Chemical weapons and non-state actors

Abstract

In multiple international fora, the international community has unanimously condemned the use of chemical weapons by anyone in any circumstances as a violation of international law. However, the legal basis for these strong statements is not immediately apparent. This chapter undertakes a review of applicable international legal instruments and sources, including international humanitarian law, the Chemical Weapons Convention and resolutions of the United Nations Security Council and General Assembly, to examine the legal veracity of the statement. The review of these legal instruments and the practice of the international community would appear to lead to a conclusion that any use of chemical weapons by a non-State actor is prohibited as a matter of customary international law.