Measures to uphold the authority of the 1925 Geneva Protocol

UNIS Model United Nations | The Sixth Annual Session | 5th – 9th March 2014
Forum:
1st Committee of the General Assembly
Issue:
Measures to uphold the authority of the 1925
Geneva Protocol
Student Officer:
Bum Jin Joo
Position:
Deputy chair of the 1st Committee of the General
Assembly
Introduction
The Protocol remarks the significance of prohibiting the use of chemical biological weapons as
well as Submarines. While it prohibits the use of such weapons, it is such a irony since the
production and the stockpiling of these weapons are not prohibited and only later treaties such
as the Biological and Toxin Weapons Convention (BTWC) 1972 and the Chemical Weapons
Convention (CWC) 1993 covered it in order to keep peace and unity. The Geneva Protocol was
voluntary meaning that it wasn't forced by other nations to sign the treaty. Despite the good
means of prohibiting chemical and biological weapons The Geneva Protocol, implicitly, does not
cover internal or civil conflicts. Yet again this protocol is still a contrary since it allows nations to
back fire chemical weapons when it's used against them. This is the characteristics of the
protocol and in my opinion needs to be amended with better clauses to refine and enlighten
the protocol
Definition of Key Terms
Protocol:
The customs and regulations dealing with diplomatic formality, precedence and
etiquette and a supplementary international agreement
Asphyxiating:
To cause to die or lose consciousness by impairing normal breathing, as by gas or other
noxious agents; choke; suffocate; smother.
Research Report Page | 1
Chemical weapons:
A chemical weapon is a device that uses chemicals formulated to inflict death or harm
on human beings. They may be classified as weapons of mass destruction though they are
separate from biological weapons, nuclear weapons and radiological weapons
History
The Geneva Protocol was made in order to reaffirm the Versailles treaty that was brought up in
1919 in order to prohibit the use of poisonous gases and to stop the German army to produce
them, however at the Washington Disarmament Conference in 1922 USA decided to make
another protocol but related to the supervision of both the chemical weapons and submarines,
and only because Poland suggested it the ban of biological weapons was initiated. However
although this protocol was established by most nations (except USA and Japan) most of the
nations refused to follow the protocol when World War 2 started and for example Italy (being
one of the nations that signed the protocol) denied the protocol and used poison gases at the
Ethiopian war. Yet this was covered up and the protocol was generally observed throughout the
WW2.
Despite the Senate foreign Relations committee reporting the protocol in 1926 there was a
strong lobbying against it; and from then on the protocol recieved hardly any notice from any
nations; however the protocol was brought up once again because of the Communist part of
Korea accusing USA of the use of biochemical weapons in the Korean war; therefore the Soviet
Union ( RUSSIA) made a new resolution in 1952 Jun 26th to Ratify the Geneva protocol.
However the question of USA using biochemical weapons was brought up again, at the Vietnam
war (1966) therefore in the General Assembly, Hungary exclaimed that the use in war of these
agents was prohibited by the Geneva Protocol as well as international law. The United States
refuted that the protocol applied to nontoxic gases or chemical herbicides. Which was further
backed up by UK , Italy and other nations; the United States introduced amendments to the
Hungarian resolution that would have made the use of any chemical and bacteriological
weapons an international crime.
In 1930 UK had taken the spot that took over the tear gas in the protocol. In February 1970 the
British Foreign Secretary told Parliament that this was still the British position, but said that the
riot-control agent who was still very dangerous to human beings was not in the list needed to
be added. During the. Japan ratified the protocol in May 1970.And this was only because
nations like UK and Japan was helping USA out and to solidify their stance
Research Report Page | 2
In a report of August 11, 1970, which was sent to the representative of the protocol,
recommended that the protocol be ratified with the right to strike back with gas if an enemy
state or its allies violated the protocol. The report further acclaimed the position that the
protocol did not apply to the use in war of herbicides and RC (riot-control) agents. President
Nixon resubmitted the protocol to the Senate on August 19.
