United Nations Security Council Resolution 1540 and the Biological Weapons Convention: Perspectives on Central America and the Caribbean Dana Perkins, PhD 1540 Committee Expert Regional Workshop on National Implementation of the Biological Weapons Convention for Central America and the Caribbean, 13-14 November 2013, Mexico City, Mexico Unless otherwise specified, the opinions presented here are those of the presenter and may not necessarily reflect the views of the 1540 Committee, its Group of Experts, or the UN Security Council
Legally binding obligations on all States under Resolution 1540 (2004), to: Refrain from providing any form Implement and enforce appropriate controls of support to non-State actors over related materials in order to: that attempt to develop, acquire, manufacture, possess, transport, � Account for and secure items in production, transfer or use nuclear, chemical use, storage or transport; or biological weapons and their � Physically protect; means of delivery � Detect, deter, prevent and combat the illicit Adopt and enforce appropriate trafficking and brokering through effective effective laws prohibiting border controls an law enforcement efforts; activities involving the � Control the export, transit, trans-shipment proliferation of such weapons and re-export and the provision of funds and their means of delivery to and services related to such export and non-State actors, in particular for trans-shipment that would contribute to terrorist purposes, as well any proliferation; attempts to engage in such activities, assist or finance them � Penalize violations. Resolution 1540 (2004) Adopted under Chapter VII of UN Charter: A Response to Threats to Peace and Security
God Defeats Evil, a sculpture created by Zurab Tsereteli from scrapped American • Means of delivery: missiles, rockets and other and Soviet missiles, on the grounds of the United Nations unmanned systems capable of delivering nuclear, in New York chemical, or biological weapons, that are specially designed for such use • Non-State actor: individual or entity, not acting under the lawful authority of any State in conducting activities which come within the scope of this resolution • Related materials: materials, equipment and technology covered by relevant multilateral treaties and arrangements, or included on national control lists, which could be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery Definitions for the purpose of resolution 1540 (2004)
“Two R-400A bombs photographed by UNSCOM inspectors at Murasana Airfield near the Al Walid Airbase in late 1991 bearing the markings indicating they were to be filled with botulinum toxin…”- http://www.fas.org/irp/cia/product/Iraq_Oct_2002.pdf http://www.unog.ch/80256EE600585943/(httpPages)/29B727532FECBE96C12571860035A6DB?OpenDocument Anthrax Leahy Letter Powder: Gruinard Island: Site of British anthrax experiment during WWII Anthrax cultures: CDC/Dr. James Feeley, Public Health Image Library #1165 FBI (public domain) Source: http://www.gifte.de/gruinard_island_bild01.htm Illustrative Example
• Resolution 1540 (2004) imposes obligations under Chapter VII to deal with the threat to peace and security posed inter alia by links between terrorism, non-State actors and WMDs • The Security Council has encouraged States to unilaterally define terrorism in national law • While not expressly framed as a definition, the Security Council recalls that the following acts are never justifiable : “. . . criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act, which constitute offences within the scope of and as defined in the international conventions and protocols relating to terrorism…” and “calls upon all States to prevent such acts…”– Security Council resolution 1566 (2004) Resolution 1540 (2004) and anti-terrorism provisions
Cuba Mexico … Panama Anti-terrorism provisions and BWC in national reports to the 1540 Committee
“[Security Council] calls upon States to renew and fulfill their commitment to multilateral cooperation, in particular within the framework of the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons and the Biological and Toxin Weapons Convention, as important means of pursuing and achieving their common objectives in the area of non-proliferation and of promoting international cooperation for peaceful purposes… [and] Security Council Meets on Non-Proliferation of WMDs UN Photo: Eskinder Debebe, 28 April 2004 promote the universal adoption and full i m p l e m e n t a t i o n , a n d , w h e r e n e c e s s a r y, strengthening of multilateral treaties to which they are parties, whose aim is to prevent the proliferation of nuclear, biological or chemical weapons” – Security Council Resolution 1540 (2004) BWC and resolution 1540 (2004) are mutually reinforcing
[BWC States Parties] noted that “ information provided to the United Nations by states in accordance with Resolution 1540 may provide a useful resource for States Parties in fulfilling their obligations [ 4 ] ” unde r t hi s A rt ic le – Final Declaration of BWC States Parties The Seventh Review Conference of the Biological Weapons Convention, at the 7th Review Conference 5-22 December 2011 , Photo: Dana Perkins BWC and resolution 1540 (2004) are mutually reinforcing
The 1540 Committee was invited for the first time to pr esent in the BW C plenary, proving the 1540 presentation at the BWC MX, 15 August 2013 / Photo: James Revill C h a i r ’ s m o t t o o f “ bringing in more voices ” t o t h e B W C f o r u m Current and former 1540 experts at the 2013 BWC MX / Photo: Lela Bakanidze BWC Meeting of Experts, 12-16 August 2013
http://www.unog.ch/80256EDD006B8954/(httpAssets)/4FCA57B69503A1DCC1257BF2003B4A6A/$file/Advance-BWC_MSP_2013_MX_3-report.pdf Report of the 2013 BWC Meeting of Experts
“…Global cooperation in upholding resolution 1540 is vital in preventing WMD proliferation and terrorism. I appreciate the Security Council 1540 Committee’s contributions to this great cause. Participants at the nuclear security summit, both in Washington D.C. and Seoul, have expressed overwhelming support for the work of this resolution. Secretary-General Ban Ki-Moon, remarks at event on "Preventing the Proliferation The United Nations and its Member States of Weapons of Mass Destruction to Non- State Actors : The Implementation of are working hard to ensure that weapons of Resolution 1540 (2004) in the Arab World“ , hosted by the Permanent Mission of Saudi mass destruction are never used again by Arabia to the United Nations, 22 April 2013 anyone, anywhere…” http://www.unmultimedia.org/radio/english/2013/04/the-possibility- that-terrorist-groups-could-obtain-weapons-of-mass-destruction- should-not-be-dismissed-as-a-fiction-ban/
“[Security Council] expresses its intention to monitor closely the implementation of this resolution and, at the appropriate level, to take further decisions which may be required to this end ”- Security Council Resolution 1540 (2004) The 1540 Committee established � pursuant to resolution 1540 (2004) is a subsidiary body of the Security Council The current Group of Experts � was established per resolutions 1540 Committee Chair (ROK) 1977 (2011) and 2055 (2012) “to 1540 Committee Member assist the Committee in carrying 1540 Group of Experts Member out its mandate…” 1540 Committee and its Group of Experts
“[The Security Council] • decides that Member States shall inform immediately the Security Council of any violation of resolution 1540 (2004), including acquisition by non-State actors of chemical weapons, their means of delivery and related materials in order to take necessary measures Members of the Security Council vote on resolution 2118 therefore”- Security Council UN Photo/Mark Garten (27 September 2013) Resolution 2118 (2013) The use of BW (or CW) would constitute prima facie evidence of a breach of international obligations
UN Security Council (2013 structure) UN Department of Political 1540 Committee Affairs Cooperation with international Monitoring & Transparency & organizations, including the Security Assistance Council committees established pursuant national implementation media outreach to resolutions 1267 (1999) and 1373 (2001) UN Office for Disarmament Affairs Group of Experts Regional and sub-regional seminars and workshops The 1540 Architecture
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