[Draft 5] - Chemical Weapons Restrictions

[Simone Republic]

Motivation

Concurrent with this repeal of GA 272:
viewtopic.php?f=9&t=552592

The main issue of implementing a full version of the real life Chemical Weapons Convention (CWC) in real life is that WA states account for only a small portion of the overall multiverse. (Around 6-7% of the multiverse). IRL only North Korea and Egypt are not members of the Chemical Weapons Convention.
https://en.wikipedia.org/wiki/Chemical_ ... Convention

Notes

1. This was "Chemical Weapons Prohibition" but I changed it to "Restrictions" as it's not a full ban.
2. To simplify the resolution, the definition of “toxic chemicals” and “chemical weapons” is fairly narrow to avoid complaints about pesticides, hand sanitizer, or what not.
3. Note also that in real life there is also a ban on trading in precursor chemicals, but because of GA531(8)(b) it is simpler to regulate trading of armaments than to ban precursor chemicals.
4. Due to GA399 (which passed after GA272), it's reliant on GA399 for governing armaments trade in general.
5. Note also, compared to real life (which destroyed chemical weapons), it merely requires WA states to keep track of all chemical weapons, and prohibits first use.
6. Clause (2)(a) is specifically worded to allow chemical weapons on territory where the WA state no longer has de facto jurisdiction, but asserts de jure jurisdiction (such as occupied territories).

Draft 5

The World Assembly (WA),

Acknowledging existing GARs on restrictions on armaments including GA399, GA418, and GA531;

Horrified by the impact of chemical weapons on sapient individuals and the environment, even if the use of such weapons is somewhat redundant against more advanced weapons;

Desiring a reasonable ban on the use of chemical weapons on other WA states and to restrain their use on non-WA states;

The WA hereby enacts as follows:

1. Definitions. In this resolution:
   
   1. "Chemical weapons" means the intentional use of toxic chemicals to cause death or serious harm to humans and other sapient lifeforms ("lifeforms") and through equipment such as ammunition, armaments, and similar devices. This term specifically refers to its use on a mass scale and excludes routine domestic matters such as the use of pesticides, as well as minor devices defined in clause 5.
   2. "CWC" means the WA Chemical Weapons Commission.
   3. "Toxic chemicals" means chemicals which, under the circumstances in which it is present, creates a substantial risk of harm to sapient lifeforms that come into contact with it by virtue of its biological impact, or which degrades the safety or habitability of the surrounding environment at a faster rate than the surrounding environment can render it harmless.
2. Ban on use in WA states.
   
   1. No WA state may use chemical weapons in any place where any WA state (including the user itself) is able to exercise jurisdiction.
   2. No WA state may use chemical weapons against the assets of another WA state, even if such assets are located in neutral or non-WA territory.
   3. No WA state may use chemical weapons on any facilities operated by WA organs, including the WA headquarters.
   4. Any use of chemical weapons for tests shall be in a safe and controlled environment.
3. Use on non-WA states.
   
   1. No WA state may use chemical weapons except in response to aggressive offensive military forces, and only if the WA state determines in good faith that there is a genuine need for such use for delaying or defending against acts of aggression.
   2. No WA state may use chemical weapons except as a last resort and not as a first response to an act of aggression, unless the act of aggression itself involved the use of chemical weapons.
4. Targeting.
   
   1. A WA state shall take due care to ensure that such use is targeted only at, and only intended for, aggressive offensive military forces only. Facilities operated by WA organs, civilians, neutral parties, or non-defended localities such as hospitals, schools, and refugee camps may not be targeted.
   2. Chemical weapons may also not be used to deliberately damage the local the environment, such as polluting water supply sources.
5. Minor devices.
   
   1. "Minor devices" means legitimate law enforcement devices that are generally non-lethal, such as tear gas or pepper spray for crowd control.
   2. Each WA state shall refrain from use of minor devices unless it makes a good faith determination that such use is necessary as a substitute for lethal weapons.
6. Production and transfers.
   
