Security Council Deems Syria’s Chemical Weapon’s Declaration Incomplete, Urges Nation to Close Issues, Resolve Gaps, Inconsistencies, Discrepancies
Syria’s full cooperation with the Organisation for the Prohibition of Chemical Weapons (OPCW) is essential to closing all outstanding issues related to its initial and subsequent declarations, a senior United Nations official told the Security Council today during its monthly briefing on implementation of resolution 2118 (2013) on elimination of the country’s chemical weapons programme, highlighting that long-standing identified gaps, inconsistencies, and discrepancies remain unresolved.
Izumi Nakamitsu, Under-Secretary-General and High Representative for Disarmament Affairs, said that, since the Council’s last consideration of the matter, efforts by the OPCW Declaration Assessment Team to clarify outstanding issues regarding Syria’s initial and subsequent declarations have failed to progress. As such, given the unresolved gaps, inconsistencies and discrepancies, the OPCW Technical Secretariat assesses that the declaration submitted by Syria still cannot be considered accurate and complete in accordance with the Chemical Weapons Convention, she said.
She voiced regret over the continued lack of success by the OPCW Technical Secretariat to organize the next round of consultations between the Assessment Team and the Syrian National Authority, and that the Technical Secretariat has also not received declarations or documents that could help resolve 20 outstanding issues that have been pending since 2019. Nonetheless, a reduced team of the Assessment Team was deployed to Syria from 17 to 23 January to conduct limited activities not extending to technical consultations with the Syrian National Authority.
The OPCW Technical Secretariat continues to plan the next round of inspections of the Barzah and Jamrayah facilities of Syria’s Scientific Studies and Research Centre, slated for 2023, she went on. She expressed further regret that Syria has yet to provide sufficient technical information or explanations that will enable them to close the issue related to the detection of a Schedule 2 chemical at the Barzah facilities of the Centre in November 2018. On the unauthorized movement of two cylinders related to the chemical weapon incident that took place in Douma on 7 April 2018, Syria shared on 8 February 2023 pictures from the site where the cylinders were reportedly destroyed, but the Technical Secretariat is still awaiting information related to the unauthorized movement of these cylinders, she said. Turning to the invitation extended by OPCW’s Director-General to the Minister for Foreign Affairs and Expatriates of Syria to an in-person meeting, the Technical Secretariat stands ready to engage further on an agenda through the agreed channel.
The OPCW fact-finding mission deployed to Syria from 6 to 12 November 2022, and is presently preparing upcoming deployments, she continued. Meanwhile, the Investigation and Identification Team continues its investigations into incidents in which the fact-finding mission has determined that chemical weapons were used or likely used in Syria, she said, stating that, on 2 February, OPCW’s Director-General and the Identification Team’s Coordinator briefed States parties in The Hague on the Identification Team’s third report. The report concluded that the Syrian Arab Air Force was responsible for chemical weapons use in an incident in Douma on 7 April 2018, killing at least 43 named individuals and affecting dozens of others. Recalling that the Director-General and Identification Team’s Coordinator subsequently briefed the Council on these findings last month, she said: “It is my sincere hope that members of this Council will unite on this issue and show leadership in demonstrating that impunity in the use of the chemical weapons will not be tolerated.”
In the ensuing debate, many Council members echoed High Representative Nakamitsu’s call on Syria to uphold its obligations under the Convention and cooperate with OPCW. Representatives of the Russian Federation and China, who had previously repeatedly questioned the need for monthly meetings on the chemical weapons file and objected to the Investigation and Identification Team’s working methods, attended the meeting, but did not speak. Meanwhile, many countries commended OPCW’s impartiality and professionalism, but some States emphasized the need for the OPCW to adhere to the principles of non-politicization and consensus in carrying out its work.
The representative of the United States, underscoring that OPCW’s full Declarations Assessment Team should be allowed to return to Syria without delay, recalled that the Council heard in February OPCW’s unequivocal assessment that the Syrian Air Force carried out the 2018 attack on the town of Douma, killing and injuring civilians. Moreover, troops of the Russian Federation operated out of the same airbase from which the attack was carried out. Further, he noted that OPCW has found that the Al-Assad regime used chemical weapons on nine separate occasions, pointing out that the United States has already imposed a raft of sanctions in response. Meanwhile, the Council cannot abdicate its responsibility. “The stakes are simply too high for all of us to do otherwise,” he stressed.
