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Russian Federation
Practice Relating to Rule 74. Chemical Weapons
The Russian Federation’s Military Manual (1990) prohibits the use of “projectiles used with the only purpose to spread asphyxiating or poisonous gases … asphyxiating, poisonous or other similar gases and bacteriological means”.
Russian Federation, Instructions on the Application of the Rules of International Humanitarian Law by the Armed Forces of the USSR, Appendix to Order of the USSR Defence Minister No. 75, 1990, § 6(b) and (e).
The Russian Federation’s Regulations on the Application of IHL (2001) states: “The following shall be prohibited to use in the course of combat operations: … chemical weapons including chemicals as well as projectiles for their use.”
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 9.
Under the Russian Federation’s Criminal Code (1996), the “use of weapons of mass destruction, prohibited by an international treaty to which the Russian Federation is a party” is a crime against the peace and security of mankind.
Russian Federation, Criminal Code, 1996, Article 356(2).
Use of chemical weapons by the Russian Federation was alleged during the two conflicts in Chechnya in 1994–1996
ITAR-TASS from Moscow, 14 December 1994, as translated from the Russian in FBIS-SOV-94-241, 15 December 1994, p. 38; Oleh Kruk for UNIAN (Kiev), 21 December 1994, as translated from the Ukrainian in FBIS-SOV-94-246, 22 December 1994, pp. 25–26; Ekho Moskvy radio (Moscow), 22 July 1996, as translated from the Russian in BBC-SWB, Part 1, EE/D2672/B, 24 July 1996.
and in 1999. “Chechen envoy says Russia used chemical arms”, Reuter, Istanbul, 9 December 1999; Representative Office of the Chechen Republic of Ichkeria in Azerbaijan, Press Release, “Chechen office in Azerbaijan reports Russia’s use of chemical weapons”, Baku, 8 December 1999, as in BBC-SWB, 8 December 1999; (For example: Chechens charge Russian troops used chemical arms in Grozny, AFP, Geneva, 8 December 1999; Ian Bruce, “Illegal chemical weapon onslaught to flatten city”, Herald, Glasgow, 8 December 1999, p. 13; Opening statement by the Director-General to the Eighteenth Session of the Executive Council, 15 February 2000, via Organisation for the Prohibition of Chemical Weapons website as of 22 February 2000; Oleg Stulov, “Chemical spill in Chechnya: was it Maskhadov who spilled something extremely toxic in Chechnya?”, Kommersant-daily, Moscow, 11 December 1999, p. 3; “Pro-Chechen web site reports chemical attack on capital”, Kavkaz-Tsentr website, 11 December 1999, as translated from the Russian in BBC-SWB, 11 December 1999; “Chechen web site reports Russians preparing to use chemical weapons”, Kavkaz-Tsentr website, 23 December 1999, as translated from the Russian in BBC-SWB, 23 December 1999; “Pro-Chechen web site says Russians sprayed gas over Chechen positions”, Kavkaz-Tsentr website, 30 December 1999, as translated from the Russian in BBC-SWB, 31 December 1999; “Pro-Chechen web site reports Russians using napalm, chemical weapons”, Kavkaz-Tsentr website, 31 December 1999, as translated from the Russian in BBC-SWB, 31 December 1999; “Pro-Chechen web site says about 180 Russians killed in capital”, Kavkaz-Tsentr website, 8 January 2000, as translated from the Russian in BBC-SWB, 8 January 2000; “Chechens report fierce fighting for capital, Russians using chemical weapons”, Kavkaz-Tsentr website, 18 January 2000, as translated from the Russian in BBC-SWB, 18 January 2000.
These allegations were, however, categorically denied by Russian officials.
ITAR-TASS from Moscow, 15 December 1994, as in FBIS- SOV-94-241, 15 December 1994, pp. 40–41; Anatoliy Yurkin from Moscow for ITAR-TASS world service (Moscow), 23 July 1996, as translated from the Russian in BBC-SWB, Part 1, EE/D2672/B, 24 July 1996; “Rebels claim victory over Russians in southwestern village of Bamut”, Radio Russia, Moscow, 24 July 1996, as reported in BBC-SWB, 25 July 1996; “Russian Defence Ministry denies using chemical weapons in Chechnya”, ITAR-TASS, Moscow, 9 December 1999, as in BBC-SWB, 9 December 1999; “Claims that Russia uses chemical weapons in Chechnya lies”, ITAR-TASS, Moscow, 10 December 1999; Russian Federation, Statement of the official representative of the Foreign Ministry of the Russian Federation, 10 December 1999, Diplomaticheskii vestnik, No. 1, January 2000.
At the First Conference of States Parties to the Chemical Weapons Convention in 1997, the Russian Federation stated that, although it had not yet ratified the 1993 Chemical Weapons Convention, it “intends to refrain from any action that would deprive the Convention of its object and purpose”. It further stated:
After we signed the Convention we have been honouring and will continue to honour the commitments regarding the non-development and non-production of chemical weapons; their non-transfer, directly or indirectly, to anyone; the non-use of chemical weapons; the renunciation of engaging in any military preparations to use them, of providing assistance, encouraging or inducing in any way, anyone to engage in any activity prohibited by the convention.
Russian Federation, Statement at the First Conference of States Parties to the Chemical Weapons Convention, The Hague, 6–23 May 1997.
