LAW ENFORCEMENT IN THE USE OF CHEMICAL WEAPONS IN ARMED CONFLICT

Abstract

Despite the declaration of St. Petersburg in 1868, Brussels Declaration of 1874, Hague Convention of 1899. Chemical weapons were used even in warfare which resulted in the deaths of more than one hundred thousand people and around one million people injured. The 1925 Geneva Protocol prohibits the use of biological weapons and chemical weapons, but does not prohibit the development, production, stockpiling or distribution, and does not regulate the handling mechanisms and procedures in the event of a violation. Then the Chemical Weapon Convention (CWC) was formed which regulates the use of chemical weapons in general, which means during times of peace or armed conflict. There are several forms of sanctions that can be imposed on parties to disputes in the internal Syrian conflict, namely non-military sanctions and military sanctions. In the context of international law, non-military sanctions are regulated in Article 41 of the UN Charter while military sanctions are regulated in Article 42 of the UN Charter which determines the authority of the UN Security Council to impose sanctions. The involvement of OPCW as an international organization in disarming chemical weapons by terrorist IS and opposition groups that are not recognized by the Syrian government has limited operations. Therefore, OPCW as an international organization based on CWC in world chemical disarmament requires greater authority and fluency in upholding its rules. According to article 13 letter b of the Rome Statute it has been stipulated that the UN Security Council based on its authority under Chapter VII of the United Nations Charter has the right to submit to the Court through the Prosecutor for crimes that have not or have not ratified the Statute. Article 13 letter b of the ICC is a strong and legal juridical basis to legitimize the UN Security Council in making policies to hand over cases of gross human rights violations in the Syrian conflict to the ICC.