In a similar vein, the representative of the United Kingdom called on the Council to pressure Syria to cooperate with OPCW, given that the country’s chemical weapons programme presents an ongoing threat, as it continues to fail to comply with its obligations. Pointing out that the Douma report also exposed repeated attempts of the Russian Federation to protect the Assad regime from accountability, she recalled that, five years ago, two agents of the General Staff of the Armed Forces of the Russian Federation carried out a chemical weapons attack in the United Kingdom, killing a British citizen and injuring others.
The speaker for France, emphasizing that there must be no impunity for war crimes, underscored the impartial and professional work of OPCW and the detailed and convincing presentation of its Director-General in February. “No campaign of disinformation would be able to hide the guilts of the regime,” he stressed, calling on Syria to immediately comply with its obligations. Further, he urged that country to shed light on its stockpiles, adding: “We know that they have not all been destroyed.”
The representative of Mozambique, Council President for March, also speaking on behalf of Gabon and Ghana, took note of the OPCW report issued on 27 January 2023, emphasizing that the involvement of all parties in good faith will allow for progress on the file and eliminate any differences hindering investigations. All sides involved in ongoing investigations must assume their responsibilities and must collaborate with the Investigation and Identification Team so that, once allegations are confirmed, perpetrators can be held accountable and victims alleviated.
For his part, the representative of Iran voiced concern over the exploitation and politicization of the Chemical Weapons Convention and OPCW, which has caused division among Member States and weakened the legitimacy of the disarmament machinery. Asserting that the Investigation and Identification Team’s 27 January report was based on unauthorized sources and disregarded the Syrian Government’s observations, he stressed: “The political approach towards the Syrian file has been a failed strategy, jeopardizing the process aimed at resolving outstanding issues.” Given the lack of progress, monthly meetings on the Syrian chemical weapons file were counterproductive and a waste of the Council’s time, he added.
Syria’s representative emphasized that his country has cooperated with the OPCW in a fully transparent and open manner and destroyed its entire chemical stockpile and production facilities in 2014. He went on to outline examples of his country’s willing engagement with OPCW, including the recent submission of its 111th report on activities conducted on its territory; its reception and assistance to the reduced staff of the Declaration Assessment Team upon its visit in January; and its submission to the OPCW Technical Secretariat pictures of the site where the two chlorine cylinders related to the alleged incident in Douma were destroyed, adding that they were destroyed as a result of an Israeli aggression on the site. “Ignoring the constructive and fruitful cooperation carried out by the Syrian National Authority during the past years, and all the facilities it provided to the various teams of OPCW […] are clear indications of the extent of politicization that dominated the work of OPCW,” he stressed. Meanwhile, terrorists continue to coordinate with the “White Helmets” group, an arm of the Al-Nusra Front, he said, adding: “The persistence of some countries to overlook the serious threat posed by terrorist organizations’ possession of weapons of mass destruction raises serious risks for all Member States.”
Also speaking were representatives of Ecuador, Brazil, Switzerland, United Arab Emirates, Albania, Malta, Japan and Türkiye.
The meeting began at 3:03 p.m. and ended at 4:13 p.m.
Briefing
IZUMI NAKAMITSU, Under-Secretary-General and High Representative for Disarmament Affairs, said that, since the Council’s last consideration of the matter, efforts by the Organisation for the Prohibition of Chemical Weapons (OPCW)’s Declaration Assessment Team to clarify all outstanding issues regarding Syria’s initial and subsequent declarations has failed to progress. Unfortunately, all efforts by the OPCW Technical Secretariat to organize the next round of consultations between the Assessment Team and the Syrian National Authority continue to be unsuccessful. While the OPCW Technical Secretariat has provided Syria with a list of pending declarations and other documents requested by the Assessment Team since 2019 that could help resolve 20 outstanding issues, they have not yet received any declarations or documents. Nonetheless, a reduced team comprised of some members of the Assessment Team deployed to conduct limited in-country activities in the Syrian Arab Republic from 17 to 22 January 2023, she said, adding that its activities did not involve any technical consultations with the Syrian National Authority.
