THE FORMATION OF THE LEGAL REGIME OF PROHIBITION OF NUCLEAR WEAPONS IN INTERNATIONAL LAW

Abstract

The article examines the formation and development of the international legal regime for the prohibition of chemical weapons. It emphasizes the ineffectiveness of the Geneva Protocol of 1925 as the historically first document on the prohibition of chemical weapons, and reveals the grounds for the formation of an international legal regime for the prohibition of chemical weapons in the second half of the twentieth century. It emphasizes the awareness of states of the need to prohibit chemical weapons due to the practical impossibility of their use. It points to the decline in interest in chemical weapons and the low probability of their use as prerequisites for their final prohibition. At the same time, it is emphasized that there were cases of the use of chemical weapons in local conflicts, which made their prohibition relevant. It is noted that during the Cold War, no new treaties on chemical weapons were concluded, which was explained by the practical impossibility of reaching relevant agreements. At the same time, there was a general movement for the prohibition of chemical weapons, which was reflected, in particular, in the resolutions of the UN General Assembly, the activities of intergovernmental and non-governmental organizations, such as the ICRC. The projects developed by the latter played a significant role in the further restriction or prohibition of certain types of weapons, including chemical weapons. At the same time, the work of international conferences on the prohibition of chemical weapons was able to move from a dead end only in the late 1980s with the end of the Cold War. The negotiation process that led to the adoption of the Chemical Weapons Convention of 1993, which provided for numerous obligations regarding chemical weapons, is considered. In particular, these obligations concerned the non-use, non-proliferation and destruction of existing stockpiles of chemical weapons. It is emphasized that the obligations regarding the destruction of chemical weapons concerned not only states, but also individual intra-state actors, in particular chemical enterprises. The article examines the security guarantees that have been created for States Parties to the Convention, including in the event of an attack using chemical weapons. It concludes that the 1993 Convention has created a comprehensive international legal regime prohibiting chemical weapons.