In a letter of April 15, 1971, to the President, Chairman Fulbright said many members thought
that it would be in the interest of the United States either to ratify the protocol without
"restrictive understandings" or to postpone action until this became possible. The Committee
thus deferred action. It also held in abeyance the Biological Weapons Convention, which was
submitted to it on August 10, 1972, pending resolution of this issue.
Key Issues
The reason why this issue was brought up was because of the usage of chemical and biological
weapons in Syria. In recent years; starting from August 21 in Syria. Although Syria is accessioned
in the protocol the nation itself broke the treaty by using chemicals weapons. However we have
to acknowledge that the serious issue may not only be Syria itself but also other terrorist
groups as well as rebel groups around that area which may be able and access chemical and
biological weapons. If this situation happens the results will be devastating and will soon more
or less start off another civil war or so in the middle east( Syria, Libya. etc)
Timeline of Relevant Resolutions, Treaties and Events
28/07/1914
The official start of World War I
11/11/1914
The official end of World War I
04/1915
The attack in Ypres during World War I
17/06/1925
The nations signed the treaty, the Geneva Protocol
08/02/1928
The Geneva Protocol entered into force
10/04/1972
The nations signed the treaty, the Biological Weapons Convention
26/03/1975
The Biological Weapons Convention entered into force
13/01/1993
The nations signed the treaty, the Chemical Weapons Convention
Research Report Page | 3
03/09/1999
The Chemical Weapons Convention entered into force
2013
Nobel Prize award for the OPCW
Previous Attempts to Resolve the Issue
The United nation have brought up this protocol a lot of times in order to bring other nations
to sign the committee throughout the decade; however these nations have been stagnant and
has made no effort at all to contribute so therefore in past resolutions there have been
resolution asking the secretary general to write up reports about the protocol every month or
so in order to solidify and make the protocol adamant.
However another possible solution to this is to ask neighboring nations or nations that are
bonded together like Russia which is closely related to Syria to ask Syria to dispose their
weapons. By having trade sanctions and such. HOWEVER we must be aware that bring in
military forces is not a good choice since this only resulted in inner conflict in the nation and
death of innocent civilians
Possible Solutions
The only possible solutions to this issue is to look back at the question and to see what we can
do to persuade the other nations to sign the treaty and bring the protocol every once now and
then, none the less we can have the big 5 nations which are ( USA, UK, FRANCE, RUSSIA, CHINA)
to help persuade these nations only if these nations are closely related to the nation that are
not willing to sign the protocol.
Furthermore we should look back at the protocol and amend and patch up the mistakes that
might not satisfy all nations, if this is not possible we should think of adding more clauses or
solutions that may possibly interest nations like Syria or North Korea (e.g. stopping trade
sanctions)
Research Report Page | 4
Bibliography
http://armscontrollaw.com/tag/1925-geneva-protocol/
http://www.state.gov/t/isn/4784.htm
http://www.un.org/disarmament/WMD/Bio/1925GenevaProtocol.shtml
https://gafcvote.un.org/UNODA/vote.nsf/e9e05f9ef74d8c7f05256705006e0a60/6be1b046f4ec
fb218525720a00665351/$FILE/A%20RES%2061%2061.pdf
http://www.opbw.org/int_inst/disarm_docs/unga5533j.pdf
http://www.nytimes.com/2014/02/15/world/middleeast/2-companies-to-destroy-chemicalsin-syrias-arsenal.html?_r=0
http://edition.cnn.com/2014/02/12/world/meast/syria-civil-war/
http://www.nti.org/country-profiles/syria/chemical/
http://wikipedia.com
http://www.nti.org/treaties-and-regimes/protocol-prohibition-use-war-asphyxiatingpoisonous-or-other-gasses-and-bacteriological-methods-warfare-geneva-protocol/
Research Report Page | 5