Reiterating that Syria’s full cooperation with the OPCW Technical Secretariat is essential to closing all outstanding issues, she repeated that, considering identified gaps, inconsistencies, and discrepancies that remain unresolved, the OPCW Technical Secretariat assesses that the declaration submitted by that country still cannot be considered accurate and complete in accordance with the Chemical Weapons Convention. Turning to inspections of the Barzah and Jamrayah facilities of Syria’s Scientific Studies and Research Centre, she noted that the OPCW Technical Secretariat continues to plan the next round of inspections, slated for 2023, but voiced regret that Syria has yet to provide sufficient technical information or explanations that would enable them to close the issue related to the detection of a Schedule 2 chemical at the Barzah facilities of the Centre in November 2018. On the unauthorized movement of the two cylinders related to the chemical weapon incident that took place in Douma on 7 April 2018, Syria shared on 8 February 2023 pictures from the site where the cylinders were reportedly destroyed, but the Technical Secretariat is still awaiting information related to the unauthorized movement of these cylinders, she said. On the invitation extended by OPCW’s Director-General to the Minister of Foreign Affairs and Expatriates of Syria to an in-person meeting, the Technical Secretariat stands ready to engage further on an agenda through the agreed channel. Further, she added that the United Nations Office for Project Services (UNOPS) continues to provide support to the OPCW mission in Syria, in line with the Tripartite Agreement, whose extension is in force up to 30 June 2023.
Turning to the activities of the OPCW fact-finding mission, she said it deployed to Syria from 6 to 12 November 2022, and is presently preparing upcoming deployments. The Investigation and Identification Team also continues its investigations into incidents in which the fact-finding mission has determined that chemical weapons were used or likely used in Syria, she went on. On 2 February 2023, the Director-General of OPCW and the Identification Team’s Coordinator briefed States Parties in The Hague on the Identification Team’s third report, in which it concluded that the Syrian Arab Air Force was responsible for chemical weapons use in an incident in Douma on 7 April 2018, killing at least 43 named individuals and affecting dozens of others, following which they also briefed the Council last month. Underscoring the need to identify and hold accountable anyone responsible for the use of chemical weapons in grave violation of international law, she said: “It is my sincere hope that members of this Council will unite on this issue and show leadership in demonstrating that impunity in the use of the chemical weapons will not be tolerated.”
Statements
RICHARD M. MILLS, JR. (United States) said the Council must seek accountability for the heinous acts perpetrated by the regime of Syria’s President, Bashar Al-Assad. Syria must comply with its obligations under the Chemical Weapons Convention and resolution 2118 (2013), and verifiably complete the destruction of its weapons programme. OPCW’s full Declarations Assessment Team should be allowed to return to Syria without delay, and the regime must account for all its longstanding omissions without delay. The Council heard in February OPCW’s unequivocal assessment that the Syrian Air Force carried out the 2018 attack on the town of Douma, killing and injuring civilians, and that troops of the Russian Federation operated out of the same airbase from which the attack was carried out. Noting that the OPCW has found that the Al-Assad regime used chemical weapons on nine separate occasions, he said the United States has already imposed a raft of sanctions in response, and called on others to do likewise. He voiced support for work of the International, Impartial and Independent Mechanism in Syria — which has already led to convictions of former regime officials in Europe — and said his delegation looks forward to more convictions, including, potentially, in the United States. Meanwhile, the Council cannot abdicate its responsibility. “The stakes are simply too high for all of us to do otherwise,” he stressed.
HERNÁN PÉREZ LOOSE (Ecuador) called on Syrian authorities to comply with their obligations and undertake cooperation with OPCW. He expressed regret that, despite efforts made since 2019 to clarify outstanding issues, there continued to be inconsistencies, urging Syria to respond promptly to all outstanding issues. Reiterating support to OPCW and its Technical and Investigation Team, he said he looked forward to results from the visit of the reduced Declaration Assessment Team. Noting that conclusions of the third report of the OPCW Investigation and Identification Team established the existence of sufficient grounds to point to the Syrian Air Force as having carried out the chemical attack in Douma in 2018, he said there can be no impunity for those responsible. He went on to reiterate Ecuador’s rejection of the production, storage and use of weapons of mass destruction, including chemical weapons.
