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In Geneva, State Parties Are Calling for New Biological Weapon Verification Mechanisms

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Between Kanye and Elon Musk breaking the internet, the SBF interviews and a right Royal drama unfolding at the palace, you’d be forgiven for not noticing that one of the more important gatherings of international experts and state signatories of the year has been taking place in Geneva, Switzerland under the auspices of the United Nations.

Goings-on there have been utterly fascinating and equal in controversy and disinformation claims to any of the above. And yet, nobody in the mainstream seems to be reporting on them.

We are, of course, talking about the 9th BWC Review Conference of the Biological Weapons Convention (BWC). The meeting, which was originally supposed to happen in 2021 but was postponed because of Covid, began on Monday November 28 and continues on until December 16.

I reported on the last inter-sessional gathering when it occurred in August 2021 while still at the Financial Times. At the time the main controversy stalking the meeting was the issue of Covid’s origins. Bioweapons experts like King’s College London’s Filippa Lentzos, however, warned that even if the issue was front and centre of participants’ minds, diplomatic sensitivities would ensure scant reference to the “lab-leak theory” during formal proceedings.

At this year’s review meeting, however, diplomacy seems to have gone out of the window. All pretences have been abandoned. The topic driving everyone crazy, however, isn’t continuing uncertainty about Covid’s origins and potential linkage to gain-of-function technology. It’s Russia’s ongoing insistence that US-funded biolabs in Ukraine have been engaged in potentially treaty-violating dual-use activity, something both the United States and Ukraine deny and claim is strategic disinformation from the Russian side.

Veteran meeting watcher Richard Guthrie of CBW Events has been tracking events as he always does. As his report of the second day’s proceedings noted (our emphasis):

The statement by Ukraine included comments on the military situation there. Four points of order were raised by Russia during this statement, each time with the claim that issues being raised were outside of the remit of the BWC. In response, each time, the President of the Review Conference, Ambassador Leonardo Bencini of Italy, ruled that he wanted to give delegates some flexibility and allow them to develop their arguments to show why what they were raising was relevant to the BWC. At the end of the national statements, the USA used its right of reply to highlight that senior Russian political figures had made remarks claiming to justify the military action because of supposed evidence of components of biological weapons being made in Ukraine. This, the US argued, meant the invasion was relevant to the BWC. In reply, Russia argued that the West was trying to avoid awkward questions about military-sponsored research in Ukraine.The statements by international bodies ran smoothly until NATO spoke of Russian disinformation in relation to Ukraine. Russia raised points of order claiming the rules of procedure did not allow for oral statements from observer organizations. In view of the late hour, the President suggested suspending the meeting to return to this question in the morning. The NATO statement was thus partially presented.

You can listen to the full recorded sessions here.

On Thursday, however, things got even more heated.

The gist of proceedings followed in a similar vein with Russia reasserting its claims that Ukraine was in breach of Article I of the convention. But Russian representatives also went on to argue that it was time to apply greater verification and cross-inspection powers to the convention.

Russia’s full statement and version of events can be read here.

America, Ukraine, Britain, Canada and Australia have largely defended the conclusions of the consultative committee meeting, which occurred in September 2022 on Russia’s request, and concluded that the current system focused on confidence-building measures was sufficient. But even they are now edging towards supporting a more formal verification mechanism to add trust. It’s a big development. Especially for the US.

The BWC is distinct from other international weapons conventions, such as those governing chemical and nuclear use, because it has always lacked any formal mechanism for enforcing verification and inspection of biological research.

Andy Weber, assistant secretary of defense for nuclear, chemical and biological defence programmes under President Barack Obama, previously told me: “There was an effort in the late 1990s, early 2000s, to add a verification provision based on the success of the Chemical Weapons Convention, which has very good verification and inspection capabilities . . . but that was blocked, mostly by the United States.”

At issue for the US was the fact that when mutual inspections between Russia, Britain and the United States took place in the 1990s – led among others on the UK side by the late David Kelly – the Russian side had insisted on visiting the private facilities of Pfizer. Pfizer conceded to the inspection following pressure from Bill Clinton to do so, but was appalled in the aftermath of the visit by Russia’s twisted account of what they had seen there. The US has since bowed to commercial considerations on the matter of inspections.

Members continue to be divided about how best to apply verification protocols. But the build-up of ever more grandiose claims from Russia is finally exposing the weaknesses of a system that lacks any protocol without verification or inspection.

