2004) Objectives Objectives 1. To 1. To prevent the proliferation prevent the proliferation of WMD, their means of of WMD, their means of delivery and related materials; delivery and related materials; 2. To 2. To enhance the capacity enhance the capacity of all States to respond of all States to respond effectively to the threats posed by the proliferation of effectively to the threats posed by the proliferation of WMD; WMD; 3. To 3. To fill some existing gaps fill some existing gaps in international law by in international law by preventing and deterring any non- -State actor from State actor from preventing and deterring any non manufacturing, acquiring, possessing, developing, manufacturing, acquiring, possessing, developing, transporting, transferring, or using WMD and their means transporting, transferring, or using WMD and their means of delivery, in in particular for terrorist purposes particular for terrorist purposes. . of delivery,
UNSCR 1540 (2004) UNSCR 1540 (2004) UNSCR 1540 (2004) Structure of the Requirements Structure of the Requirements National legislation on prohibitions prohibitions (OP.1 and OP.2) (OP.1 and OP.2) National legislation on � � Domestic controls and enforcement (OP.3) and enforcement (OP.3) Domestic controls � � � Accounting for, securing, physical protection (OP.3 (a Accounting for, securing, physical protection (OP.3 (a- -b)) b)) � � Border controls (OP.3 (c) Border controls (OP.3 (c) � � Export and trans Export and trans- -shipment controls (OP.3 (d) shipment controls (OP.3 (d) � Control lists, Control lists, Assistance Assistance … … (OP. 7) (OP. 7) � � Promotion and implementation of multilateral treaties multilateral treaties (OP. 8) (OP. 8) Promotion and implementation of � � Promotion of dialogue and cooperation cooperation (OP. 9 and OP. 10) (OP. 9 and OP. 10) Promotion of dialogue and � � Reporting (OP. 4) (OP. 4) Reporting � �
UNSCR 1540 (2004) UNSCR 1540 (2004) UNSCR 1540 (2004) Definitions * 1. 1. Means of delivery: missiles, rockets and other unmanned : missiles, rockets and other unmanned Means of delivery systems capable of delivering nuclear, chemical, or biological systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use that are specially designed for such use. . weapons, 2. 2. Non- -State actor State actor: individual or entity, not acting under the lawful : individual or entity, not acting under the lawful Non authority of any State in conducting activities which come authority of any State in conducting activities which come within the scope of this resolution. within the scope of this resolution. 3. 3. Related materials: materials, equipment and technology : materials, equipment and technology Related materials covered by relevant multilateral treaties and arrangements, or covered by relevant multilateral treaties and arrangements, or included on national control lists, which could be used for the included on national control lists, which could be used for the design, development, production or use of nuclear, chemical design, development, production or use of nuclear, chemical and biological weapons and their means of delivery. and biological weapons and their means of delivery. * for the purpose of this resolution only
UNSCR 1540 (2004) I. PROHIBITIONS National Legislation National Legislation � Non Non- -support clause support clause : : All States shall All States shall refrain from refrain from providing any providing any � form of support to non support to non- -State actors State actors that attempt to develop, acquire, that attempt to develop, acquire, form of manufacture, possess, transport, transfer or use WMD and their manufacture, possess, transport, transfer or use WMD and their (Op. para.1) means of delivery (Op. para.1) means of delivery � Activity prohibition clause Activity prohibition clause : : All States, in accordance with their All States, in accordance with their � national procedures, shall national procedures, shall adopt and enforce adopt and enforce appropriate appropriate effective effective laws which laws which prohibit any non prohibit any non- -State actor State actor to manufacture, acquire, to manufacture, acquire, possess, develop, transport, transfer, or use WMD and their means s possess, develop, transport, transfer, or use WMD and their mean of delivery, in particular for terrorist purposes in particular for terrorist purposes, as well as attempts to , as well as attempts to of delivery, engage in any of the foregoing activities, participate in them a engage in any of the foregoing activities, participate in them as an s an (Op. para.2) accomplice, assist or finance them (Op. para.2) accomplice, assist or finance them
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