Can International Law Achieve the Effective Disarmament of Chemical Weapons?

Chemical weapons are a threat to international security. According to an international convention, the Chemical Weapons Convention (CWC), all chemical weapons fall under a stringent and irreversible disarmament regime that seeks the abolition of the use and existence of chemical weapons altogether. The CWC is considered to be the first verifiable disarmament treaty; furthermore, it targets an entire category of Weapons of Mass Destruction (WMD).Unfortunately there is a gap between the legal requirements of the CWC disarmament regime and its implementation. This gap between the theoretical and practical aspects of disarmament implies a practical, result-based approach to disarmament throughout this study; it raises doubts about the feasibility of chemical weapons disarmament under international law. The central question of this study is whether international law can achieve the effective disarmament of chemical weapons. A background on the chemical weapons disarmament regime is provided in this study. The legal control of chemical weapons follows a clear evolution, from the ban on the use of chemical weapons in conflicts to the international consensus to disarm them altogether. Concerning the legal control for chemical weapons, questions arise about the type of instrument suited for effective disarmament. As of August 2006 the CWC had been in force for nine years; it is considered to be a well-established treaty and benefits from a very broad membership. However, the disarmament of chemical weapons knows many political, technical and financial difficutlies. It is behind the schedule imposed by the CWC and weapons possessors struggle to meet the environmental and technical requirements provided in the CWC. Throughout this study these difficulties are examined and illustrated with case studies of the main weapons possessors. Such difficulties highlight numerous flaws in the legal regime, at the time of its constitution and during its implementation. Furthermore, they