The Biological and Toxin Weapons Convention (BTWC) Database

Working Paper by the Republic of Korea : Measures to Redress a Situation and to Ensure Compliance (WP.222)

The full text of this Working Paper is provided below; this is from the 8th Session of the Ad Hoc Group of States Parties.  Please note: the page numbers given are those which appear in the original text.  

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AD HOC GROUP OF THE STATES PARTIES
TO THE CONVENTION ON THE PROHIBITION
OF THE DEVELOPMENT, PRODUCTION AND
STOCKPILING OF BACTERIOLOGICAL
(BIOLOGICAL) AND TOXIN WEAPONS AND
ON THEIR DESTRUCTION

BWC/AD HOC GROUP/WP.222
18 September 1997

Original: ENGLISH

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Eighth session
Geneva, 15 September - 3 October 1997

Working paper submitted by the Republic of Korea

Measures to Redress a Situation and to Ensure Compliance

1. In cases where the politically representative body (the Executive Council) of the BTWC Organization reaches the conclusion that further action is necessary based on the result of the final report by the investigation team, the Executive Council shall request a State Party to this Protocol not complying with the obligations under the BTWC and its Protocol to take measures to redress the situation raising problems with regard to its compliance.

2. In cases where the State Party fails to fulfill the request within the specified time without substantive reason, the Conference of the States Parties, upon the recommendation of the Executive Council shall take a decision recommending to restrict or suspend the State Party's rights and privileges under the BTWC and its Protocol until it undertakes the necessary action to conform with its obligations under the BTWC and its Protocol.

3. In cases where serious damage to the object and purpose of the Convention and its Protocol may result from activities prohibited under the Convention and its Protocol, in particular Article I of the BTWC and relevant provisions of this Protocol, the Conference shall take a decision recommending collective measures to States Parties in conformity with international law.

4. In cases where the Executive Council decides that rapid action is necessary in light of the urgency of the matter, the Executive Council may, prior to the regular session of the Conference of the States Parties, decide to convene a special session of the Conference of the States Parties to this Protocol, which shall take the same decision as in paragraph 2 and 3.

GE.97-64283

BWC/AD HOC GROUP/WP.222
Page 2

5. In parallel with measures in paragraphs 2,3 and 4, the Conference or alternatively, if the case is urgent, the Executive Council may bring the issue including relevant information and conclusions to the UN Security Council on behalf of the States Parties to this Protocol as stipulated in Article VI of the BTWC. In this case, the States Parties to this Protocol shall comply with the decisions by the UN Security Council in accordance with the Article VII of the BTWC.

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