Among the explosive allegations in Russia’s statement were the following (my emphasis):

In addition, on March 9, 2022, on the territory of the Kherson region, the Armed Forces of the Russian Federation discovered three unmanned aerial vehicles equipped with 30liter containers and equipment which can be used to spray bioagents. In late April 2022, 10 more of the same were found in the area of Kakhovka. These facts are of particular importance considering a confirmed request from the Ukrainian side to the Bayraktar UAV manufacturer about the maximum payload of Bayraktar Akinci UAVs (flight range up to 300 km) and the ability to equip it with an aerosol generating system with a 20+ liters capacity.

The information obtained from various sources reaffirm the leading role of Pentagon’s Threat Reduction Agency (TRA), as well as other American private companies that are regular contractors of the US military, including
Black & Veatch Special Projects Corp., CH2M Hill, Metabiota, in funding the military and biological activity in Ukraine.


Such assessments are additionally confirmed by the analytical reports of the Kherson Department of the Security Service of Ukraine dated 30 June 2016 and 28 February 2017. It is indicated therein that the DTRA programs implemented through Black & Veatch Special Projects Corp. were intended to establish control over the functioning of microbiological laboratories in Ukraine conducting research on pathogens of infectious diseases that can be used to create or modernize biological weapons.

Canada, Australia and Ukraine continue to insist all of the above is strategic Russian “disinformation”.

Ukraine’s own statement went even further by suggesting the purpose of Russian biological weapons disinfo may be to mask a potential Russian “false flag” operation of its own (my emphasis):

I would like to thank all delegations who called the Russian bluff about nonexisting biological weapons laboratories in Ukraine. Indeed, these allegations were rejected by the overwhelming majority of States that participated in the Formal Consultative Meeting held under BWC Article V in September. Later the same allegations were rejected by the UN Security Council. Ukraine agrees with a need to work out effective measures in order to prevent abuses of the mechanism of summoning of formal consultative meetings under the Article V of the Convention.

However, we have very serious reasons to be worried about the real Russian goals behind these false allegations. Russia proved to be very unscrupulous in its criminal methods. From our experience of dealing with Russia, when they accuse their neighbors of some wrongdoings, it is almost certain that they are preparing the grounds for some very serious provocations. In this case, it could be provocations with the use of biological materiel under a “false flag”.

This is why the international community has to be vigilant and well prepared. We all know that Russia inherited from the Soviet Union a lot of bio-medical research and development facilities, which were used to develop the biological weapons. However, we know nothing about whether these facilities are not used for the purposes inconsistent with the provisions of the Biological Weapons Convention. We also know nothing about the situation with the biomedical facilities on the territory of Ukraine, temporarily occupied by Russia, including in Crimea.

Therefore, we request Russia to provide full and unconditional access to all these facilities for international inspections for the purposes of verification of compliance.

At the same time, I would also like to express hope that our Review Conference could consider alternative measures to this effect in case Russia quite predictably refuses to cooperate on these serious matters.

Ukraine’s statement also outlined that Russia’s targeting of Ukrainian power and utility structures is putting the biosafety and biosecurity of its medical facilities under further threat:
If a Russian rocket destroys one of our medical facilities that uses vaccines or explores pathogens,or if such a facility is affected by longterm energy blackouts, the consequences can be very dangerous for the people and the environment. On the other hand, the constant Russian shelling is also leading to disintegration of cattle burial sites and increasing the risks of circulation of dangerous pathogens and outbreaks of infectious diseases.
But the biggest news of the convention really is America’s subtly shifting stance on verification. In its formal statement, the US finally conceded that a need to “explore what measures — yes, including possible verification measures — might be effective in today’s context”.
In its right of reply, US representatives, however, continued to question Russia’s motivations for calling the previous consultation meeting. According to the US, Russia operated in bad faith from the beginning, having pre-determined that neither Ukraine nor the US would answer questions regarding the activities of biolabs in Ukraine before either had even had a chance to begin their joint presentation. The US also pointed out there was a contradiction in Russia claiming that the Ukraine war was irrelevant to BWC proceedings when it was simultaneously asserting that fears of illicit biolab activity in Ukraine had justified the “special military operation” that had initiated the Ukraine Russian war.
But progress toward a verification mechanism is far-reaching. The so-called non-aligned grouping of countries, among them Cuba, are also calling for similar measures. As Cuba’s official statement noted:
It is unjustifiable that 50 years after its approval, the Convention continues to lack a mechanism to verify compliance.
It added:
We do not agree with those who affirm that the current geopolitical context does not allow strengthening the Convention by adopting said Protocol. On the contrary, its urgent need is clearer today than ever. The status quo is unacceptable and only benefits those whooppose the strengthening of the multilateral disarmament system.
The Verification Protocol negotiations cannot start from scratch, ignoring the significant progress achieved during 10 years of intense and serious work, interrupted abruptly and unilaterally by the United States in 2001, when the text of the Protocol was practically ready for formal adoption.
Guthrie’s summation of Thursday’s events captured the change of mood regarding verification (my emphasis):
A large number of statements suggested that the BWC would be significantly strengthened if it had some form of compliance measures. Some statements highlighted the US withdrawal from the negotiations for a protocol that had been taking place in the Ad Hoc Group and called specifically for a return to the protocol negotiations. These were
consistent with similar statements made over the years. But there were many statements with a somewhat changed tone, including a number of Western states calling for formal compliance measures who had been much more muted in the past when they were aware the US would have opposed progress in this area. There were numerous expressions of support for the temporary expert working group proposal in the Canada/Netherlands
working paper. The US statement referred to the need for a better understanding of what was required for an effective understanding of compliance and, for the first time in many Review Conferences, used the term ‘verification measures’ in a positive context.