   1. Each WA state, if it desires to (i) produce, (ii) stockpile, (iii) transfer, or (iv) transport chemical weapons (each a "process"), shall ensure the safety and security of the said process at all times.
   2. All facilities related to the said processes are subject to regular inspections and monitoring by CWC.
   3. No private individual, private militia or non-government entity of a WA state may possess chemical weapons. Such possession shall be a criminal offense in all WA states.
   4. Chemical weapons may not be exported to any WA state whom either the WA or the exporting WA state believes may use the said weapons in violation this resolution.
7. Miscellaneous.
   
   1. CWC shall maintain up-to-date records of all chemical weapons produced, stockpiled, and used by each WA state, and their specifications. Such information shall be available to any other WA state's government that requests such information on a need-to-know basis.
   2. Each WA state is responsible for enforcement and interpretation of this resolution, except for the preceding sub-clause, for which CWC retains jurisdiction.

Co-authorship: pending

Char count: 4,353

[Aurrellia]

This resolution focuses on critical matters pertaining to the utilization and governance of chemical weapons among member nations of the World Assembly (WA). The objective is to prevent ambiguity and potential misuse by clearly defining "chemical weapons" and "toxic chemicals," while also ensuring that legitimate uses, such as for crowd control purposes, are not unduly restricted. The resolution's focus on not allowing the use of chemical weapons in or against WA states, unless in reaction to aggression, shows a fair way to keep peace and safety. This stance shows that the WA is serious about saving innocent people and reducing the damage that these weapons do to the environment.

Also, the WA Weapons Committee (WC) was created to make sure everyone is following the rules, keep an eye on production and stockpiling, and help people destroy chemical weapons voluntarily. This shows that the government is serious about safety and responsibility. Adding strict tracking rules for transfers and imports makes efforts to stop the illegal spread and use of chemical weapons even stronger.

However, there are ongoing discussions and possible changes that may need to be made to make operational definitions more clearly, improve monitoring tools, and make sure that the law is applied equally in all WA states. Overall, this draft is a big step toward getting countries to work together to protect everyone from the terrible effects of chemical warfare while still protecting each country's right to privacy and safety.

[Simone Republic]

*Bump*. This has gone to Draft 2, but since Draft 2 is quite similar to Draft 1 except for minor changes to the definition section, I haven't kept a copy.

[The Ice States]

"The Eternal Union supports this legislation in principle, and recommends that it be pursued independently to any repeal of Resolution #272. Nonetheless, we would object to the inclusion of Sections 7 and 8; these serve only to discourage member nations from destroying their chemical weapons, as they are forced to coordinate with an external party rather than simply conducting such destruction independently. We will vote in favour of this resolution as written if these sections are either removed, or altered such that supervision by the World Assembly Weapons Committee is merely optional."

~Robert Desak,
World Assembly Ambassador,
The Eternal Union of Devonia and the Ice States.

Ooc: If you're concerned about contradiction, you could insert an explicit exception for riot control or domestic policing in 1a.i.

[Orcuo]

Against

[Simone Republic]

"The Eternal Union supports this legislation in principle, and recommends that it be pursued independently to any repeal of Resolution #272.
Ooc: If you're concerned about contradiction, you could insert an explicit exception for riot control or domestic policing in 1a.i.

(OOC)

I am not sure if GA272 declaration 1: "the use of chemical weapons in any capacity that may injure or destroy military personnel, or the environment shall be limited to defensive or delaying operations of aggressive offensive military forces" would conflict with my draft regarding no first use, and I don't want a legality challenge.

[The Ice States]

"The Eternal Union supports this legislation in principle, and recommends that it be pursued independently to any repeal of Resolution #272.
Ooc: If you're concerned about contradiction, you could insert an explicit exception for riot control or domestic policing in 1a.i.

(OOC)

I am not sure if GA272 declaration 1: "the use of chemical weapons in any capacity that may injure or destroy military personnel, or the environment shall be limited to defensive or delaying operations of aggressive offensive military forces" would conflict with my draft regarding no first use, and I don't want a legality challenge.

It says that the use of chemical weapons is limited to that; I don't think this does more in terms of actively authorising those acts, as opposed to just not prohibiting them.

