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 A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...

prohibiting the use of

chemical A chemical substance is a unique form of matter with constant chemical composition and characteristic properties. Chemical substances may take the form of a single element or chemical compounds. If two or more chemical substances can be combin ...

and biological weapons in international armed conflicts. It was signed at

Geneva Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...

on 17 June 1925 and entered into force on 8 February 1928. It was registered in ''

League of Nations The League of Nations (LN or LoN; , SdN) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference (1919–1920), Paris Peace ...

Treaty Series'' on 7 September 1929. The Geneva Protocol is a protocol to the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War signed on the same date, and followed the Hague Conventions of 1899 and 1907. It prohibits the use of "asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices" and "bacteriological methods of warfare". This is now understood to be a general prohibition on chemical weapons and biological weapons between state parties, but has nothing to say about production, storage or transfer. Later treaties did cover these aspects – the 1972

Biological Weapons Convention The Biological Weapons Convention (BWC), or Biological and Toxin Weapons Convention (BTWC), is a disarmament treaty that effectively bans Biological weapons, biological and toxin weapons by prohibiting their development, production, acquisition, ...

(BWC) and the 1993 Chemical Weapons Convention (CWC). 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.Beard, J. (2007). "The Shortcomings of Indeterminacy in Arms Control Regimes: The Case of the Biological Weapons Convention". American Journal of International Law. 101(2): 271–321. do
10.1017/S0002930000030098
p., 277

Negotiation history

In the Hague Conventions of 1899 and 1907, the use of dangerous chemical agents was outlawed. In spite of this, the

First World War World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

saw large-scale chemical warfare.

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

used

tear gas Tear gas, also known as a lachrymatory agent or lachrymator (), sometimes colloquially known as "mace" after the Mace (spray), early commercial self-defense spray, is a chemical weapon that stimulates the nerves of the lacrimal gland in the ey ...

in 1914, but the first large-scale successful deployment of chemical weapons was by the

German Empire The German Empire (),; ; World Book, Inc. ''The World Book dictionary, Volume 1''. World Book, Inc., 2003. p. 572. States that Deutsches Reich translates as "German Realm" and was a former official name of Germany. also referred to as Imperia ...

Ypres Ypres ( ; ; ; ; ) is a Belgian city and municipality in the province of West Flanders. Though the Dutch name is the official one, the city's French name is most commonly used in English. The municipality comprises the city of Ypres/Ieper ...

Belgium Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...

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, with the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...

Austria-Hungary Austria-Hungary, also referred to as the Austro-Hungarian Empire, the Dual Monarchy or the Habsburg Monarchy, was a multi-national constitutional monarchy in Central Europe#Before World War I, Central Europe between 1867 and 1918. A military ...

, the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, and

Italy Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...

joining

and

Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...

in the use of chemical weapons. This resulted in the development of a range of horrific chemicals affecting lungs, skin, or eyes. Some were intended to be lethal on the battlefield, like

hydrogen cyanide Hydrogen cyanide (formerly known as prussic acid) is a chemical compound with the chemical formula, formula HCN and structural formula . It is a highly toxic and flammable liquid that boiling, boils slightly above room temperature, at . HCN is ...

, and efficient methods of deploying agents were invented. At least 124,000 tons were produced during the war. In 1918, about one grenade out of three was filled with dangerous chemical agents. Around 500k-1.3 million casualties of the conflict were attributed to the use of gas, and the psychological effect on troops may have had a much greater effect. A few thousand civilians also became casualties as collateral damage or due to production accidents. The

Treaty of Versailles The Treaty of Versailles was a peace treaty signed on 28 June 1919. As the most important treaty of World War I, it ended the state of war between Germany and most of the Allies of World War I, Allied Powers. It was signed in the Palace ...

included some provisions that banned Germany from either manufacturing or importing chemical weapons. Similar treaties banned the First Austrian Republic, the Kingdom of Bulgaria, and the

Kingdom of Hungary The Kingdom of Hungary was a monarchy in Central Europe that existed for nearly a millennium, from 1000 to 1946 and was a key part of the Habsburg monarchy from 1526-1918. The Principality of Hungary emerged as a Christian kingdom upon the Coro ...

from chemical weapons, all belonging to the losing side, the

Central powers The Central Powers, also known as the Central Empires,; ; , ; were one of the two main coalitions that fought in World War I (1914–1918). It consisted of the German Empire, Austria-Hungary, the Ottoman Empire, and the Kingdom of Bulga ...