These are some of the most significant developments for the BWC in decades, a body that usually operates at a snail’s pace.

How a verification and inspection mechanism would work is far from decided. But some suggest the Kazakhstan-proposed International Agency for Biological Safety (IASB) could be a key part of the solution. Whether anything can be determined — and funded — in time to make a difference in the Russian/Ukraine war remains uncertain. But this is clearly the best chance yet for a Hans Blix-style delegation to determine the truth of what’s going on in Ukraine and Russia.  And if it works in Ukraine and Russia, who knows, it might also work in China and elsewhere too.

Related links:

Further Reading/Notes

The below is a small compilation of comments made by state parties in Thursday’s live session. Points of interest have been highlighted. The transcript is automated and has errors. The accompanying recording is available here.

Comments from the Russian Federation

I thank you Madam Chair thank you Russian Federation.
Well, distinguished Madam Chair. During comprehensive consideration of the Articles of the Convention, we would like to note some of the chief moments regarding Article 5 of the BWC this year, as we said before, Russia received evidence shedding light on the genuine nature of interaction between the Pentagon and its contractors with the Ukrainians in the military biological sphere. Violation of Article 1 and 4 of the BWC, and we have set out in detail the gist of our concerns regarding the glaring facts of unscrupulous military biological activities of Washington and  Kiev. In June 22, Russia, through the mediation of the ISU to the BWC took making a term through bilateral consultation process to receive from US and Ukraine exhaustive responses to the questions put by Russia regarding implementation by the provisions of Articles 1 and 4 of the Convention. The Russian document with detailed description of those questions and necessary auxiliary material can be found on the BWC portal. You can all study it. HoweverWashington and Kiev did not provide any due clarifications nor take any measures to rectify the situation.

In that regard, on 26 August and 5th and 9th of September this year at the initiative of the Russian Federation we convened an official consultative meeting of States parties to the Convention under Article Five, regarding issues pertaining to compliance by Kiev and Washington with their commitments under the Convention in the context of the activities of biolaboratories in Ukrainian territory. Russia worked on the basis that a consultative meeting would allow interested delegations with the support of their experts to understand in full the situation, exchange opinions, views, ask professional questions and received detailed responses being the most important thing during the meeting. Russia took all necessary steps to present in detail the material and arguments so as to ensure that the consultative meeting could achieve its goals and settle the situation linked to the military bioilogical activities in Ukraine.

However, pursuant to the exchange of opinions between States parties, the Russian Federation noted that the vast majority of the questions put forward by it were not answered, as the outcome report of the consultative meeting states there was no consensus reached, they contained those questions remain outstanding and need to be settled.  In that regard what is needed is further efforts in the forum of the Convention to resolve this situation. What we need are additional measures at least holding additional consultations in order to mitigate existing concerns and questions regarding the activities of the biolabs in Ukraine.

