JIST

Chemical Warfare: International Laws and Conventions

Anand B. Mugadlimath

Mandar R. Sane

Introduction

Chemical warfare remains one of the most harrowing methods of combat, with the potential to cause indiscriminate suffering and long-term environmental damage. Despite international condemnation, instances of chemical weapon (CW) use persist, raising critical questions about the effectiveness of current global frameworks. Central to the right against chemical warfare is the Chemical Weapons Convention (CWC), an international treaty aimed at eliminating chemical weapons and preventing their re-emergence. However, loopholes in enforcement and geopolitical challenges continue to test its efficacy.[1]

Historical Context and the Evolution of International Laws 

The use of chemical weapons dates back to World War I, where gases like chlorine and mustard gas were deployed with devastating consequences. In response, the Geneva Protocol of 1925 prohibited the use of chemical and biological weapons in warfare. However, it failed to address production or stockpiling, leaving a signicant gap exploited by states during subsequent conflicts. In 1997, the Chemical Weapons Convention (CWC) came into force, marking a major advancement in global disarmament. Unlike the Geneva Protocol, the CWC mandates the destruction of all chemical weapon stockpiles and prohibits their development, production, acquisition, and use. The Organisation for the Prohibition of Chemical Weapons (OPCW) was established to oversee compliance, providing robust verification through on-site inspections and investigations.[2]

Challenges in Implementation and Enforcement

Despite significant progress, the enforcement of the CWC faces persistent challenges. One primary issue is non-compliance by state actors, often shielded by political alliances. For example, Syria's repeated use of chemical weapons since 2013, despite being a CWC signatory, exemplifies how geopolitical interests can undermine enforcement. Similarly, the use of Novichok nerve agents in attacks linked to Russia highlights the difficulty of holding powerful states accountable.[3] Moreover, the rise of non-state actors, including terrorist organizations, poses a unique challenge. Groups like ISIS have demonstrated the ability to produce rudimentary chemical agents, exploiting gaps in monitoring and control. The dual-use nature of many chemical substances, which can serve both civilian and military purposes, further complicates regulation. 

Technological Advancements and Future Vulnerabilities

Modern technological advancements introduce new vulnerabilities. The proliferation of synthetic biology and chemical synthesis techniques means that even non-experts can potentially produce hazardous substances. Additionally, the potential for cyber attacks on chemical facilities could lead to accidental releases or deliberate misuse.[4]

Strengthening Global Commitment and Compliance

To safeguard against the resurgence of chemical warfare, it is crucial to strengthen the CWC's implementation. This includes enhancing international cooperation , promo ti n g transparency among states, and reinforcing OPCW's authority to conduct independent investigations. Further, updating protocols to address emerging technologies and improving national readiness against chemical threats are essential.[5] Recent trends show an alarming rise in the use of chemical-warfare agents on civilians in urban centers, often by non-state actors. These attacks now involve agents such as sarin, VX, and Novichok, previously reserved for military use. Events like the sarin gas attacks in Syria, the VXbased assassination in Malaysia, and the poisoning of Sergei Skripal in the UK underscore how chemical agents are being repurposed for terror and political violence. Such incidents often unfold in densely populated areas, presenting unique challenges for rst responders and healthcare systems. Rapid toxidrome recognition becomes vital for triage, antidote administration, and responder safety, especially in chaotic, multimodal attack scenarios. These developments necessitate updated global response protocols and training initiatives for frontline medical teams. [6]

Conclusion

The global community must remain resolute in its commitment to eradicating chemical weapons. Strengthening the Chemical Weapons Convention , enhancing enforcement mechanisms, and fostering international collaboration are key to ensuring that chemical warfare remains a dark chapter of history rather than a recurring threat. As the nature of warfare evolves, so too must our commitment to peace and humanitarian principles.

References

1. OPCW (Organisation for the Prohibition of Chemical Weapons). (2023). The Chemical Weapons Convention: A Success Story in Disarmament and Non-Proliferation. Retrieved on 17/05/2025 [ https://www.opcw.org/] (https://www.opcw.org/)

2. United Nations Ofce for Disarmament Affairs (UNODA). (2023). Chemical We apons Convention (CWC).Retrieved on 17/05/2025 [https://www.un.org/disarmament/](https://www. un.org/disarmament/)

3. DH Joyner. International Law and the Proliferation of Chemical Weapons: Legal Aspects of Disarmament and Enforcement. Journal of Conflict and Security Law. 2021:26(2);149-167.

4. GD Koblentz. Syria's Chemical Weapons: The Disarmament Challenge.International Security. 202:45(3);105-136.

5. T Graham, M LaFleur. The Evolving Threat of Chemical Warfare: Lessons from the Syrian Conflict. Global Security Studies. 2019 : 10 (1); 33-46.

6. Ciottone GR. Toxidrome Recognition in Chemical-Weapons Attacks. N Engl J Med. 2018;378(17):1611–1620.