The Chemical Weapons Convention (CWC) purports to be a 1) global,
2) effective and 3) verifiable ban on chemical weapons. In fact,
it is none of these and many believe it should be rejected by
the Senate.
First, many dangerous nations (for example, Iran, Syria, North
Korea and Libya) have not agreed to join the treaty regime. Russia
is among those who have signed the CWC, but is unlikely to ratify
-- especially without a commitment of billions in U.S. aid to
pay for the destruction of Russia's vast arsenal. Even then, given
past exerience with the Kremlin's treaty violations and its current
refusal to implement the 1990 Bilateral Destruction Agreement
on chemical weapons, future CWC violations must be expected.
Second, while the CWC prohibits possession of many dangerous chemicals,
it does not prohibit others - including two that were employed
with deadly effect in World War I -- phosgeoe and hydrogen cyanide.
The reason speaks volumes about this treaty's impractical nature:
They are too widely used for commercial purposes to be banned.
No less worrisome are published reports from a former Soviet chemical
weapons scientist, Vil Mirzayanov, that the Kremlin deliberately
negotiated loopholes in the Convention so that the list of controlled
chemicals does not include several Russia has combined to make
weapons vastly more lethal than known military toxins. And, as
he noted in an op/ed published in the Wall Street Journal on May
25, 1994: "If a weapon is not listed, then it cannot legally
be banned, to say nothing of being controlled. The [Russian] chemical
generals are banking on this technicality."
Third, U.S. intelligence cannot verify a world-wide ban on chemical
weapons. Rogue states can be confident that their violations involving
even militarily significant stockpiles (i.e., one agent ton) will
be undetectable. Some argue that the treaty's intrusive inspections
regime will help us know more than we would otherwise. In fact,
it probably will not work that way; rather than jeopardize a treaty
regime, governments tend to look the other way at evidence of
non-compliance.
Importantly, proponents of the CWC have increasingly acknowledged
these shortcomings. Since they believe that the costs associated
with treaty are modest, however, they conclude that even an admittedly
flawed CWC is, on net, in the national interest. Unfortunately,
a more accurate assessment of the CWC's costs makes clear that
this Convention is not, on balance, consistent with U. S. security
and other vital interests.
Such unacceptably high costs include: The CWC will abandon the
principle of verifiability for arms control accords. It will obligate
the U.S. to transfer CW-relevant production and defensive technology
to states like Iran and Cuba. It will grant a massive new, UN-style
international inspection bureaucracy (whose support will contribute
to an annual U.S. tab for this treaty of as much as $200 million
per year) the right to inspect any site in the United States on
demand. Those inspections will jeopardize U.S. citizens' constitutional
rights if Americans are obliged to submit to searches without
either probable cause or judicial search warrants.
The inspections will, together with a host of ocw reporting and
regulatory requirements, constitute a real burden on U.S. industry.
As many as 8,000 companies across the country may be subjected
to new reporting requirements entailing large, uncompensated annual
costs to comply. Worse yet, these companies -- and innumerable
others that might be subjected to challenge inspections -- stand
to lose confidential business information if the experience with
U. S. governinent-sponsored trial inspections is any guide. While
several trade associations have registered their support for the
treaty, most of the companies likely to be affected by this Convention
remain ignorant of its potential implications for them, their
trade secrets -- and their bottom lines.