The
Security Council,
PP1. Recalling the
Protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous or other Gases, and of Bacteriological Methods of Warfare,
and the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction
(CWC), and its resolutions 2401 (2018), 2319 (2016), 2314 (2016),
2253 (2015), 2235 (2015), 2209 (2015), 2178 (2014), 2118 (2013), 1989
(2011), 1540 (2004) and 1267 (1999),
PP2. Noting that
additional allegations of chemical weapons use in Syria continue to
be investigated by the Fact-Finding Mission (FFM) of the Organization
for the Prohibition of Chemical Weapons (OPCW),
PP3. Expressing deep
concern at the alleged use of chemical weapons in the
Douma area outside Damascus in the Syrian Arab Republic on 7 April
2018 reportedly causing large-scale loss of life and
injuries, affirming that the use of chemical weapons
constitutes a serious violation of international law,
and stressing that those responsible for any use of
chemical weapons must be held accountable,
PP4.
Noting that the Director-General of the Organisation for the
Prohibition of Chemical Weapons (OPCW) has announced, in addition to
its ongoing investigation, that its Fact Finding Mission (FFM) is in
the process of gathering and analyzing information on this incident
from all available sources and will report its findings to States
Parties to the CWC,
PP5. Condemning in
the strongest terms any use of chemical weapons and toxic chemicals
as weapons in the Syrian Arab Republic, and expressing grave
concern that civilians continue to be killed and injured by
chemical weapons and toxic chemicals as weapons in the Syrian Arab
Republic,
PP6. Recalling that
the Syrian Arab Republic acceded to the CWC, noting that
the use of any toxic chemical, such as chlorine, as a chemical weapon
in the Syrian Arab Republic is a violation of resolution 2118,
and further noting that any such use by the Syrian
Arab Republic would constitute a violation of the CWC,
PP7. Reaffirming their
grave concern that the Islamic State in Iraq and the Levant (ISIL,
also known as Da’esh) and other individuals, groups, undertakings,
and entities associated with ISIL (Da’esh) or Al-Qaida, including
but not limited to foreign terrorist fighters who have joined ISIL
(Da’esh in Syria, groups that have pledged allegiance to ISIL
(Da’esh), and Al-Nusra Front (ANF), continue operating in the
Syrian Arab Republic,
PP8. Emphasizing the
importance of conducting an independent, impartial and transparent
investigation that examines relevant evidence with
professionalism, and including, where safety and security
permits, in coordination with the United Nations Department of Safety
and Security and the OPCW, safe travel to sites the investigators
deem relevant to the investigation, which could include but is not
limited to the site of the alleged attack, and where the
investigators determine there are reasonable grounds to believe
access is justified based on their assessment of the facts and
circumstances known to them at the time, when security conditions
allow for safe access;
PP9. Recalling that
the FFM is not mandated to reach conclusions about attributing
responsibility for chemical weapons use,
1.
Reiterates its condemnation in the strongest terms of any
use of any toxic chemical, including chlorine, as a weapon in the
Syrian Arab Republic and expresses its outrage that
civilians continue to be killed and injured by chemical weapons and
toxic chemicals as weapons in the Syrian Arab Republic;
2. Reiterates that
no party in the Syrian Arab Republic should use, develop, produce,
acquire, stockpile, retain, or transfer chemical weapons;
3. Recalls its
decision in resolution 2118 that the Syrian Arab Republic shall not
use, develop, produce, otherwise acquire, stockpile or retain
chemical weapons, or, transfer, directly or indirectly, chemical
weapons to other States or non-State actors;
4. Condemns in
the strongest terms the continued reported use of chemical
weapons in the Syrian Arab Republic, in particular the alleged
use of chemical weapons in Douma on 7 April 2018,
5. Expresses its
full support to the OPCW FFM, demands that all parties in the Syrian
Arab Republic provide unhindered and safe access without
delay to any sites deemed relevant by the OPCW FFM,
and requests that the FFM report the results of its
investigation of the alleged attack in Douma to the
Director-General of the OPCW and to the Secretary-General as soon as
practicable;
6. Reiterates
its demand, reminding in particular the Syrian
authorities, that all parties facilitate safe and unimpeded
passage for medical personnel and humanitarian personnel exclusively
engaged in medical duties, their equipment, transport and supplies,
including surgical items, to all people in need, particularly in
Douma, consistent with international humanitarian law;
7. Decides to
establish the United Nations Independent Mechanism of Investigation
(UNIMI) for a period of one year with a possibility of further
extension and update by the Security Council if it deems necessary;
8. Requests the
United Nations Secretary-General, in coordination with the OPCW
Director-General, to submit to the Security Council, for its
authorization, within 30 days of the adoption of this resolution,
recommendations, including elements of Terms of Reference, regarding
the establishment and operation of the UNIMI, based on the principles
of impartiality, independence and professionalism, to identify to the
greatest extent feasible, individuals, entities, groups, or
governments who were perpetrators, organizers, sponsors or otherwise
involved in the use of chemical weapons, including chlorine or any
other toxic chemical, in the Syrian Arab Republic, and expresses its