ALICE JACOBS (United Kingdom), commending the Investigation and Identification Team’s integrity and professionalism in reaching its conclusions through rigorous scientific methodology, said the Douma report has also exposed repeated attempts of the Russian Federation to protect the Assad regime from accountability. The reprehensible scapegoating of the White Helmets is aimed at deflecting attention, she stressed, recalling that five years ago, two agents of the General Staff of the Armed Forces of the Russian Federation carried out a chemical weapons attack in the United Kingdom, killing a British citizen and injuring others. Pointing out that Douma represents the ninth attributed instance of chemical weapons use by the Assad regime, she said it could use chemical weapons again. “The outstanding issues on Syria’s declaration are neither academic nor historic,” she stressed, adding that, while Syria continues to fail to comply with its obligations, its chemical weapons programme presents an ongoing threat. Against this backdrop, she called on the Council to continue bringing pressure on Syria to cooperate with OPCW.
LUÍS GUILHERME PARGA CINTRA (Brazil) said his Government announced the donation of water purifiers and 7 tons of nutritious, dehydrated foods to Syria in response to the recent, devastating earthquake. Pointing out that the findings of the Investigation and Identification Team are “extremely serious”, he said they must be subject to an impartial analysis in accordance with the Chemical Weapons Convention. While he outlined concerns about the process that led to the establishment of the Team and questions regarding the challenges it faced in its mandate implementation, he acknowledged the gravity of its conclusions. Condemning the use of any chemical weapons, anywhere, by anyone and under any circumstances, he said the use of threats to utilize any weapons of mass destruction are incompatible with international humanitarian law. Expressing hope that Syrian authorities and OPCW can engage in cooperation to clarify episodes of chemical weapons use and address outstanding questions regarding Syria’s declared chemical arsenal of and its destruction, he said this cooperation is essential to close the “Syrian chemical file”.
ADRIAN DOMINIK HAURI (Switzerland), welcoming that some members of the Declarations Assessment Team were able to visit Syria from 17 to 22 January and carry out limited activities, expressed hope that the visit can serve as a first step towards Syria's renewed and full cooperation with OPCW. Reaffirming his country’s confidence in that Organisation and all its missions, whose integrity and professionalism are beyond doubt, he said Syria, like all States parties to the Chemical Weapons Convention, is obliged to accept OPCW-designated personnel, provide them with immediate and unhindered access and the right to inspect all sites. It has been almost 10 years since Syria, at the Council’s unanimous instigation, submitted its initial declaration to OPCW. To date, 20 points of the declaration remain outstanding. Syria must provide the necessary responses to the OPCW Technical Secretariat, in accordance with the decisions of OPCW's political bodies, he stressed, emphasizing that the Convention’s obligations have been repeatedly violated in Syria and recalling last month’s revelations on the 2018 Douma incident, whose perpetrators must be held to account.
MAISOON ALDAH (United Arab Emirates) reiterated her country’s firm condemnation and rejection of the use of chemical weapons by anyone, anywhere, under any circumstances, adding that such acts constitute flagrant violations of the Chemical Weapons Convention and international law. She reiterated the need to address pending issues between the Syrian authorities and OPCW, underscoring the need to abide by technical principles upon which that body was established, which include consensus and non-politicization. Noting that her country hoped that details about the deployment of the reduced team to Damascus will be included in the OPCW report, she looked forward to reading those in the report to be issued at the end of the month. She emphasized the continued risk and threat posed to Syria by the use of such weapons by terrorist groups, including Da’esh, as evinced by that group’s recent attacks in Homs, in the east, which lead to the deaths of 53 people. She further underlined the importance of making progress on the chemical weapons file, and on all files related to resolving the Syrian crisis.
