Two years ago today, the tragic use of poison gas by terrorists on
a crowded Tokyo subway killed 12 and injured thousands. The Chemical
Weapons Convention will make it more difficult for terrorists to acquire
chemical weapons and significantly improve the ability of law enforcement
authorities to investigate and prosecute chemical terrorists before they
act.
Attorney General Janet Reno said recently, “...[The Chemical Weapons
Convention] is a tool that will have an effect on law enforcement here
at home. Terrorists today will use whatever weapons they can get their
hands on.... We can never eliminate such a threat, but we can make it
harder for terrorists to threaten us -- and save lives in the process.”
Benefits of the treaty and its proposed implementing legislation against
terrorism include:
Investigation. By providing law enforcement
officials and prosecutors an actionable legal basis for investigating
the development, production, transfer or acquisition of chemical weapons,
the CWC implementing legislation improves prospects for detection, early
prosecution, and possibly even prevention of chemical terrorism in the
United States.
Prosecution. Possession alone of a chemical weapon, whether or not
it is intended to be used, would be prohibited under the Convention and
the CWC implementing legislation, thus providing a sufficient basis for
prosecution. Currently prosecutors must rely on laws intended for other
purposes.
Penalties. Anyone who knowingly engages in prohibited chemical
weapons-related activities, not just their actual use, could be
subject to the maximum punishment of life in prison. Under current
law, equivalent penalties require proof of use or an attempt, conspiracy
or threat to use a weapon of mass destruction.
Trade Controls. Existing trade control laws and regulations would be
supplemented by strict controls on the import and export of chemicals
posing the greatest risk. The production, acquisition, retention,
transfer and use of such chemicals within the United States would also
be regulated.
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President Clinton:
“This tragic anniversary also reminds us that we must do everything
possible to protect Americans from the threat of a similar terrorist
outrage. That includes ratifying the Chemical Weapons Convention -- a
step that Japan’s Diet took within a month of the attack in Tokyo....
We still have not ratified. It would be harmful to our national
interests if the United States, which led the way in developing this
Treaty, was on the outside not the inside, when it comes into operation
on April 29.
“The Chemical Weapons Convention will help to thwart chemical
terrorists in several important ways. It will eliminate their largest
potential source of chemical weapons by mandating the destruction of
existing chemical weapon stockpiles. It will make it more difficult
for terrorists to gain access to chemicals that can be used to make
chemical weapons. It will tie the United States into a global
intelligence and information network that can help provide early warning
of terrorist plans for a chemical attack. It will give our law
enforcement new authority at home to investigate and prosecute anyone
seeking to acquire chemical weapons or to use them against innocent
civilians.” |
Emergency Authority. Law enforcement officials would have the authority to
seize and destroy a chemical weapon when harm is imminent or likely, while at the same
time protecting the constitutional rights of property owners. This provides additional
authority to prevent a potential catastrophe and save lives.
Public Awareness. Tips by concerned citizens are the lifeblood of successful police
investigations. Reporting and inspection requirements will ensure that private companies
and concerned citizens are more alert to and more likely to report any suspected chemical
weapons-related activities. |
