Strengthening the Biological Weapons Convention: Key Points for the Fourth Review Conference

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by Graham S. Pearson

Graham S. Pearson is an Honorary Senior Visiting Research Fellow in the Department of Peace Studies at the University of Bradford. He was previously Director General and Chief Executive of the Chemical and Biological Defence Establishment at Porton Down, Salisbury. He has published several articles and papers on chemical and biological defence and arms control.

Article XIII - Duration and Withdrawl

Discussion of Article XIII at the Third Review Conference

1. At the Third Review Conference of the BTWC held on 9-27 September 1991, the Final Declaration of the States Parties noted the provisions of Article XIII which states that:

(1) This Convention shall be of unlimited duration.

(2) Each State Party to this Convention shall in exercising its national sovereignty have the right to withdraw from the Convention if it decides that extraordinary events, related to the subject matter of the Convention, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other States Parties to the Convention and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.

The Final Declaration of the Third Review Conference1 noted its satisfaction that no State Party to the Convention had exercised its right to withdraw from the Convention.

Developments since the Third Review Conference

2. Since the Third Review Conference the provisions of Article XIII have not been invoked and it is therefore suggested that the Fourth Review Conference should adopt the same language as that in the Final Declaration of the Third Review Conference:

The Conference notes the provisions of Article XIII and expresses its satisfaction that no State Party to the Convention has exercised its right to withdraw from the Convention.

1 United Nations, The Third Review Conference 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, Geneva, 9Ð27 September 1991, BWC/CONF.III/23, Geneva 1992.