. Russian

bolshevik The Bolsheviks, led by Vladimir Lenin, were a radical Faction (political), faction of the Marxist Russian Social Democratic Labour Party (RSDLP) which split with the Mensheviks at the 2nd Congress of the Russian Social Democratic Labour Party, ...

s and Britain continued the use of chemical weapons in the

Russian Civil War The Russian Civil War () was a multi-party civil war in the former Russian Empire sparked by the 1917 overthrowing of the Russian Provisional Government in the October Revolution, as many factions vied to determine Russia's political future. I ...

and possibly in the Middle East in 1920. Three years after World War I, the Allies wanted to reaffirm the Treaty of Versailles, and in 1922 the

introduced the Treaty relating to the Use of Submarines and Noxious Gases in Warfare at the Washington Naval Conference. Four of the war victors, the

, the

Kingdom of Italy The Kingdom of Italy (, ) was a unitary state that existed from 17 March 1861, when Victor Emmanuel II of Kingdom of Sardinia, Sardinia was proclamation of the Kingdom of Italy, proclaimed King of Italy, until 10 June 1946, when the monarchy wa ...

and the

Empire of Japan The Empire of Japan, also known as the Japanese Empire or Imperial Japan, was the Japanese nation state that existed from the Meiji Restoration on January 3, 1868, until the Constitution of Japan took effect on May 3, 1947. From Japan–Kor ...

, gave consent for

ratification Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usuall ...

, but it failed to enter into force as the

French Third Republic The French Third Republic (, sometimes written as ) was the system of government adopted in France from 4 September 1870, when the Second French Empire collapsed during the Franco-Prussian War, until 10 July 1940, after the Fall of France durin ...

objected to the

submarine A submarine (often shortened to sub) is a watercraft capable of independent operation underwater. (It differs from a submersible, which has more limited underwater capability.) The term "submarine" is also sometimes used historically or infor ...

provisions of the treaty. 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 The Second Polish Republic, at the time officially known as the Republic of Poland, was a country in Central and Eastern Europe that existed between 7 October 1918 and 6 October 1939. The state was established in the final stage of World War I ...

suggested the addition of bacteriological weapons. It was signed on 17 June.

Historical assessment

Eric Croddy, assessing the Protocol in 2005, took the view that the historic record showed it had been largely ineffectual. Specifically it does not prohibit: * use against not-ratifying parties * retaliation using such weapons, so effectively making it a no-first-use agreement * use within a state's own borders in a civil conflict * research and development of such weapons, or stockpiling them In light of these shortcomings, Jack Beard notes that "the Protocol (...) resulted in a legal framework that allowed states to conduct iological weaponsresearch, develop new biological weapons, and ultimately engage in iological weaponsarms races". As such, the use of chemical weapons inside the nation's own territory against its citizens or subjects employed by

Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...

in the Rif War until 1927, Japan against Seediq indigenous rebels in

Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...

(then part of the Japanese colonial empire) in 1930 during the Musha Incident, Iraq against ethnic Kurdish civilians in the 1988 attack on Halabja during the Iran–Iraq War, and

Syria Syria, officially the Syrian Arab Republic, is a country in West Asia located in the Eastern Mediterranean and the Levant. It borders the Mediterranean Sea to the west, Turkey to Syria–Turkey border, the north, Iraq to Iraq–Syria border, t ...

or Syrian opposition forces during the Syrian civil war. Despite the U.S. having been a proponent of the protocol, the U.S. military and

American Chemical Society The American Chemical Society (ACS) is a scientific society based in the United States that supports scientific inquiry in the field of chemistry. Founded in 1876 at New York University, the ACS currently has more than 155,000 members at all ...

lobbied against it, causing the U.S. Senate not to ratify the protocol until 1975, the same year when the United States ratified the

Violations

Several state parties have deployed chemical weapons for combat in spite of the treaty.

used mustard gas against the

Ethiopian Empire The Ethiopian Empire, historically known as Abyssinia or simply Ethiopia, was a sovereign state that encompassed the present-day territories of Ethiopia and Eritrea. It existed from the establishment of the Solomonic dynasty by Yekuno Amlak a ...

in the

Second Italo-Ethiopian War The Second Italo-Ethiopian War, also referred to as the Second Italo-Abyssinian War, was a war of aggression waged by Fascist Italy, Italy against Ethiopian Empire, Ethiopia, which lasted from October 1935 to February 1937. In Ethiopia it is oft ...

