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United Nations Security Council Resolution 1540 United Nations Security Council Resolution 1540 United Nations Security Council Resolution 1540 and the Biological Weapons Convention: and the Biological Weapons Convention: and the Biological


  1. United Nations Security Council Resolution 1540 United Nations Security Council Resolution 1540 United Nations Security Council Resolution 1540 and the Biological Weapons Convention: and the Biological Weapons Convention: and the Biological Weapons Convention: Synergy and Convergence Synergy and Convergence Synergy and Convergence Dana Perkins, PhD Dana Perkins, PhD 1540 Committee Expert 1540 Committee Expert Regional Workshop on National Implementation of the Biological W Regional Workshop on National Implementation of the Biological Weapons Convention eapons Convention for Eastern Europe, 27 , 27- -29 May, 2013, Kiev, Ukraine 29 May, 2013, Kiev, Ukraine for Eastern Europe 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

  2. Human Security Human Security “ Human security calls for people-centred, comprehensive, Human Security Human Security context-specific and prevention- oriented responses that strengthen the protection and empowerment of all people and all c ommunities “-- Peace and Security Peace and Security UNGA/RES/66/29 (2012) Development Human Rights Opportunity to further develop the concept of human security as an operational tool for WMD non- proliferation policy formulation and the implementation of concrete programs of action to address critical and pervasive threats to human security posed inter alia by terrorism United Nations United Nations and misuse of S&T.

  3. Human Security, Public Health, and Human Security, Public Health, and the Global Nonproliferation Regime the Global Nonproliferation Regime • Disease threats to individuals and populations connect public health with the human security concept WHO: ‘ the health of all peoples is fundamental to the attainment of peace & security ’ • • UN Security Council: HIV/AIDS is a threat to international peace and security • “Threats of biological weapons proliferation among state and non-state actors led many countries…to see national and international public health capabilities as critical national security assets should responses to biological violence be required ”- - Global Health Europe • Both the state-centric traditional paradigm of national security and the individual-centric concept of human security illustrate the political importance of public health • The connection between health and security is subject to many arguments and rhetoric about ‘ securitization of public health securitization of public health ’ • Bringing the discussions about public health and the “One Health” concept into the realm of security policy (‘ healthification of security healthification of security ’ ’ ? ? ) ) will serve to identify ways and means of integrating national strategies, action plans, and assistance mechanisms to counter biological threats, whether natural, accidental or deliberate

  4. Resolution 1540 (2004): A Response to Threats Resolution 1540 (2004): A Response to Threats to International Peace and Security to International Peace and Security Action with Respect to Threats To the Peace, Action with Respect to Threats To the Peace, Breaches of the Peace, and Acts of Breaches of the Peace, and Acts of Aggression Aggression Adopted by the Security Council on 28 April � -51 51 2004 under Chapter VII of the UN Charter Article 39 Article 39 UN Charter, Chapter VII, Articles 39- UN Charter, Chapter VII, Articles 39 which affirms that the proliferation of nuclear, The Security Council shall The Security Council shall determine the existence of any determine the existence of any chemical and biological biological weapons and their threat to the peace, breach of the threat to the peace, breach of the peace, or act of aggression and peace, or act of aggression and means of delivery constitutes a threat to shall make recommendations, or shall make recommendations, or decide what measures shall be i n t e r n a t i o n a l p e a c e a n d s e c u r i t y decide what measures shall be taken… … to maintain or restore taken international peace and security. Obliges States, inter alia , to refrain from Article 41 Article 41 � The Security Council may decide supporting by any means non non- -State actors State actors what measures not involving the use of armed force are to be from developing, acquiring, manufacturing, employed to give effect to its possessing, transporting, transferring or decisions, and it may call upon it may call upon the Members of the United Nations the Members of the United Nations using nuclear, chemical or biological weapons to apply such measures… to apply such measures a n d t h e i r d e l i v e r y s y s t e m s

  5. Resolution 1540 (2004): Resolution 1540 (2004): Binding Obligations on All States Binding Obligations on All States Resolution 1540 (2004) imposes binding obligations on all States to adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons biological weapons, and their means of delivery, and establish establish appropriate domestic controls over appropriate domestic controls over related materials to prevent their related materials illicit trafficking. “… ensure the safety and security of microbial or other biological agents or toxins in laboratories, facilities, and during transportation, to prevent unauthorized access to and removal of such agents or toxins …”- BWC Article IV, Final Declaration of BWC States Parties at the 7th Review Conference, Security Council Meets on Non- Security Council Meets on Non -Proliferation of WMDs Proliferation of WMDs http://www.unog.ch/bwc UN Photo / Eskinder Debebe, 28 April 2004 UN Photo / Eskinder Debebe, 28 April 2004

  6. BWC and resolution 1540 (2004) are BWC and resolution 1540 (2004) are mutually reinforcing mutually reinforcing “ The [BWC 7th Review ] Conference noted that “ information provided to the United Nations by states in accordance with Resolution 1540 may provide a useful resource for States Parties in fulfilling their obligations under this Article [4] ” – Final Declaration of BWC States Parties at the 7th Review Conference, http://www.unog.ch/bwc “ Resolution 1540 (2004) calls upon States to renew and fulfill their commitment to multilateral cooperation, in particular within the framework of the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons and the Biological and Toxin Weapons Convention , as important means of pursuing and achieving their common objectives in the area of non-proliferation and of promoting international cooperation for peaceful purposes ”, UN Security Council Resolution 1540 (2004), http://www.un.org/sc/1540

  7. Definitions for the purpose of Definitions for the purpose of resolution 1540 (2004) resolution 1540 (2004) • Means of delivery: missiles, rockets and other unmanned • Means of delivery: systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use Non- -State actor: State actor: individual or entity, not acting under the • Non • lawful authority of any State in conducting activities which come within the scope of this resolution • Related materials: materials, equipment and technology • Related materials: covered by relevant multilateral treaties and arrangements, relevant multilateral treaties and arrangements, covered by or included on national control lists , which could be used for or included on national control lists the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery

  8. Resolution 1540 (2004) and Resolution 1540 (2004) and national control lists national control lists “[ The Security Council ] acting under Chapter VII of the Charter of the United Nations: … 6. Recognizes the utility in implementing this resolution of effective national control lists and calls upon all Member States, when necessary, to pursue at the earliest opportunity the development of such lists…” - UN Security Council Resolution 1540 (2004), http://www.un.org/sc/1540

  9. Resolution 1540 (2004)- - Highlights Highlights Resolution 1540 (2004) � National legislation on prohibitions (OP.1 & 2) � Domestic controls and enforcement (OP. 3a & 3b) o Accounting for, securing, physical protection o Border controls o Export and trans-shipment controls � Assistance (OP. 7) � Promotion & implementation of multilateral treaties (OP. 8) � Promotion of dialogue & cooperation (OP. 9 & 10) � Reporting to the 1540 Committee (OP. 4) OP = Operative Paragraph of Resolution 1540 (2004)

  10. The 1540 Committee The 1540 Committee The 1540 Committee The Committee established pursuant to OP. 4 of res. 1540 (2004) is known as the 1540 Committee 1540 Committee the The 1540 Committee is a � subsidiary body of the Security Council The current Group of Experts Group of Experts � was established per resolutions 1977 (2011) and 1540 Committee Chair (ROK) 2055 (2012) “ “to assist the to assist the Committee in carrying out its Committee in carrying out its 1540 Committee Member mandate…” …” mandate 1540 Group of Experts Member

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