ARIAN SPASSE (Albania), endorsing findings of the OPCW Investigation and Identification Team, said that the use of chemical weapons should not go unpunished. “Our silence in the face of these abominable crimes can be mistaken as an incentive for the use of these weapons,” he added. Reiterating his concerns over continuing gaps and discrepancies in Syria's initial statement, he deplored the non-cooperative approach of the regime with the OPCW Technical Secretariat. “There is no other solution than Syria's full and effective cooperation with OPCW,” he stressed. Commending OPCW’s ability to respond to allegations of chemical weapons’ use, he said Albania was looking forward to the meeting of the OPCW Director-General and the Minister of Foreign Affairs of Syria. Turning to funding for the reduced Declaration Assessment Team’s visit to Syria, he said he also awaited the results of the ninth round of inspections at the Barzah and Jamrayah facilities, carried out in September 2022.
DARREN CAMILLERI (Malta) said his delegation has full confidence that OPCW’s latest report was drafted adhering to best practices of international fact-finding bodies and commissions of investigation, as well as applicable OPCW procedures. Voicing full support for the Organisation’s independent, unbiased and expert work, he said any unfounded claims aimed at undermining its credibility or questioning its findings must not go unchallenged. He regretted that the Syrian authorities failed to grant access to the sites of the Douma incident, despite their obligations under the Chemical Weapons Convention and resolution 2118 (2013). “This follows an unfortunate pattern of behaviour by Syria on this file,” he said, also voicing regret that pending declarations and other documents requested by the Declaration Assessment Team since 2019 have not yet been provided. Among other things, he strongly encouraged the renewed extension of the Tripartite Agreement between OPCW, the United Nations and Syria, which is due to expire on 30 June.
HAMAMOTO YUKIYA (Japan), expressing his delegation’s support for the impartial, independent and professional work of OPCW and its Technical Secretariat, agreed with other speakers that the use of chemical weapons should never be tolerated anywhere, at any time, by anyone, under any circumstance. He recalled that the recently released third report of the Investigation and Identification Team concluded that there are “reasonable grounds” to believe that the Syrian Arab Air Force perpetrated the chemical weapons attacks in Douma in 2018. Condemning such attacks, he said it also remains regrettable that little concrete progress has been registered on the current file, and Syria’s declaration still cannot be considered accurate and complete. He also deplored the lack of progress in organizing a high-level meeting between the OPCW Director-General and Syria’s Minister for Foreign Affairs, as well as the next round of consultations between the Declaration Assessment Team and the Syrian National Authority. “A reduced team without any technical consultations with the Syrian National Authority can never be considered sufficient,” he stressed, reiterating calls on the latter to guarantee full and unhindered access to OPCW staff and urging it to engage in good faith.
NICOLAS DE REVIÈRE (France) called on the Syrian regime to immediately comply with its obligations, urging it to shed light on its stockpiles, while adding: “We know that they have not all been destroyed.” Taking note of the limited deployment of OPCW teams to Syria, he said France is awaiting the forthcoming report. Pointing out that Syria has consistently hindered the work of OPCW, he said the responsibility lies entirely with the Syrian regime. In this regard, commending the impartial and professional work of OPCW, he recalled a detailed and convincing presentation of its Director-General. “No campaign of disinformation would be able to hide the guilts of the regime,” he stressed, underscoring that exposing the truth is essential in holding the perpetrators accountable. Emphasizing that there must be no impunity for war crimes, he added that the fight against impunity is the foundation of the effectiveness and credibility of the prohibition regime.
PEDRO COMISSÁRIO AFONSO (Mozambique), Security Council President for March, also speaking on behalf of Gabon and Ghana, took note of the OPCW report issued on 27 January 2023, and called on all sides involved in ongoing investigations to assume their responsibilities. They should collaborate with the Investigation and Identification Team, so that, once allegations are confirmed, perpetrators can be held accountable and victims alleviated. Welcoming cooperation between Syria and OPCW on the mission of the latter’s limited group of experts, he emphasized that the involvement of all parties in good faith will allow for progress on the file and eliminate any differences hindering investigations. He went on to advocate for greater commitment and more partnerships among States on matters related to disarmament, underlining his opposition to the use of chemical weapons by anyone, anywhere and under any circumstances. Expressing his commitment to the established norms against the use of chemical weapons and all efforts to rid their production, storage or use, he urged the early closure of the Syria’s chemical weapons programme to contribute to international peace and security.