Steps need to be taken to establish all facts connected to violations by Kiev and Washington of their commitments under the Convention. Until the questions we put are mitigated or addressed they will remain open on the platform of the Convention and will undermine its implementation. Russia attaches great importance to CBMs under the Convention. Since the introduction of CBMs of 1987, our country has participated annually in exchange of such information. What is more Russia announcements include additional information provided at our own initiative, which goes beyond just the CBM criteria stipulated. In the absence of an oversight mechanism whose development we support CBMs are the only agreed instrument for raising confidence in the transparency of activities linked to the Convention. Moreover we stress our conviction that they cannot be viewed as a substitute for a verification mechanism on implementation of commitments under the BWC or be a means for assessment of compliance with the BWC, by any state. Therefore Russia proposes complementing CBMs with a new formula: military medical biological activities carried out by States parties in the territory of other States. What is more, we think it is necessary to improve the formula for announcing facilities for production of vaccines by providing data on such facilities for producing vaccines for the protection of animals. 

Such a working document has been represented for your consideration, you can study these texts on the BWC Internet Portal, I thank you, now I would like to give the floor to Cuba, followed by the United Kingdom.

Cuba

Madam Chair, Cuba is in favor of holding consultations and cooperation between States parties to resolve problems that emerge with respect to the goals of the Convention or the application of its provisions as established in Article 5 of the Convention.
At the same time, we recognize that consultations under Article 5 have proven to be insufficient and ineffective as a mechanism of dispute settlement between States parties to the Convention, including with respect to cases where specific states have alleged violations of the Convention committed by other States. Cuba believes that any allegation or claim of possible biological activities for nonpeaceful purposes should be deemed as grave and should be addressed in order to prevent irreparable damage. No report on noncompliance of the Convention should be taken lightly. In 1997 for the first time in the history of the Convention there was convocation of consultations mechanism established under Article 5. It was done by Cuba. To report on the United States for using the polar flag of the Insects to harm crops in the western part of our country. In 97 Cuba presented in transparent fashion multiple evidence proving to back up our claim and requested a comprehensive investigation into the facts.
Regrettably the United States opposed such an investigation. Given the impossibility to issue definitive conclusions due to the technical nature of the case, the final report of that consultative meeting convened by Cuba, recognized the need to adopt as soon as possible a protocol to bolster effectively the Convention. As we all know recently the mechanism for consultations provided for under Article 5 was convened in that case in this event by the Russian Federation.
In the opinion of Cuba, consultations held on that occasion highlighted once more the limits and shortcomings of the mechanism provided for under Article 5.
We believe that consultations provided for under that article alone are not sufficient to provide a resolution to problems presented with regards to implementation of the Convention. There can be no justification that 50 years after opening the signature of the Convention, that the Convention still lacks a proper verification mechanism, unlike what is happening with instruments referring to nuclear and chemical weapons, there is a clear need to give this Convention urgently a legally binding protocol that would ensure verification. I would like to conclude by saying that consistent with the position of the NonAligned Movement and our national position, Cuba circulated yesterday a detailed proposal for this Rev Con to approve a clear mandate that would help restart during intercessional period consultations and negotiations on a verification protocol that was suspended in 2001 due to the position of one State party, thank you.
So now I will now give the floor to UK followed by Germany Japan Canada and Brazil. Thank you, Chair.

United Kingdom

The United Kingdom reiterates its full support for the additional understandings reached by States parties at previous review conferences which set out how the consultation and cooperation mechanisms envisaged under article 5 should operate.
In its role as a depository government of the Convention, in July 2022, the United Kingdom chaired the informal meeting to discuss the arrangements for the formal consultative meeting convened pursuant to a request made by the Russian Federation under Article 5. The United Kingdom considers that the article five process offered a sufficient opportunity for all sides to present their views on the allegations made and that while the meeting did not reach consensus on the substance of those allegations the matter is now concluded according to procedure.
The United Kingdom reaffirms its view that this Review Conference should express its support for efforts to increase the numbers of submitted returns of confidencebuilding measures for actions that assist States parties in meeting confidencebuilding measures requirements and for efforts to improve the quality of information provided within confidencebuilding measures.
Thank you, Chair. Thank you,

Canada

Thank you very much, Madam Chair.
We are indeed concerned about the disinformation activities targeting threat reduction measures by global partnership members in Ukraine during the past months.
And at this review conference we have seen repeated attempts by the Russian Federation to manipulate the BWC in an effort to justify its unjustifiable invasion of Ukraine.

Canada
is pleased that Russia’s blatantly false narrative was soundly rejected at the article five consultations in September and that the invocation of Article six was rebuffed.
We are worried about the impacts of Russia’s disinformation on the integrity of the Convention and cooperation under article 10 and referred to our statement given during the Article 5 consultations in September for further details, we propose to address this issue in respect of Article 5 in the final report, by including the language adopted at UNGA First Committee in the BWC resolution sponsored by Hungary as was proposed by the United States thank you very much Madam Chair.

