French draft resolution on chemical weapons in Syria

This is the French draft U.N. Security Council resolution on chemical weapons in Syria, obtained by Reuters UN bureau chief Louis Charbonneau on Tuesday, 9/10/2013. 

The Security Council

PP1. Expressing its horror at the use of chemical weapons on 21 August 2013 in Rif Damascus and the large scale fatalities that resulted from it,

PP2. Expressing profound concern at the risk of further use of chemical weapons by the Syrian authorities, considering the significant stockpiles of chemical weapons detained by the Syrian authorities,

PP3. Affirming that the use of chemical weapons constitutes a serious violation of international law,

PP4.Affirming that the use of chemical weapons on this scale marks the gravest escalation in the disproportionate, indiscriminate and systematic use of weapons by the Syrian authorities against its own people, and can constitute a war crime and a crime against humanity,

PP5.Recalling that Syria is party to the 1925 Geneva Protocol which prohibits the use in war of asphyxiating, poisonous or other gas, and of bacteriological methods of warfare,

PP6.Stressing that those responsible for attacks on civilians, and any attacks using chemical weapons, including attacks by forces under their control, must be held accountable,

PP7.Recalling resolution 1540 (1984) which affirms that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security,

PP8.Determining that the situation in Syria constitutes a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Condemns the use of chemical weapons by the Syrian authorities on 21 August 2013 against the civilian population of Rif Damascus in violation of its obligations under international law;

2. Demands that these authorities strictly and urgently observe their obligations under international law with respect to chemical and biological weapons, in particular resolution 1540 (2004) and the 1925 Geneva Protocol

3. Demands the immediate cessation of the use of chemical weapons by the Syrian authorities;

4. Demands that the Syrian authorities fully comply with the Mission mandated by UNSG to investigate a number of allegations of use of chemical weapons in the Syrian Arab Republic, and ensure the security of the Mission,

5. Demands Syria to reaffirm unconditionally its obligation under the Geneva Protocol for the Prohibition of the Use in war of asphyxiating, poisonous or other gases, and of bacteriological methods of warfare, signed at Geneva on 17 June 1925, and to access the Convention on the Prohibition of Chemical Weapons and to ratify the Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological and toxin weapons and their destruction;

6. Decides that the Syrian authorities shall unconditionally destruct, remove or render harmless, under international supervision and take all necessary measures and appropriate means in that regard : (a) all chemical and biological weapons and all stocks of agents and all related subsystems and components and all research, development, support and manufacturing facilities and (b) all means capable of delivering chemical weapons and related major parts, and repair and production facilities;

7. Demands that the Syrian authorities submit to the Secretary-General, within fifteen days of the adoption of the present resolution, an exhaustive, complete and definitive declaration of the locations, amount and types of all items related to its chemical warfare program specified in paragraph 6;

8. Decides that the Mission to investigate allegations of the use of chemical weapons in the Syrian Arab Republic, in close coordination with the Organisation for the prohibition of Chemical Weapons, will carry out immediate on-site inspections of Syria's chemical, biological and related vehicles, based on Syria's declaration and the designation of any additional locations by the Mission itself;

9. Decides that Syria shall allow immediate, unconditional and unrestricted access to any and all areas, facilities, equipment, records and means of transport which the Mission wishes to inspect in accordance with the mandate given by the present resolution, as well as to all officials and other persons linked to the Syrian chemical and biological weapons program including their means of delivery, and stresses the importance of ensuring that the Mission have all necessary resources and authority for the fulfillment of its work in Syria;

10. Demands the Syrian authorities to take all necessary steps and appropriate measures to ensure the proper custody of all chemical weapons, precursors and agents, and vehicles as mentioned in paragraph 6 pending their destruction, removal or rendering harmless, and to prevent their proliferation and dissemination;

11. Requests the Head of the Mission, in close coordination with the Director General of the OPCW to communicate to the Security Council, within [10 days] after the submission by the Syrian authorities referred to in OP6, his first report on the application of the mandate given by the present resolution including the cooperation extended by the Syrian authorities, and to provide additional reports on a monthly basis;

12. Decides that direct or indirect supply, sale or transfer to and from the Syrian Arab Republic, of chemical or biological weapons and related precursors, agent and materiel of all types, including technical assistance, training, financial or other assistance shall immediately be prohibited, and, in this context;

12. Calls upon all Member States to inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from Syria, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer, or export of which is prohibited by paragraphs 5 of this resolution;

13. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council, to undertake the following tasks: (a) to seek from all States, in particular those in the region and those producing the items, materials, equipment, goods and technology referred to in paragraph 5, and from the secretariat of the OPCW information regarding the actions taken by them to implement effectively the measures imposed by this resolution and whatever further information it may consider useful in this regard; (b) to examine and take appropriate action following information regarding alleged violations of measures imposed this resolution; (c) to consider and decide upon requests for exemptions; (d) to determine as may be necessary additional items, materials, equipment, goods and technology to be specified for the purpose of paragraph 5 above; (e) to designate as may be necessary individuals and entities subject to the measures imposed by paragraph 12 above; (f) to promulgate guidelines as may be necessary to facilitate the implementation of the measures imposed by this resolution and include in such guidelines a requirement on States to provide information where possible as to why any individuals and/or entities meet the criteria set out in paragraph 12 and any relevant identifying information; (g) to report at least every 90 days to the Security Council on its work and on the implementation of this resolution, with its observations and recommendations, in particular on ways to strengthen the effectiveness of the measures imposed by this resolution;

14. Decides to establish immediate travel ban and asset freeze against individuals responsible for any violations of this resolution as designated by the Committee of the Security Council,

15. Decides to refer the situation in Syria since March 2011 to the Prosecutor of the International Criminal Court,

16. Decides that all Member States shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and urges concerned regional and other international organisations, including the International Independent Commission of Inquiry, to cooperate fully with the Court and the Prosecutor;

17.Affirms that it shall keep the Syrian authorities' actions under continuous review, and stresses its intention, in the event of non-compliance by the Syrian authorities with the provisions of this resolution in light of the reports requested in OP10, to adopt further necessary measures under Chapter VII;

18. Decides to remain actively seized of the matter. 

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