Strengthening the Regime
The BTWC is only four pages long and has no provisions
for verification or for monitoring compliance. When it was negotiated in the
early 1970s, there was a perception that biological weapons had little military
utility although previous biological weapons had demonstrated, by all means
short of actual use, their potential effectiveness. Since the BTWC entered into
force, there has been evidence of biological weapons programs even in some countries
that are parties to the Convention. In addition, terrorists have been found
to be close to completing a biological weapons capability. The rapid progress
in biotechnology and genetic engineering have also raised the spectre of designer
biological warfare agents. These developments have heightened international
concern about the danger of biological warfare and reduced confidence in the
Convention’s effectiveness.
In the years since the BTWC was negotiated, the international
community has increasingly recognized the importance of verification and of the
monitoring of compliance to the arms control process and to the building of confidence.
Multilateral agreements negotiated since the BTWC, in particular the 1993 Chemical
Weapons Convention, contain detailed provisions for declarations, routine inspections
as well as for challenge inspections.
At the Third BTWC Review Conference in September
1991, the States Parties, "determined to strengthen the effectiveness and improve
the implementation of the Convention," established an Ad Hoc Group of Governmental
Experts to Identify and Examine Potential Verification Measures from a Scientific
and Technical Standpoint, known as VEREX, to examine possible verification measures
for the BTWC. VEREX met twice in 1992, twice in 1993 and submitted a final
report in September 1993 in which 21 measures were identified, examined
and evaluated.
In September 1994, the VEREX report was considered
by a Special Conference of States Parties, which established an Ad Hoc
Group (AHG) open to all States Parties to with the following mandate:
The objective of this Ad Hoc Group shall be to
consider appropriate measures, including possible verification measures, and draft
proposals to strengthen the convention, to be included, as appropriate, in a legally
binding instrument, to be submitted for the consideration of the States Parties.
In this context, the Ad Hoc Group shall, inter alia consider:
- Definitions of terms and objective criteria,
such as lists of bacteriological (biological) agents and toxins, their threshold
quantities, as well as equipment and types of activities, where relevant for specific
measures designed to strengthen the Convention;
- The incorporation of existing and further enhanced
confidence building and transparency measures, as appropriate, into the regime;
- A system of measures to promote compliance with
the Convention, including, as appropriate, measures identified, examined and evaluated
in the VEREX Report. Such measures should apply to all relevant facilities and
activities, be reliable, cost effective, non-discriminatory and as non-intrusive
as possible, consistent with the effective implementation of the system and should
not lead to abuse;
- Specific measures designed to ensure effective
and full implementation of Article X, which also avoid any restrictions incompatible
with the obligations undertaken under the Convention, noting that the provisions
of the Convention should not be used to impose restrictions and/or limitations
on the transfer for purposes consistent with the objectives and the provisions
of the Convention of scientific knowledge, technology, equipment and materials.
In addition, the regime to be developed by the Ad
Hoc Group would "include, inter alia, potential verification measures,
as well as agreed procedures and mechanisms for their efficient implementation
and measures for the investigation of alleged use." The Special Conference appointed
Ambassador Tibor Tóth of Hungary as Chairman.
The AHG began its work in January 1995. In July 1997,
it successfully transitioned to the consideration of a rolling text for a Protocol
to strengthen the This rolling text now contains 23 Articles, with all of the
essential elements for a complete Protocol.
All sessions of the Ad Hoc Group are held at the Palais
des Nations in Geneva, Switzerland. The Ad Hoc Group is required to "complete
its work as soon as possible and submit its report, which shall be adopted by
consensus, to the States Parties, to be considered ... at a Special Conference."
Friends of the Chair and Facilitators are appointed to assist the Chairman of
the Ad Hoc Group in consultations and negotiations on specific issues. Working
papers are submitted to the Ad Hoc Group by States Parties. These address specific
issues of relevance to the Conference. Sessions of the Ad Hoc Group have been
held as follows:
* first session: 4-6 January 1995
* second session: 10-21 July 1995
* third session: 27 November-8 December 1995
* fourth session: 15-26 July 1996
* fifth session: 16-27 September 1996
* sixth session: 3-21 March 1997
* seventh session: 14 July - 1 August 1997
* eighth session: 15 September - 3 October 1997
* ninth session: 5-23 January 1998
* tenth session: 9-13 March 1998
* eleventh session: 22 June - 10 July 1998
* twelfth session: 14 September - 9 October 1998
* thirteenth session: 4-22 January 1999
* fourteenth session: 29 March - 9 April 1999
* fifteenth session: 28 June - 23 July 1999
* sixteenth session: 13 September - 8 October 1999
* seventeenth session: 22 November - 10 December
1999
* eighteenth session: 17 January - 04 February
2000
* nineteenth session: 13-31 March 2000
* twentieth session: 10 July - 4 August 2000
* twenty-first session: 20 November - 8 December
2000
* twenty-second session: 12 - 23 February 2001.
* twenty-third session: 23 April to 11 May 2001
* twenty-fourth session: 25 July - 17 August 2001
The work of the AHG has moved through three phases.
From 1995 to mid-1997, the Group was in a preliminary phase of identifying the
elements of a Protocol, building on the VEREX report. From mid-1997, the Group
transitioned to the negotiation a rolling text for the Protocol. January 1999
saw the initiation of a third phase of the negotiations, focusing on a final
framework for the Protocol and detailed negotiation on key elements. In July
2001, one State Party indicated that it was unable to support the proposed Protocol
and subsequently the States Parties have been considering how to progress further.