Practice Relating to Rule 74. Chemical Weapons
Malaysia’s Chemical Weapons Convention Act (2005), as amended to 2006, states:
No person shall–
(a) develop, produce, acquire, stockpile or retain any chemical weapon;
(b) transfer, directly or indirectly, any chemical weapon to another person;
(c) have in his possession, custody or control any chemical weapon;
(d) use any chemical weapon;
(e) engage in any unlawful military preparations to use a chemical weapon; or
(f) assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a state party under the [1993 Chemical Weapons] Convention.
The Act also states:
20. Any person may, subject to the provisions of this act, develop, produce, acquire, retain, transfer, possess or use toxic chemicals as listed in Schedules 1, 2 and 3 [of the Chemical Weapons Conventions] for purposes not prohibited under the Convention.
Prohibition and exceptions
21. (1) subject to the provisions of this Chapter, no person shall produce, acquire, retain, transfer or use toxic chemicals listed under Schedule 1 unless–
(a) such production, acquisition, retention, transfer or use is for research, medical, pharmaceutical or protective purposes;
(b) the types and quantities of the toxic chemicals are strictly limited to those which can be justified for such purposes;
(c) the aggregate amount of such chemicals at any given time for such purposes is equal to or less than ten kilogrammes for each facility in a calendar year; and
(d) such production, acquisition, retention, transfer or use is authorized by the national authority.
In 1995, during a debate in the First Committee of the UN General Assembly, Malaysia supported a total ban on chemical weapons.
In its written statement submitted to the ICJ in the Nuclear Weapons (WHO) case
in 1995, Malaysia stated: “Chemical weapons have been banned.”
In a part entitled “Principle of Non-Toxicity”, it also referred to the 1925 Geneva Gas Protocol and the 1956 New Delhi Draft Rules.
Malaysia made the same reference in its oral pleadings in the Nuclear Weapons case
At the First Conference of States Parties to the Chemical Weapons Convention in 1997, Malaysia welcomed the entry into force of the 1993 Chemical Weapons Convention and expressed the hope that it would lead to “a world free of the scourge of chemical weapons and global and regional security for all”.