BASSAM SABBAGH (Syria) said his country first witnessed the use of chemical weapons when terrorist groups fired a shell carrying toxic chemicals in Khan al-Assal, in Aleppo governorate, killing 25 people and injuring 110 others. In 2013, the Government took the strategic and voluntary decision to accede to the Chemical Weapons Convention. Syria was one of the first countries to accede to the Non-Proliferation Treaty, has signed the Biological Weapons Convention and actively contributes to efforts to establish a zone free of all weapons of mass destruction in the Middle East. Emphasizing that Syria has repeatedly expressed its categorical condemnation of the use of chemical weapons anytime, anywhere, by anyone and under any circumstances, he said it has cooperated with OPCW in a fully transparent and open manner. Moreover, it destroyed its entire chemical stockpile and production facilities in 2014.
Pointing out that the Syrian National Authority recently submitted its 111th report regarding activities conducted on its territory, he added that the country received the reduced staff of the Declaration Assessment Team in January and facilitated visits to some sites to collect samples and interview witnesses. Among other examples of its willing engagement, he said the Syrian National Authority’s focal point still stands ready to communicate with its counterpart in OPCW to prepare for a high-level meeting. The authorities also recently provided the OPCW Technical Secretariat with pictures of the site where the two chlorine cylinders related to the alleged incident in Duma were destroyed, and which were destroyed as a result of an Israeli aggression on the site — a violation of Syria’s sovereignty. “Ignoring the constructive and fruitful cooperation carried out by the Syrian National Authority during the past years, and all the facilities it provided to the various teams of OPCW […] are clear indications of the extent of politicization that dominated the work of OPCW,” he stressed. Unprofessional reports issued by the OPCW Technical Secretariat, which are based on information that does not enjoy credibility, and did not follow the methodology stipulated in the Chemical Weapons Convention, have allowed Western countries to use the Organisation as a platform to target Syria. Meanwhile, terrorists continue to coordinate with the “White Helmets” group, an arm of Al-Nusra Front, he said, also outlining coordination with other terrorist factions. “The persistence of some countries to overlook the serious threat posed by terrorist organizations’ possession of weapons of mass destruction raises serious risks for all Member States,” he stressed, calling for action and an end to the issue’s politicization.
AMIR SAEID IRAVANI (Iran) said that, as the main victim of chemical weapons attacks, his country condemns the use of such weapons as a crime against humanity and a blatant violation of international law. This is why the Iranian people will never forget how Western countries supported the Saddam Hussein regime in its systematic use of chemical weapons against them, he added. Noting that Syria has fulfilled its obligations under the Chemical Weapons Convention and cooperates with OPCW, he voiced concern over the exploitation and politicization of the Convention and OPCW, causing division among Member States and weakening the credibility and legitimacy of the disarmament machinery. The Investigation and Identification Team’s 27 January report, like its previous ones, was based on unauthorized sources and lacked required legal conclusions, while disregarding the Syrian Government’s observations, he said, adding: “The political approach towards the Syrian file has been a failed strategy, jeopardizing the process aimed at resolving outstanding issues.” Further, applying double standards will only distract from the technical nature of discussions, he said, emphasizing that any investigation must be impartial, professional, credible, objective, and comply with the Convention’s procedures. In addition, he stressed that holding monthly meetings on the Syrian chemical weapons file, despite no developments being made, is counterproductive and a waste of the Council’s time.
CEREN HANDE ÖZGÜR (Türkiye), recalling that the OPCW Secretariat is still waiting for responses to its inquiries regarding the Syrian regime’s chemical weapons production facilities, said that, due to identified gaps and discrepancies, the OPCW cannot consider the regime’s declaration accurate and complete. In this regard, she called on the regime to cooperate with the OPCW Technical Team and submit pending declarations and documents. Commending the work of the Technical Secretariat, she welcomed its efforts to deliver, using new and alternative methods when facing hurdles. In these efforts, the OPCW needs the Council’s support, not its discouragement, she added. Turning to forthcoming reports on visits conducted by the reduced Declaration Assessment Team, she said investigations are important to establish the truth about chemical weapons use in Syria. Recalling that the use of chemical weapons is a violation of humanitarian law, she said that ending impunity is a collective responsibility of the Council for hundreds of innocent lives lost due to chemical attacks in Syria. “We cannot change the past, but we do have the power the change the course of the future for the people of Syria,” she added.