[Wallenburg]

5(a) stands out as weird. Member states that do not wish to produce chemical weapons should not be required to develop the technology to do so.

[Simone Republic]

5(a) stands out as weird. Member states that do not wish to produce chemical weapons should not be required to develop the technology to do so.

I changed it to

"Each WA state, if it desires to produce chemical weapons, shall ensure that it has the necessary technologies to safely produce chemical weapons, subject to the satisfaction of WC."

(OOC)

I am not sure if GA272 declaration 1: "the use of chemical weapons in any capacity that may injure or destroy military personnel, or the environment shall be limited to defensive or delaying operations of aggressive offensive military forces" would conflict with my draft regarding no first use, and I don't want a legality challenge.

It says that the use of chemical weapons is limited to that; I don't think this does more in terms of actively authorising those acts, as opposed to just not prohibiting them.

I really don't know if the word "limited" is hampering a repeal-then-replace as opposed to replace-then-repeal here.

[Simone Republic]

Draft 2

The World Assembly (WA),

Horrified by the impact of chemical weapons on sapient individuals and the environment;

Desiring at least a limited ban on the use of chemical weapons on other WA states and to restrain their use on non-WA states;

The WA hereby enacts as follows:

1. Definitions.
   
   1. "Chemical weapons" means the substantial use of toxic chemicals to cause intentional death or harm to sapient individuals through the toxic properties of such chemicals. For the avoidance of doubt:
      
      1. "substantial" is to be interpreted narrowly and excludes routine domestic matters such as (for example) the use of pesticides;
      2. "use" may be through equipment such as ammunition or other devices.
   2. "Toxic chemicals" includes any chemical whose action on life processes can cause death, temporary incapacitation or significant permanent harm to sapient individuals.
   3. "WC" means the WA Weapons Committee, which is hereby established as a committee of the WA.
2. Ban on use on WA states. No WA state, or any sapient individual subject to the jurisdiction of that WA state, may use chemical weapons:
   
   1. against anyone physically inside the said WA state itself;
   2. against another WA state.
3. Use on non-WA states.
   
   1. No WA state may use chemical weapons except in response to an act of aggression using chemical weapons by a non-WA state.
   2. The use of chemical weapons in defense by that WA state shall be considered only as a last resort and not as a first response to an attack.
   3. No WA state may use chemical weapons near its own populations or the civilian populations of another WA state.
   4. A WA state that resorts using chemical weapons should take due care to carefully target and minimise use of such weapons and refrain from its use in areas populated by civilians.
4. Minor devices.
   
   1. This resolution does not regulate minor devices use within the jurisdiction of a WA state for legitimate domestic purposes.
   2. "Minor devices" is defined by the laws of each WA state, subject to periodic review by WC.
   3. As an example, minor devices may include restrained use of tear gas or other incapacitating agents for crowd control purposes.
5. Production and stockpiling.
   
   1. Each WA state, if it desires to produce chemical weapons, shall ensure that it has the necessary technologies to safely produce chemical weapons, subject to the satisfaction of WC..
   2. All production factories, stockpiles, and other related facilities are subject to regular inspections by WC.
   3. Each WA state that produces, stockpiles, or distributes chemical weapons (including precursor chemicals) shall ensure that all such weapons are at all times produced and stored in safe and secure conditions.
   4. No private individual or non-government entity of a WA state may possess chemical weapons.
6. Transfers.
   
   1. No WA state may transfer any chemical weapons to any state whom either the WA or that WA state believes may use the said weapons in violation of Clause 2.
   2. Chemical weapons made by WA states may not be transferred to non-WA states.
   3. Chemical weapons may not be imported from non-WA states.
   4. All transfers of chemical weapons are subject to full monitoring by WC.
   5. Each WA state may choose to grant WC the right to stockpile and transfer weapons on that state’s behalf, subject to a full indemnity of costs in favor of WC.
7. Voluntary destruction.
   
   1. Any WA state that chooses to destroy its own stockpiles of chemical weapons for any reason shall be subject to monitoring by WC.
   2. For WA states that wish to voluntarily destroy their chemical weapons, it may choose to transfer such weapons to WC for destruction, subject to a full indemnity of costs in favor of WC.
8. Role of WC.
   
