Practice Relating to Rule 74. Chemical Weapons
Under Georgia’s Criminal Code (1999), “the production, acquisition or sale of chemical … or other kinds of weapon of mass destruction prohibited by an international treaty” and the “use during hostilities or in armed conflict of such means and materials or weapons of mass destruction which are prohibited by an international treaty” are crimes.
In 2014, in a statement to the Organization for the Prohibition of Chemical Weapons during the nineteenth session of the Conference of the States Parties to the Chemical Weapons Convention, made on behalf of 56 countries, including Georgia, the permanent representative of Italy stated:
The States Parties subscribing to this statement note that over the past twelve months several positive developments have taken place in the extraordinary effort to eliminate the Syrian Arab Republic’s chemical weapons programme, including the removal of the declared chemical weapons stockpile from the Syrian Arab Republic, the complete destruction of Category 1 chemical weapons [those based on chemicals listed in Schedule 1 of the 1993 Chemical Weapons Convention] and the near completion of the destruction of Category 2 chemical weapons [those based on chemicals not listed in Schedule 1 of the 1993 Chemical Weapons Convention]. These developments constitute significant steps towards the complete dismantling of the Syrian chemical weapons programme. …
The States Parties subscribing to this statement are deeply concerned, however, that the Fact-Finding Mission, set up by the OPCW [Organization for the Prohibition of Chemical Weapons] Director-General to establish the facts around allegations that chlorine has been used as a chemical weapon, has confirmed the use of such a chemical in its second report (S/1212/2014, dated 10 September 2014 and Corr.1, dated 29 September 2014). We note with deep concern that the Fact-Finding Mission reported that its information constitutes “compelling confirmation that a toxic chemical was used as a weapon, systematically and repeatedly,” in three villages in the northern part of the Syrian Arab Republic, and concluded, with a high degree of confidence, that this was chlorine. We share the view that the information presented by the Fact-Finding Mission is substantial. This includes the fact that witnesses invariably connected the attacks to the use of helicopters. Only the Syrian military possesses the capability to use helicopters in such attacks.
The use of chlorine or any other toxic chemical as a weapon is a clear breach of the  Chemical Weapons Convention and of United Nations Security Council resolution 2118 (2013). The States Parties subscribing to this statement firmly believe that all perpetrators of atrocious abuses and war crimes in the Syrian Arab Republic, including the use of chemical weapons, must be held accountable. We call upon the Executive Council of the OPCW to consider necessary consequences under the provisions of the Convention.
The States Parties subscribing to this statement call upon the Syrian Arab Republic to provide full cooperation to the OPCW for the prompt destruction of the remaining chemical weapons production facilities and to the OPCW Declaration Assessment Team for the verification of the Syrian Arab Republic’s initial and subsequent declarations and clarification of the gaps and discrepancies discovered therein. To ensure confidence, the Syrian Arab Republic must provide the international community with credible evidence to support its assurances that it has fully abandoned its chemical weapons programme. This cannot be achieved while use of chemical weapons continues and new allegations of use of chemical weapons continue to be made. Complete and accurate declarations must be provided, and destruction operations must be completed promptly and in full in order to deter and prevent further use of chemical weapons against the Syrian people.