The Biological and Toxin Weapons Convention (BTWC) Database
Rolling text : Article V
Ad Hoc Group 11th Session
Article V of the Rolling Text from BWC/AD HOC GROUP/41 is provided below. This material is from the 11th Session of the Ad Hoc Group of States Parties to the Convention.
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BWC/AD HOC GROUP/41
Annex I
page 75
ARTICLE V
MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE
1. The Conference shall take the necessary measures, in accordance with paragraphs 2, 3 and 4, to ensure compliance with the Convention and this Protocol and to redress and remedy any situation which contravenes their provisions. In considering action pursuant to this paragraph, the Conference shall take into account all information and recommendations on the issues submitted by the [Executive] [Consultative] [Council].
2. In cases where a State Party has been requested by the [Executive] [Consultative] [Council] [Conference] to take measures to redress a situation raising problems with regard to its compliance, and where the State Party fails to fulfil the request within the specified time, the Conference may, upon the recommendation of the [Executive] [Consultative] [Council], inter alia, restrict or suspend the State Party’s rights and privileges under this Protocol until the Conference decides it has undertaken the necessary action to conform with its obligations under the Convention and this Protocol.
3. In cases where serious damage to the object and purpose of the Convention [or this Protocol] may result from non-compliance with the Convention [or this Protocol], in particular Article I [of the Convention], the Conference [may] [shall] recommend to States Parties [collective] [joint] measures which are [in conformity with international law] [designed to ensure the fulfilment of the object and purpose of the Convention].
4. [Without prejudicing the rights of each individual State Party to the Biological Weapons Convention under Article VI of that Convention,] the Conference or, alternatively, if the case is particularly grave and urgent, the [Executive] [Consultative] [Council], may bring the issue, including relevant information and conclusions, to the attention of the General Assembly or the Security Council of the United Nations.
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Updated 4 November 1998