United Nations Security Council Resolution 1540: Sharing of Experiences, Lessons Learned, & Effective Practices Dana Perkins, PhD 1540 Committee Expert Biological Weapons Convention Meeting of States Parties 9-13 December 2013, Geneva, Switzerland Unless otherwise specified, the opinions presented here are those of the presenter and may not necessarily reflect the views of the 1540 Committee, its Group of Experts, or the UN Security Council
Legally binding obligations on all States under Resolution 1540 (2004), to: Refrain from providing any form Implement and enforce appropriate controls of support to non-State actors over related materials in order to: that attempt to develop, acquire, manufacture, possess, transport, � Account for and secure items in production, transfer or use nuclear, chemical use, storage or transport; or biological weapons and their � Physically protect; means of delivery � Detect, deter, prevent and combat the illicit Adopt and enforce appropriate trafficking and brokering through effective effective laws prohibiting border controls an law enforcement efforts; activities involving the � Control the export, transit, trans-shipment proliferation of such weapons and re-export and the provision of funds and their means of delivery to and services related to such export and non-State actors, in particular for trans-shipment that would contribute to terrorist purposes, as well any proliferation; attempts to engage in such activities, assist or finance them � Penalize violations. Resolution 1540 (2004): A Response to Threats to Peace and Security
• Means of delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use • Non-State actor: individual or entity, not acting under the lawful authority of any State in conducting activities which come within the scope of this resolution • Related materials: materials, equipment and technology covered by relevant multilateral treaties and arrangements, or included on national control lists, which could be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery Definitions for the purpose of resolution 1540 (2004)
• Resolution 1540 (2004) addresses threats to peace and security posed inter alia by links between terrorism, non-State actors and WMDs • The Security Council has encouraged States to unilaterally define terrorism in national law • While not expressly framed as a definition, the Security Council recalls that the following acts are never justifiable : “. . . criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act, which constitute offences within the scope of and as defined in the international conventions and protocols relating to terrorism…” and “calls upon all States to prevent such acts…”– Security Council resolution 1566 (2004) Resolution 1540 (2004) and anti-terrorism provisions
Cuba Mexico … Panama Anti-terrorism provisions and BWC in national reports to the 1540 Committee
Republic of Serbia Republic of Belarus Kyrgyz Republic National Implementation Action Plans -- Excerpts --
“[Security Council] expresses its intention to monitor closely the implementation of this resolution and, at the appropriate level, to take further decisions which may be required to this end ”- Security Council Resolution 1540 (2004) The 1540 Committee established � pursuant to resolution 1540 (2004) is a subsidiary body of the Security Council The current Group of Experts � was established per resolutions 1540 Committee Chair (Republic of Korea) 1977 (2011) and 2055 (2012) “to 1540 Committee Member assist the Committee in carrying 1540 Group of Experts Member out its mandate…” 1540 Committee and its Group of Experts
• “[The Security Council] decides that Member States shall inform immediately the Security Council of any violation of resolution 1540 (2004), including acquisition by non-State actors of chemical weapons, their means of delivery and related materials in order to take necessary measures Members of the Security Council vote on resolution 2118 therefore”- Security Council UN Photo / Mark Garten (27 September 2013) Resolution 2118 (2013) The use of BW (or CW) would constitute prima facie evidence of a breach of international obligations
• A “1540 Matrix” is prepared by the 1540 Committee for each State • A matrix has 389 “fields” covering activities related to the operative paragraphs (OP) of the resolution • When completed, the matrix links the obligations of resolution 1540 (2004) with national implementation measures The 1540 Matrix
http://www.un.org/en/sc/1540/national-implementation/1540-matrix/committee-approved-matrices.shtml Committee-approved matrices are posted online (all matrices are currently being updated)
• OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 – Legally binding instruments, organizations, codes of conduct, arrangements, statements and other issues. • OP 2 ‐ Nuclear, Chemical, and Biological Weapons (NW, CW and BW) – Does national legislation exist which prohibits persons or entities to engage in the specified activities ? Can violators be penalized ? • OP 3 (a) and (b) ‐ Account for/Secure/Physically protect NW, CW and BW, including Related Materials – Are any of the following measures, procedures or legislation in place to account for, secure or otherwise protect NW, CW, BW and Related Materials? Can violators be penalized ? – OP 3 (a) and (b) ‐ Account for/Secure/Physically protect NCBW including Related Materials (NW, CW and BW- specific, respectively) • OP 3 (c) and (d) and related matters from OP 6 and OP 10 ‐ Controls of NW, CW and BW, including Related Materials – Which of the following legislation, procedures, measures, agencies exist to control border crossings, export/import and other transfers of NW, CW, BW and Related Materials ? Can violators be penalized ? • OP 6, 7 and 8 (d) ‐ Control lists, Assistance, Information – Can information be provided on the specific issues ? Main sections of the 1540 matrix [ OP = Operative Paragraph]
• Measures to account for / secure production, use, storage, and EXCERPT FROM THE NEW MATRIX TEMPLATE transport of BW related materials • Regulations for physical protection of facilities / materials / transports • Licensing / registration of facilities / people handling bio materials • Reliability check of personnel • Measures to account for / secure / physically protect means of delivery • Regulations for genetic engineering work • Other legislation / regulations related to safety and security of biological materials Reference to BWC CBMs 1540 Matrix – fields for accounting/securing/physically protecting BW - related materials
States The Security Council called upon States Non- with two reporting or more States: 22 to report to the 1540 Committee on reports: Reporting 112 steps they have taken or intend to take States:171 States to implement resolution 1540 (2004) with one report: 59 • “Industry is an important stakeholder in combating the proliferation of weapons of mass destruction to non-State actors, as it implements the measures taken by States in accordance with resolution 1540 (2004) on a daily basis…The German Government emphasizes continued outreach activities to industry and the general public in order to increase awareness and to ensure effective implementation of export controls…”– Germany, 2013 report • “…the Science, Safety, and Security program…consolidates resources on biosafety, biosecurity, biocontainment, and biorisk management. Through a website [http://www.phe.gov/s3] and travelling display, the program promotes transparency and broader awareness about the evolving nature of hazardous biological agents, and how to handle and use these agents safely and securely… DHS/CBP, DHS/ICE, HHS/CDC, USDA/APHIS, NNSA, NRC, Commerce, State and Treasury all use four or more kinds of social media to reach their stakeholders and the general public, most commonly Facebook, Flickr, Twitter, and YouTube, but several also employ blogs, chat, Google+, LinkedIn, and Pinterest as U.S. government agencies adapt their outreach efforts to take advantage of new channels of communication and interaction.…”– USA, 2013 report • “One of the main objectives of the [Philippine Biosafety and Biosecurity] Association is to assist government agencies in developing a national policy and implementation plan for biosafety and biosecurity. In line with promoting biosafety and biosecurity, key agencies, such as the Research Institute for Tropical Medicine, the Bureau of Animal Industry, the Philippine Animal Health Centre and the University of the Philippines Manila have undergone security upgrades. They are also currently formulating a national policy on laboratory biosafety and biosecurity…”– Philippines, 2013 report Reporting to the 1540 Committee and excerpts on working with / informing the industry & the public
Recommend
More recommend