intent to respond to the recommendations, including Terms of
Reference, within fifteen days of receipt;
9. Requests
further that the United Nations Secretary-General, in
coordination with the OPCW Director-General, undertake without delay
steps, measures, and arrangements necessary for the speedy
establishment and full functioning of the UNIMI, including recruiting
impartial and experienced staff with relevant skills and expertise in
accordance with the Terms of Reference, and notes due
regard should be paid to the importance of recruiting the staff on as
wide a geographical basis as is possible;
10. Reaffirms support
to the OPCW and UNIMI as they undertake their respective
investigations in a manner they deem appropriate to fulfill their
mandate, acknowledges the dangers associated with investigating
chemical weapon use in Syria, and highlights the importance of full
coordination with the United Nations Department of Safety and
Security, and the OPCW, to ensure the FFM and UNIMI can safely travel
to sites they deem relevant to their investigation, which could
include but is not limited to the site of the alleged attack, where
they determine there are reasonable grounds to believe access is
justified based on their assessment of the facts and circumstances
known to them at the time, when security conditions allow for safe
access, and urges all Member States to facilitate
such access where possible;
11. Requests the OPCW to
provide UNIMI full access to all of the information and
evidence obtained or prepared by the OPCW, including, but not
limited to, medical records, interview tapes and transcripts, and
documentary material, further reaffirms that
the UNIMI should work in coordination with the OPCW to
fulfill its mandate, and requests that the
Secretary-General make the necessary arrangements for UNIMI to
liaise closely with the OPCW to expeditiously investigate
any incident the OPCW determines involved or likely
involved the use of chemicals as weapons in order to identify those
involved in accordance with the provisions of
paragraph 8 of this resolution;
12. Calls
upon all parties within the Syrian Arab Republic, to provide
full cooperation with the FFM and UNIMI, and to facilitate
immediate and unfettered, safe and secure access to witnesses,
evidence, reporting, material and sites relevant to the
investigation, in order for the FFM and the UNIMI to
accomplish their mandates, further calls upon all
parties to pause hostilities in the areas in which the FFM and
the UNIMI require access in fulfillment of OP10, to
enable where possible safe access for the FFM and the UNIMI to
such sites, and encourages UNIMI to inform the
Security Council in case they are unable to safely access sites
that they deem necessary for their investigation;
13. Recalls its
decision in paragraph 7 of resolution 2118 that the Syrian Arab
Republic shall cooperate fully with the OPCW and United Nations,
including by complying with their relevant recommendations,
by accepting personnel designated by the OPCW or the United Nations,
by providing for and ensuring the security of activities undertaken
by these personnel, by providing these personnel with immediate and
unfettered access to and the right to inspect, in
discharging their functions, any and all sites, and by allowing
immediate and unfettered access to individuals that the OPCW has
grounds to believe to be of importance for the purpose of
its mandate, and specifically decides that all
parties in the Syrian Arab Republic shall cooperate fully
in that regard;
14. Requests the
Secretary-General to report whether the information and access
described in paragraph 13 of this resolution has been
provided in his reports to the Security Council every 30 days
pursuant to paragraph 12 of resolution 2118.
15. Encourages the
UNIMI where relevant, to consult and cooperate with appropriate
United Nations counter-terrorism and non-proliferation bodies, in
particular the Committee established pursuant to resolution 1540 and
1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee, in
order to exchange information on non-State actors’
perpetration, organization, sponsorship or other involvement in the
use of chemicals as weapons in the Syrian Arab Republic;
16. Requests the
UNIMI to retain any evidence related to possible use of chemical
weapons in the Syrian Arab Republic other than those cases in which
the FFM determines or has determined that a specific incident in the
Syrian Arab Republic involved or likely involved the use of chemicals
as weapons, including chlorine or any other toxic chemical, and to
transmit that evidence to the FFM through Director-General of the
OPCW and to the Secretary-General as soon as practicable;
17. Requests the
UNIMI to submit to the Security Council and the OPCW Executive
Council its first report within 90 days of the date it commences its
full operations, as notified by the United Nations Secretary-General,
as well as subsequent reports on its investigations as appropriate
thereafter;
18. Requests the
Committee established pursuant to Resolution 1540 (2004) to analyze
information on trends in the activities of non-State actors involving
preparations for use and actual use of chemical weapons in Syria and
transmit a report to the Security Council as appropriate;
19. Underlines that
the Security Council will thoroughly assess how to take action
following the UNIMI’s conclusions, and reaffirms in this regard its
decision in response to violations of resolution 2118 to impose
measures under Chapter VII of the United Nations Charter;
20. Decides to
remain actively seized of the matter.
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