A chemical attack in Syria on Tuesday, thought to be carried out by government forces, killed as many as 100 people and wounded hundreds more, according to some witnesses. Hours after the attack, at a press conference at the White House, Press Secretary Sean Spicer blamed the Obama Administration’s “weakness and irresolution” for the gruesome attack, the deadliest chemical attack in Syria since August 2013.

“Today’s chemical attack in Syria against innocent people including women and children is reprehensible and cannot be ignored by the civilized world,” Spicer said. “These heinous actions by the Bashar al-Assad regime are a consequence of the past administration’s weakness and irresolution.” He added: “The United States stands with our allies across the globe to condemn this intolerable act.”

According to monitoring groups, medics, and rescue workers, chemical weapons were dropped from jet planes in Idlib, a rebel-held area in the north. Witnesses described victims choking, with some foaming at the mouth, telltale signs of a chemical attack. A government source told Reuters sarin gas was likely used in the attack, which was “almost certainly” carried out by President Bashar al-Assad’s regime.

These children can’t breathe. This is the aftermath of a suspectedchemical attack in Syria. pic.twitter.com/6CHTocDaeV

— Alberto Hugo Rojas (@albertohrojas) April 4, 2017

In a statement soon after the attack, the Syrian army denied responsibility: “We deny completely the use of any chemical or toxic material in Khan Sheikhoun town today and the army has not used nor will use in any place or time neither in past or in future,” the statement said, referring to the town in Idlib province where the attack took place. The United Nations Security Council called an emergency meeting for Wednesday to discuss the attack.

The White House response echoed a familiar sentiment that critics often repeat about the Obama Administration’s policy in Syria. President Barack Obama’s inaction, critics say, has allowed the Syrian government, along with its allies Russia and Iran, to continue committing grievous acts against its citizens. Many Republicans, along with some Democrats, thought Obama did not do enough to help the rebel forces, a fractured and largely undefined amalgamation with some extremist elements.

In 2012, in a briefing at the White House, Obama said: “We have been very clear to the Assad regime, but also to other players on the ground, that a red line for us is we start seeing a whole bunch of chemical weapons moving around or being utilized. That would change my calculus. That would change my equation.” In August 2013, the Syrian government killed scores of citizens in a sarin gas attack near Damascus. Despite crossing Obama’s stated “red line,” the administration took no military action.

It did, however, reach an agreement with the Syrian government to dispose of its chemical weapons stockpile. Assisted by the Russians, the effort was thought to be successful. But soon after, despite its claims and promises, the Assad regime launched chlorine gas attacks. And although the White House pointed fingers at Obama for Tuesday’s attack, President Donald Trump’s past statements seemed to be against military action as well. In September 2013, he tweeted:

AGAIN, TO OUR VERY FOOLISH LEADER, DO NOT ATTACK SYRIA – IF YOU DO MANY VERY BAD THINGS WILL HAPPEN & FROM THAT FIGHT THE U.S. GETS NOTHING!

— Donald J. Trump (@realDonaldTrump) September 5, 2013

It is unclear how, if at all, Trump will change the current strategy in Syria as a result of the attack. While he will be sending up to 1,000 more ground troops to bolster the fight against Islamic State, which holds splotches of territory in the north of Syria, Trump’s strategy has not strayed much from the Obama Administration’s. And while Obama’s strategy in Syria focused on defeating ISIS, rather than unseating Assad, he still hoped Assad would be toppled. That is something that the new administration has signaled is not a top priority.