   1. WC shall also maintain up to date records of all chemical weapons produced, stockpiled, and used by each WA state, and their specifications. Such information shall be available to any other WA state that requests such information.
   2. WC is responsible for enforcement and interpretation of this resolution.

Bump. Also need some further thoughts on the repeal-then-replace or replace-then-repeal arguments.

[Simone Republic]

Gone to Draft 3. Further thoughts appreciated. This has now been worded to allow replace-then-repeal, rather than repeal-then-replace. There's been some copyediting but probably still need more.

[Anduava]

EDIT: I've removed some of my comments in the forum to help prevent "poisoning" existing proposals in draft and reached out to the users who pointed out my utilization of AI in certain areas for more feedback.

I understand a portion of this reply persists in a quote further down, but I don't want to further negatively impact the course of this draft.

[Saint Asperes]

Just to piggy back off of what Anduava stated: I support this proposal and understand the true backing/ nature of it but, I'm concerned about the use of it (chemical weapons) --- "defining it more would help": making this Draft stronger.

I did raise my eyebrows reading that part chap.

[Tinhampton]

1. Expand the definition of "chemical weapons" to include precursor chemicals and dual-use chemicals.
Why: I disagree with assuming good faith, this is an over-broad interpretation. This change closes loopholes where nations could use harmful chemicals not technically classified as "weapons" and prevents the production of chemical weapons through precursor chemicals.

I agree - I think that precursors and DUCs are used in "military procurement" enough that they fall under GA#531 section 8b anyway.

6. Add CWC enforcement powers, including the ability to impose sanctions and conduct mandatory inspections.
Why: The original resolution lacks clear enforcement mechanisms, making it difficult to hold nations accountable for violations.

GA#440 exists. There's therefore no need for any resolution to have a built-in compliance mechanism.

With that said, I'm generally sympathetic to Anduava's general argument of "chemical weapons should be banned as broadly and effectively as possible" and would not mind for CWC inspections of stockpiles; the OPCW does a similar job IRL anyway.

I may leave more feedback on Simone's actual proposal in the coming days, when I hopefully have more free time to myself; I'm suffering a bit of a time crunch right now.

[The Novo Institute]

"For the purposes of this resolution, do OC Spray and similar self-defense irritants constitute chemical weapons or minor devices?"
- LTC Maria-Fernanda Novo, founder of the Novo Institute.

[Simone Republic]

"For the purposes of this resolution, do OC Spray and similar self-defense irritants constitute chemical weapons or minor devices?"
- LTC Maria-Fernanda Novo, founder of the Novo Institute.

OOC

No, I excluded that under (5)(a), because the chemical weapons treaty IRL also excludes riot gear etc., so it also excludes pepper spray and what not.

EDIT: I've removed some of my comments in the forum to help prevent "poisoning" existing proposals in draft and reached out to the users who pointed out my utilization of AI in certain areas for more feedback.

I understand a portion of this reply persists in a quote further down, but I don't want to further negatively impact the course of this draft.

Some of the AI generated comments were outright wrong (for example the bit on precursor chemicals cannot realistically happen without getting into a lot of issues in GA because of GA531(8)(b), this omission was deliberate)

[Fluffel]

Against on principle, as this is not to reduce legislation but only introduce more restrictive regulations imposed by an illegal entity.

[Simone Republic]

Draft 3

Draft 3

The World Assembly (WA),

Horrified by the impact of chemical weapons on sapient individuals and the environment;

Acknowledging existing GARs on restrictions on armaments including GA399 and GA418;

Desiring at least a limited ban on the use of chemical weapons on other WA states and to restrain their use on non-WA states;

The WA hereby enacts as follows:

1. Definitions.
   
   1. "Chemical weapons" means the substantial use of toxic chemicals to intentionally cause death or harm to humans and other sapient individuals through the toxic properties of such chemicals. This term specifically refers to its use on a mass scale and excludes routine domestic matters such as the use of pesticides, as well as minor devices defined below.
   2. "CWC" means the Chemical Weapons Commission.
   3. "Toxic chemicals" includes any chemical whose action on life processes can cause death, temporary incapacitation or significant permanent harm to sapient individuals.
   4. "Use" means the actual use of chemical weapons through equipment such as ammunition, armaments or similar devices.
2. Ban on use in WA states.
   
