The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, usually called the Geneva Protocol, is a treaty prohibiting the first use of chemical and biological weapons in international armed conflicts. It was signed at Geneva on 17 June 1925 and entered into force on 8 February 1928. It was registered in League of Nations Treaty Series on 7 September 1929. The Geneva Protocol is a protocol to the Hague Conventions of 1899 and 1907.
A number of countries submitted reservations when becoming parties to the Geneva Protocol, declaring that they only regarded the non-use obligations as applying to other parties and that these obligations would cease to apply if the prohibited weapons were used against them.
In the Hague Conventions of 1899 and 1907 the use of dangerous chemical agents were outlawed. In spite of this, the First World War saw large-scale chemical warfare. France used teargas in 1914, but the first large-scale successful deployment of chemical weapons was by the German Empire in Ypres, Kingdom of Belgium in 1915, when chlorine gas was released as part of a German attack at the Battle of Gravenstafel. Following this, a chemical arms race began, including Great Britain, Russia, Austria-Hungary, USA and Italy. This resulted in the development of a range of horrific chemicals affecting lungs, skin, or eyes. Some were intended to be lethal on the battle field, like hydrogen cyanide, and efficient methods of deploying agents were invented. At least 124,000 tons was produced during the war. In 1918 about one grenade out of three was filled with dangerous chemical agents. Around 1% of the fatalities and 4% of woundings of the Great War can be attributed to the use of gas, although the psychological affect on troops may have had a much greater effect. As protective equipment developed, the technology to destroy such equipment also became a part of the arms race.
At the 1925 Geneva Conference for the Supervision of the International Traffic in Arms the French suggested a protocol for non-use of poisonous gases. The Second Polish Republic suggested the addition of bacteriological weapons. It was signed on 17 June.
In the early Cold War Great Britain collaborated with the US in the development of chemical weapons. The Soviet Union also had the facilities to produce chemical weapons but their development was kept secret.
Both Syrian government and oppositional forces are accused of using chemical weapons in 2013 during the Syrian civil war, though as any such use would be within Syria's own borders, rather than in warfare between state parties to the protocol, the legal situation is less certain. The United Nations is conducting an investigation into the incident.
In 1966 United Nations General Assembly resolution 2162B called for, without any dissent, all states to strictly observe the protocol. In 1969 United Nations General Assembly resolution 2603 (XXIV) declared that the prohibition on use of chemical and biological weapons in international armed conflicts, as embodied in the protocol - though restated in a more general form, were generally recognised rules of international law. Following this, there was discussion of whether the main elements of the protocol now form part of customary international law, and now this is widely accepted to be the case.
There have been differing interpretations over whether the protocol covers the use of harassing agents, such as adamsite and tear gas, and chemical herbicides, such as Agent Orange, in warfare. However in 1969 there was a clear majority in the United Nations General Assembly to interpret the protocol as including harassing agents and herbicides, with the United States as the main opponent. The 1977 Environmental Modification Convention prohibits the military use of environmental modification techniques having widespread, long-lasting or severe effects. Many states do not regard this as an complete ban on the use of herbicides in warfare, but it does require case-by-case consideration. The 1993 Chemical Weapons Convention effectively banned riot control agents from being used as a method of warfare, though still permitting it for riot control.
In recent times the protocol has been interpreted to cover internal conflicts as well international ones. In 1995 an appellate chamber in the International Criminal Tribunal for the former Yugoslavia stated that "there had undisputedly emerged a general consensus in the international community on the principle that the use of chemical weapons is also prohibited in internal armed conflicts." In 2005 the International Committee of the Red Cross concluded that customary international law includes a ban on the use of chemical weapons in internal as well as international conflicts.
Parties with unwithdrawn reservations limiting the applicability of provisions of the Protocol
To become party to the Protocol, states must deposit an instrument with the government of France (the depositary power). Thirty-eight states originally signed the Protocol. France was the first signatory to ratify the Protocol on 10 May 1926. El Salvador, the final signatory to ratify the Protocol, did so on 26 February 2008. As of May 2013, 138 states have ratified, acceded to, or succeeded to the Protocol, most recently Moldova on 4 November 2010.
A number of countries submitted reservations when becoming parties to the Geneva Protocol, declaring that they only regarded the non-use obligations as applying with respect to other parties to the Protocol and that these obligations would cease to apply with respect to any state, or its allies, which used the prohibited weapons. Several Arab states also declared that their ratification did not constitute recognition of, or diplomatic relations with, Israel, or that the provision of the Protocol were not binding with respect to Israel. Generally, reservations not only modify treaty provisions for the reserving party, but also symmetrically modify the provisions for previously ratifying parties in dealing with the reserving party.:394 Subsequently, numerous states, including the former Czechoslovakia prior to its dissolution, have withdrawn their reservations.
According to the Vienna Convention on Succession of States in respect of Treaties, states which succeed to a treaty after gaining independence from a state party "shall be considered as maintaining any reservation to that treaty which was applicable at the date of the succession of States in respect of the territory to which the succession of States relates unless, when making the notification of succession, it expresses a contrary intention or formulates a reservation which relates to the same subject matter as that reservation." While some states have explicitly either retained or renounced their reservations inherited on succession, states which have not clarified their position on their inherited reservations are listed as "implicit" reservations.
^ abcdefghijklmnopqrsAccording to the Vienna Convention on Succession of States in respect of Treaties, states which succeed to a treaty after gaining independence from a state party "shall be considered as maintaining any reservation to that treaty which was applicable at the date of the succession of States in respect of the territory to which the succession of States relates unless, when making the notification of succession, it expresses a contrary intention or formulates a reservation which relates to the same subject matter as that reservation." Any state which has not clarified their position on reservations inherited on succession are listed as "implicit" reservations.
^"2603 (XXIV). Question of chemical and bacteriological (biological) weapons". United Nations General Assembly. 16 December 1969. Retrieved 24 August 2013. "use in international armed conflicts of: (a) Any chemical agents of warfare - chemical substances, whether gaseous, liquid or solid - which might be employed because of their direct toxic effects on man, animals or plants; (b) Any biological agents of warfare - living organisms, whatever their nature, or infective material derived from them - which are intended to cause disease or death in man, animals or plants, and which depend for their effects on their ability to multiply in the person, animal or plant attacked."