Secretary of State Rex Tillerson recently said the “longer-term status of President Assad will be decided by the Syrian people.” And Nikki Haley, the U.S. ambassador to the UN, suggested ousting Assad is not a primary focus of the Syrian strategy. “Do we think he’s a hindrance? Yes,” she said. “Are we going to sit there and focus on getting him out? No.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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In discussions of international politics, we hear a lot of talk about nuclear weapons, but another deadly type of weapon often goes overlooked. Chemical weapons have both proven their deadliness on the battlefield and have been deployed with greater frequency in contemporary times. Nevertheless, just two-and-a-half years since President Obama made his infamous “Red Line” speech against the use of chemical weapons in Syria, this issue has drifted from the public consciousness. While interest has waned publicly, these weapons are still being used on battlefields across the globe, even as legislation and efforts are being made to eliminate them for good. Read on to learn about chemical warfare, the legal framework for using chemical weapons, and how successful efforts to eliminate them have been.

History of Chemical Warfare

While chemical weapons in rudimentary forms have been in use for millennia, it was only relatively recently that they were harnessed in a modern sense. Chemical weapons made their debut on the stage of WWI. During that war, toxic gases such as chlorine and mustard gas were released from canisters on the battlefield. The results were devastating for two reasons. Not only were chemical weapons responsible for over a million causalities on the battlefield, but they also left a strong impression on the public’s consciousness. The video below explains the use of chemical warfare, particularly in WWI.

Nevertheless the use of the weapons continued through the inter-war years, particularly in places such as Russia and Africa. Usage was ramped up again in WWII. In the Far East, the Japanese used a variety of chemical agents in their attempted conquest of China. Meanwhile, in the Atlantic theater, chemical weapons were used by a number of parties, most notoriously by the Nazis in their death camps.

Even after WWII chemical weapons continued to be used. In one of the most glaring instances, the United States used instruments such as Agent Orange in Vietnam. The Americans were not alone, as the Soviets later employed chemical weapons in Afghanistan. Iraq utilized the deadly agents in its war against Iran as well as against its own Kurdish citizens.

Additionally, the usage of chemical weapons by individuals and terrorist groups has become a concern too. The most prominent example came in Japan in 1995, when the Aum Shinrikyo cult used nerve agent Sarin in a Tokyo subway. Chemical weapons were also used by terrorists in Iraq and Afghanistan during the American occupation. Even ISIS has deployed chemical weapons in its battles against Iraqi and Kurdish soldiers.

The most recent high profile and controversial use occurred in Syria in 2013. In late March it was reported that the use of chemical weapons had been detected. While both the Syrian military and the rebels denied using the weapons, each blaming the other side, the usage of chemicals had crossed what President Obama called a “red line.”

While the episode in Syria was just one in a long line of chemical weapons attacks, it aroused concern over whether the existing framework to prevent the creation and use of chemical weapons was adequate. So, what is that framework?

Legality of Chemical Weapons

The horror of chemical weapon usage in WWI left a lasting image in the minds of many people. Thus in 1925, the first legislation aimed at prohibiting the dissemination of chemical weapons was passed. This was known as the Geneva Protocol and it prohibited the use of chemical weapons in warfare. However, the treaty proved inadequate in several ways as it allowed for the continued production of chemical weapons. Additionally, it also gave countries the right to use chemical weapons against non-signatories and in retaliation if weapons were used against them.

The Chemical Weapons Convention

Although seemingly inadequate, the Protocol nonetheless proved to be the only protection against chemical weapons for the next 65 years. Finally in 1992 however, the Chemical Weapons Convention was adopted. It was subsequently opened for signature beginning in 1993 and put into force in 1997. Unlike the Geneva Protocol, the CWC has a much clearer and all-encompassing goal: eliminate an entire category of weapons of mass destruction.

Namely what the treaty calls for is the prohibition of the “development, production, acquisition, stockpiling, retention, transfer or use of chemical weapons by states parties.” The chemicals themselves are divided into three different schedules, which may sound similar to those familiar with the U.S. drug classification regime. In addition, the signatories are responsible for enforcing these protocols within their own countries. Along with stopping the production of chemical weapons, states are required to destroy existing stockpiles and production facilities. Lastly, states are obligated to create a verification system for chemicals and must open themselves to snap inspections by other members. The video below details which chemicals are banned and what the CWC requires of its members.