   1. No WA state may use chemical weapons in any place where any WA state (including the user itself) asserts, or exercises jurisdiction. No WA state may use chemical weapons against another WA state even in neutral or non-WA territory.
   2. Any use of chemical weapons for tests shall be in a safe and controlled environment and subject to the monitoring of CWC.
3. Use on non-WA states.
   
   1. No WA state may use chemical weapons except in response to aggressive offensive military forces, and only if the WA state determines in good faith that there is a genuine need for such use for delaying or defending against acts of aggression.
   2. No WA state may use chemical weapons except as a last resort and not as a first response to an act of aggression, unless the act of aggression itself involved the use of chemical weapons.
   3. A WA state shall take due care to ensure that such use is targeted only at, and only intended for, aggressive offensive military forces only. Civilians, neutral parties, or non-defended localities such as hospitals, schools, and refugee camps may not be targeted. Facilities operated by WA organs may not be targeted.
4. Use on civilians and the environment. The targeted use of chemical weapons that have a reasonable probability of causing the following shall be prohibited:
   
   1. significant harm to civilian populations; or
   2. damaging the environment, such as polluting water supply sources.
5. Minor devices.
   
   1. "Minor devices" means legitimate law enforcement devices that are generally non-lethal, such as tear gas or pepper spray for crowd control.
   2. Each WA state shall refrain from use of minor devices unless it makes a good faith determination that such use is necessary as a substitute for lethal weapons.
6. Production and stockpiling.
   
   1. Each WA state, if it desires to (i) produce, (ii) store, (iii) transfer (both in domestic and international settings), or (iv) use chemical weapons (each a "processes"), shall ensure the safety and security of the said processes at all times, to the satisfaction of CWC.
   2. All facilities related to the said processes are subject to regular inspections and monitoring by CWC.
   3. No private individual or non-government entity of a WA state may possess chemical weapons. Such possession shall be a criminal offense in all WA states.
7. Transfers.
   
   1. Chemical weapons may not be exported to any WA state whom either the WA or the exporting WA state believes may use the said weapons in violation this resolution. Chemical weapons may not be traded with non-WA states.
   2. Each WA state may choose to grant CWC the right to store or transfer weapons on that state’s behalf.
8. Voluntary destruction.
   
   1. Any WA state that chooses to destroy its own stockpiles of chemical weapons for any reason shall be subject to monitoring by CWC.
   2. For WA states that wish to voluntarily destroy their chemical weapons, it may choose to transfer such weapons to CWC for destruction.
9. Role of CWC.
   
   1. CWC shall maintain up-to-date records of all chemical weapons produced, stockpiled, and used by each WA state, and their specifications. Such information shall be available to any other WA state that requests such information.
   2. All work by the CWC shall be on a full indemnity of costs basis.
   3. CWC is responsible for enforcement and interpretation of this resolution.

Char count: 4,394

EDIT: I've removed some of my comments in the forum to help prevent "poisoning" existing proposals in draft and reached out to the users who pointed out my utilization of AI in certain areas for more feedback.

I understand a portion of this reply persists in a quote further down, but I don't want to further negatively impact the course of this draft.

I usually would catch those.

I will support repeal of a Ufoc resolution without much in terms of text. I, however, can't say I'm altogether a big fan of the replacement policy desired which would prohibit a (frankly probably useless in real life) tool member nations could use to defend themselves with.

I do not disagree with your arguments (both in Ostro's repeal and in mine) that chemical weapons are broadly useless, although I would also argue that having a ban is better than not having one. In addition, referring to the article you cited, I would argue that a ban is still necessary since this is a multi-verse so there's some leeway on what is effective or not.

viewtopic.php?p=42091124#p42091124
viewtopic.php?p=42155271#p42155271

The definition of toxic chemicals is from here. Co-authorships pending.

[Simone Republic]

Gone to Draft 5.