. In

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

, Germany employed chemical weapons in combat on several occasions along the

Black Sea The Black Sea is a marginal sea, marginal Mediterranean sea (oceanography), mediterranean sea lying between Europe and Asia, east of the Balkans, south of the East European Plain, west of the Caucasus, and north of Anatolia. It is bound ...

, notably in Sevastopol, where they used toxic smoke to force Soviet resistance fighters out of caverns below the city. They also used asphyxiating gas in the catacombs of

Odesa Odesa, also spelled Odessa, is the third most populous List of cities in Ukraine, city and List of hromadas of Ukraine, municipality in Ukraine and a major seaport and transport hub located in the south-west of the country, on the northwestern ...

in November 1941, following their capture of the city, and in late May 1942 during the Battle of the Kerch Peninsula in eastern

Crimea Crimea ( ) is a peninsula in Eastern Europe, on the northern coast of the Black Sea, almost entirely surrounded by the Black Sea and the smaller Sea of Azov. The Isthmus of Perekop connects the peninsula to Kherson Oblast in mainland Ukrain ...

, perpetrated by the Wehrmacht's Chemical Forces and organized by a special detail of SS troops with the help of a field engineer battalion. After the battle in mid-May 1942, the Germans gassed and killed almost 3,000 of the besieged and non-evacuated

Red Army The Workers' and Peasants' Red Army, often shortened to the Red Army, was the army and air force of the Russian Soviet Republic and, from 1922, the Soviet Union. The army was established in January 1918 by a decree of the Council of People ...

soldiers and Soviet civilians hiding in a series of caves and tunnels in the nearby Adzhimushkay quarry. During the 1980-1988 Iran-Iraq War, Iraq is known to have employed a variety of chemical weapons against Iranian forces. Some 100,000 Iranian troops were casualties of Iraqi chemical weapons during the war.

Subsequent interpretation of the protocol

In 1966,

United Nations General Assembly resolution A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the United Nations General Assembly, General Assembly. General Assembly resolutions usually require a simple majority ...

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 recognized 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

, and defoliants and herbicides, such as

Agent Orange Agent Orange is a chemical herbicide and defoliant, one of the tactical uses of Rainbow Herbicides. It was used by the U.S. military as part of its herbicidal warfare program, Operation Ranch Hand, during the Vietnam War from 1962 to 1971. T ...

, in warfare. 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 a 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 had been interpreted to cover non-international armed conflicts as well international ones. In 1995, an appellate chamber in the

International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...

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. However, such views drew general criticism from legal authors. They noted that much of the chemical arms control agreements stems from the context of ''international'' conflicts. Furthermore, the application of customary international law to banning chemical warfare in non-international conflicts fails to meet two requirements: state practice and ''opinio juris''. Jillian Blake & Aqsa Mahmud cited the periodic use of chemical weapons in non-international conflicts since the end of WWI (as stated above) as well as the lack of existing

international humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit ...

(such as the

Geneva Conventions upright=1.15, The original document in single pages, 1864 The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...

) and national legislation and manuals prohibiting using them in such conflicts. Anne Lorenzat stated the 2005 ICRC study was rooted in "'political and operational issues rather than legal ones".

State parties

To become party to the Protocol, states must deposit an instrument with the government of

(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 April 2021, 146 states have ratified, acceded to, or succeeded to the Protocol, most recently Colombia on 24 November 2015.

Reservations

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/or 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 Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...

, 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. Subsequently, numerous states have withdrawn their reservations, including the former

Czechoslovakia Czechoslovakia ( ; Czech language, Czech and , ''Česko-Slovensko'') was a landlocked country in Central Europe, created in 1918, when it declared its independence from Austria-Hungary. In 1938, after the Munich Agreement, the Sudetenland beca ...

in 1990 prior to its dissolution, or the Russian reservation on biological weapons that "preserved the right to retaliate in kind if attacked" with them, which was dissolved by President Yeltsin. 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. ;Reservations ;Notes

Non-signatory states

The remaining UN member states and UN observers that have not acceded or succeeded to the Protocol are: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Chemical weapons prohibitions

References

External links