Chemical Weapons Prohibition Regime: Success or Failure?

So is the current chemical weapons convention (CWC) a success or failure? Different metrics tell different stories.

Arguments for Success 

Membership in the treaty certainly casts a positive glow. As of 1997 when the treaty took effect, 190 countries had joined with only five–Israel, Egypt, North Korea, Angola, and South Sudan–not yet ratifying the treaty. Furthermore, real progress has been made in implementing a number of the treaty’s goals. As of 2007, 100 percent of chemical weapons sites had been “deactivated,” 90 percent of which had either been destroyed or switched to peaceful use. Additionally, over 25 to 30 percent of stockpiles had been destroyed and 2,800 inspections had been carried out. The map below indicates countries’ signing status: light green indicates that the country signed and ratified the CWC, dark green indicates that the CWC is acceded or succeeded, yellow countries have signed but not ratified the CWC, and red countries are not signatories.

Image courtesy of Wikimedia

Arguments For Failure

Conversely, while those metrics point to success, there a number that tell the opposite story. The world has failed to meet the 2012 deadline originally set by the treaty for completely disarming all chemical weapons globally. The two main culprits were also two of the main catalysts behind the treaty in the first place: Russia and the United States. These two countries possess the largest stockpiles of chemical weapons, so their compliance with the treaty carries significant weight. The video below shows the failures of the U.S., Russia, and other nations to uphold the treaty’s protocols.

Along with failure to disarm is the question of favoritism. While the U.S. has been critical of other countries’ efforts to disarm, it has not pressured its close ally Israel to ratify the treaty, let alone destroy its acknowledged stockpile.

Other issues also exist. Several countries, despite having ratified the treaty, have not set up the international policing mechanisms necessary and required by the treaty to give it any actual power. Additionally, the inspection process itself has been described as unfair and inadequate. Because labs are transitioning from large factories to smaller compounds, it’s difficult to inspect and punish individual labs for producing illegal compounds. Furthermore, there are a number of non-lethal compounds used by the police–such as tear gas–that are not covered by the CWC and can be harmful. Lastly, while the treaty covers states, it does nothing to prevent groups such as ISIS or Al-Qaeda from using the harmful weapons.

Conclusion

As of June 2014, Syria completed the process of either giving up or destroying all of its declared weapons. This was seen as a major coup as most expected Syria to sandbag, especially after it missed prior several deadlines. Although Syria declared its chemical weapons, it is still suspected that other secret caches remain. Additionally, after the first acknowledged use–the event that overstepped the Red Line and led to the agreement between Russia, the U.S., and Syria–there were several more speculated incidents of chemical weapons use in Syria.

This points to the problem with the Chemical Weapons Convention. Like the Non-Proliferation Treaty for nuclear weapons, there is no governing body that can punish a country for violating it. This is because joining the treaty is voluntary and there is no punishment for not joining or even for joining then quitting. Moreover, most of the countries that did join never had chemical weapons to begin with, thus signing a treaty prohibiting them made no difference. The bottom line then is that when it comes to chemical weapons, much like nuclear or biological weapons, the onus is on the individual country to comply.

Resources

Primary

United Nations Office for Disarmament Affairs: Chemical Weapons Convention

Additional 

Fact Check.org: Obama’s Blurry Red Line

OPCW: Brief History of Chemical Weapons Use

Johnston Archive: Summary of Historical Attacks Using Chemical or Biological Weapons

American Society of International Law: The Chemical Weapons Convention After 10 Years

Arms Control Association: Chemical Weapons Convention Signatories and States-Parties

Washington Times: U.S. and Russia are Slow to Destroy Their Own Chemical Weapons Amid Syria Smackdown

Think Progress: Nobody Thought Syria Would Give Up Its Chemical Weapons. It Just Did

Military.com: U.S. to Destroy Its Largest Remaining Chemical Weapons Cache

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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