[Orcuo]

No no no no… no! You will NOT, I repeat, NOT be taking away my chemical weapons.

[Comfed]

This resolution would be a lot shorter if you simply prohibited member states from creating and using chemical weapons, period.

[Simone Republic]

Draft 5

Draft 5

The World Assembly (WA),

Acknowledging existing GARs on restrictions on armaments including GA399, GA418, and GA531;

Horrified by the impact of chemical weapons on sapient individuals and the environment, even if the use of such weapons is somewhat redundant against more advanced weapons;

Desiring a reasonable ban on the use of chemical weapons on other WA states and to restrain their use on non-WA states;

The WA hereby enacts as follows:

1. Definitions. In this resolution:
   
   1. "Chemical weapons" means the intentional use of toxic chemicals to cause death or serious harm to humans and other sapient lifeforms ("lifeforms") and through equipment such as ammunition, armaments, and similar devices. This term specifically refers to its use on a mass scale and excludes routine domestic matters such as the use of pesticides, as well as minor devices defined in clause 5.
   2. "CWC" means the WA Chemical Weapons Commission.
   3. "Toxic chemicals" means chemicals which, under the circumstances in which it is present, creates a substantial risk of harm to sapient lifeforms that come into contact with it by virtue of its biological impact, or which degrades the safety or habitability of the surrounding environment at a faster rate than the surrounding environment can render it harmless.
2. Ban on use in WA states.
   
   1. No WA state may use chemical weapons in any place where any WA state (including the user itself) is able to exercise jurisdiction.
   2. No WA state may use chemical weapons against the assets of another WA state, even if such assets are located in neutral or non-WA territory.
   3. No WA state may use chemical weapons on any facilities operated by WA organs, including the WA headquarters.
   4. Any use of chemical weapons for tests shall be in a safe and controlled environment.
3. Use on non-WA states.
   
   1. No WA state may use chemical weapons except in response to aggressive offensive military forces, and only if the WA state determines in good faith that there is a genuine need for such use for delaying or defending against acts of aggression.
   2. No WA state may use chemical weapons except as a last resort and not as a first response to an act of aggression, unless the act of aggression itself involved the use of chemical weapons.
4. Targeting.
   
   1. A WA state shall take due care to ensure that such use is targeted only at, and only intended for, aggressive offensive military forces only. Facilities operated by WA organs, civilians, neutral parties, or non-defended localities such as hospitals, schools, and refugee camps may not be targeted.
   2. Chemical weapons may also not be used to deliberately damage the local the environment, such as polluting water supply sources.
5. Minor devices.
   
   1. "Minor devices" means legitimate law enforcement devices that are generally non-lethal, such as tear gas or pepper spray for crowd control.
   2. Each WA state shall refrain from use of minor devices unless it makes a good faith determination that such use is necessary as a substitute for lethal weapons.
6. Production and transfers.
   
   1. Each WA state, if it desires to (i) produce, (ii) stockpile, (iii) transfer, or (iv) transport chemical weapons (each a "process"), shall ensure the safety and security of the said process at all times.
   2. All facilities related to the said processes are subject to regular inspections and monitoring by CWC.
   3. No private individual, private militia or non-government entity of a WA state may possess chemical weapons. Such possession shall be a criminal offense in all WA states.
   4. Chemical weapons may not be exported to any WA state whom either the WA or the exporting WA state believes may use the said weapons in violation this resolution.
7. Miscellaneous.
   
   1. CWC shall maintain up-to-date records of all chemical weapons produced, stockpiled, and used by each WA state, and their specifications. Such information shall be available to any other WA state's government that requests such information on a need-to-know basis.
   2. Each WA state is responsible for enforcement and interpretation of this resolution, except for the preceding sub-clause, for which CWC retains jurisdiction.

Co-authorship: pending

This resolution would be a lot shorter if you simply prohibited member states from creating and using chemical weapons, period.

Worth a try I guess.

[Tesseris]

I'm going to make it my mission to find as many flaws in this proposed draft as I can

[Simone Republic]

Alternative to "Chemical Weapons Prohibition"
viewtopic.php?f=9&t=559883