Ukraine

Madam Chair, distinguished delegates, as many delegations mentioned in the September, as well as in the course of this review conference, the basis for the Russian side to convene official consultative meetings was substantiated and actually abuses the provision of the Convention

Mainly it is Article 4 and 5. The Ukrainian side is deeply pleased that the overwhelming majority of the delegations except few found our presentation fully informative, accurate and persuasive and our approach, transparent and constructive, allowing to even reinforce their convictions and our strict adherence to the BWC provisions, including its articles 1, 4 and 10, and the exclusively peaceful nature of our relevant cooperation with the United States and other international partners. We are glad that we have been heard by the BWC community.

I can say that for many in this room, it has become very obvious that the real purpose of the Russian Federation when in walk Article 5 of the Convention, namely to justify its fullscale war aggression against Ukraine, was to divert attention from the numerous military crimes being committed by it against the Ukrainian people, as well as from circumvention by itself of the provision of the Convention.

The Russian prejudices and arrogant attitude was obvious from the very beginning and has been noted by many. Russia acts in bad faith, anyway, these consultations have given us a lesson.
A lesson that in course of this review conference, we have to find out a mechanism, including proper language, for the final document allowing to effectively confront in future further attempts to misuse Article 4 and 5 of the Convention in the BTWC, in particular during the next intersessional period, if we are talking about the possible verification measures, we have to direct our efforts to learn and to be able to differentiate at the early stage between fakes and disinformation on one hand and a real data on the other hand, and before any official meeting in accordance with Article 5 is convened. We cannot allow ourselves to be wasteful, we have to direct our resources and there was only four wellrounded purposes, for the sake of our Convention for the sake of its viability and integrity, I thank you.

United States

Thank you, Madam Chair.
Article 4 puts the Convention’s provisions into practice and ensures that States parties implement necessary national measures to uphold Article 1 of the Convention. While it is up to each State party to implement and while there is no one size fits all recipe there is an opportunity for states parties to learn from one another. We believe the national measures that one state party has enacted may be useful for others considering how to implement the convention in their country or proposals focus on five areas.
Robust national implementation of article 4 ensures that no one on a state’s party’s territory develops produces stockpiles acquires uses or retains biological weapons. This includes terrace and non state actors.
My delegation proposes language to explicitly recognize that preventing nonstate actors from harnessing biological weapons is important. We further propose that the Conference recognize that the BWC and the UN Security Council resolution 1540 are mutually reinforcing. We stress the importance of full and effective implementation of article 1540. Many BWC States parties are enacting laboratory biosafety and biosecurity measures these measures are a key element of national implementation.
My delegation believes that this conference should recognize the need to strengthen biosafety and biosecurity around the world and create the tools and resources to do so. Working paper number 29 submitted by Canada Germany Mexico and the United States proposes possible language from the final document in this area we are also pleased to cosponsor working paper number 36 along with thirteen other States parties and are ready to work with other countries interested in this topic.
Ensuring beneficial work in biotechnology is safe, secure and sustainable is now more urgent than ever. There is always room to improve national implementation of the BWC and for States parties to learn from one another.
To this end the Conference could call upon States parties to regularly review, update and share their national implementation measures and to establish a national authority to enable such information sharing. There are also many aspects of  the BWC and each State party should not have to reinvent the wheel, that is why the United States is funding UNIDIR to develop a userfriendly, comprehensive and accessible online platform containing organized, searchable and publicly available information about national implementation measures taken by States parties.
The United States hopes this electronic platform will become a repository for best approaches to national implementation and will be available to all States parties and organizations interested in promoting the implementation of the Convention. To enable States parties to adapt implementation measures to their own situation, the Conference should not only recognize the ongoing capacity building in this area but encourage more organized and more institutional support for States parties seeking to strengthen their national implementation.
Voluntary initiatives of States parties to strengthen the national limitation to demonstrate transparency and to enhance the assurance of compliance is another important form of consultation; the implementation review initiative conducted by Canada, Chile, Ghana, Mexico and the United States in 2016 accomplished this goal by closely examining and documenting national recommendations to voluntary national reports, we believe the Conference should welcome and encourage voluntary initiatives like these.
As well as encourage States parties to share information on such initiatives with a view to being transparent and promoting confidence. The United States supports the language proposed by France and eleven other States parties to create an exchange platform for voluntary initiatives.
Finally, the United States supports language in the final document that recognizes the importance of gender mainstreaming within the Convention.

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