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Position Paper on the Chemical Weapons Abandoned by Japan in China

2023-03-24 15:29

On 22 March 2023, China has submitted the Position Paper on the Chemical Weapons Abandoned by Japan in China to the Fifth Review Conference of the Chemical Weapons Convention. The full text is as follows:

1. The early and thorough destruction of chemical weapons abandoned by Japan on the territory of China (hereinafter referred to as “Japanese ACWs”) is a key aspect of the realization of the objective of the Chemical Weapons Convention (hereinafter “the Convention”) and the goal of “a world free of chemical weapons”.

The Convention clearly stipulates that “Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accordance with the provisions of this Convention.” and “For the purpose of destroying abandoned chemical weapons, the Abandoning State Party shall provide all necessary financial, technical, expert, facility as well as other resources. The Territorial State Party shall provide appropriate cooperation.” The Convention also specifies the time frame of the destruction of ACWs. The above-mentioned provisions provide the international law basis of disposing Japanese ACWs in China.

All Review Conferences and Conferences of the States Parties of the Convention (hereinafter “the Conferences”) reviewed the issue on the destruction of ACWs, and reaffirmed the importance and urgency of completing the destruction thoroughly in relevant reports. The Forty-Sixth, Sixty-Seventh, Eighty-Fourth and One-Hundred-and-First Session of the Executive Council of the OPCW (hereinafter “the Council”), in the form of decision or report of the Council (EC-46/DEC.4, EC-67/DEC.6, EC-84/2, EC-101/DEC.2), made clear requirements for the thorough destruction of Japanese ACWs and its time limit.

As the Abandoning State Party, Japan should earnestly take its international obligation and political responsibility, and thoroughly destruct the Japanese ACWs under the effective verification of the OPCW at an early date in line with the relevant provisions of the Convention and the relevant decisions of the Council.

2. The issue of Japanese ACWs is the most serious issue left over by history under the Convention and one of the most grave real threats and challenges.

During the World War II, the Japanese militarists secretly produced large quantities of chemical weapons and used them in its aggression war against China in violation of international law. The documented use of chemical weapons along numbered as much as 1241, which caused more than 200 thousand Chinese military and civilian casualties. On the eve of its defeat in 1945, the Japanese army buried underground or dumped large quantities of chemical weapons in rivers and lakes in China to cover up their crimes. Up to now, Japanese ACWs have been found in more than 120 sites in 18 provinces, autonomous regions and municipalities in China. It has been 78 years since the end of Japan’s Aggression War against China and 26 years since the entry into force of the Convention. However, the large quantities of Japanese ACWs on the Chinese territory still pose a grave threat and harm to the lives and property of the people and to the ecological environment safety in the affected areas in China. According to incomplete statistics, Japanese ACWs have caused more than 2,000 Chinese casualties since the end of the World War II. It brooks no further delay that Japanese ACWs should be destructed completely, cleanly and thoroughly as early as possible.

Up to now, although some progress have been made in Japanese ACWs destruction, it still faces severe and prominent challenges. First, the destruction process has been severely delayed. Based on the provisions of the Convention, Japan is required to complete the destruction of abandoned chemical weapons by 2007 and sets a five-year grace period. Due to insufficient attention and inputs, the Japanese side failed to complete the destruction for four times in 2007, 2012, 2016 and 2022. Second, up to now, the Japanese side has not provided comprehensive, detailed and accurate clues and information on the burial sites of Japanese ACWs. Therefore, Japanese ACWs can only be found passively and dealt with urgently, which greatly increases the risk of casualties and delays the disposal process. Third, the progress of solving difficult issues is slow. In Jiamusi, Shangzhi, Hunchun, etc., excavation and recovery progress is very slow, and the destruction technique and equipment have not been determined in Liaoyuan. Japan has not shown enough political determination to overcome technical difficulties such as underwater exploration and recovery and underground detection. Fourth, the problem of disposing contaminated soil remains unresolved. The Japanese ACWs have been buried underground for decades. The leakage of toxic agents and the breakage and fragmentation of gas cylinders seriously polluted the soil and water. Japan must take the responsibility to solve the relevant problems.

3. The Chinese government has attached great importance to the destruction of Japanese ACWs. As the Territorial State Party, China has been earnestly fulfilling its obligations under the Convention, overcome great difficulties and agreed to allow Japan to destroy abandoned chemical weapons in China, and provided active cooperation to the Japanese side. The Chinese government organized experts and technicians to conduct a large number of internal investigations and assisted in the on-site excavation, identification and recovery of Japanese ACWs for several hundred times. The Chinese side has made great efforts to assist in the safe storage, consolidated transportation, selection of destruction technologies and site, and construction of destruction facilities of Japanese ACWs. Since the outbreak of the Covid-19 pandemic, China has overcome great difficulties to promote the destruction of Japanese ACWs, taken a variety of measures and actively explored new models of accelerating all work, like virtual visit of the Council and remote inspections. China also effectively coordinated the pandemic prevention and control and the destruction operation of Japanese ACWs, to make every effort to protect the health and safety of personnel from both Chinese and Japanese sides.

4. In October 2022, the One-Hundred-and-First Executive Council adopted the decision on a new destruction plan. The key points include: complete the destruction of Japanese ACWs buried in, stored in and around Haerbaling, and which have already been declared to the OPCW as at 31 December 2022 by the end of the year 2027, and start the destruction operation in Liaoyuan in early 2026 and complete as early as possible; use its best efforts, in good faith, to complete the excavation and recovery of Japanese ACWs at Mudanjiang, Yichun and Dunhua by the end of the year 2025, and make a medium to long term plan of the excavation and recovery at Jiamusi, Shangzhi and Hunchun by the end of the year 2023, and use its best efforts to move forward and implement such a plan; the Japanese side will improve the efficiency of the the excavation and recovery operations, actively conduct research to improve technologies regarding detection, excavation and recovery of ACWs both underwater and underground, and use its best efforts to collect, and promptly provide to China, information on Japanese ACWs; China and Japan will promote the standardization and consolidation of ACW storehouses.

The Chinese side re-urges the Japanese side to implement the new destruction plan in a comprehensive, complete and accurate manner, actively allocate resources and increase input so as to complete the destruction of the Japanese ACWs at an early date.

5. The Fifth Review Conference should undertake a comprehensive review of the issue of Japanese ACWs, and make decision for the next stage of the disposal of Japanese ACWs. China upholds that the following contents should be included in the outcome document of the Fifth Review Conference:

The Fifth Review Conference:

(a) Reaffirms the importance and urgency of destroying all Japanese ACWs in accordance with the provisions of the Convention and the relevant decisions of the Council, and emphasize the due obligation which the Japanese side should fulfill.

(b) Reviews the progress of the destruction of Japanese ACWs in a comprehensive way. Notes with concern that Japan had failed for the fourth time to complete its destruction plan within the deadline. Welcomes the new destruction plan submitted by China and Japan and adopted by the Council at its One-Hundred-and-First Session (EC.101/DEC.2), and calls on Japan to comprehensively, completely and accurately implement the new destruction plan, so as to complete the thorough destruction of abandoned chemical weapons at an early date.

In this regard, urges Japan to take concrete measures to address the problem existing in the destruction process as soon as possible, inter alia, unbalanced and insufficient input, inefficiency of the operation, the lack of effective operational plans at some sites, and technical difficulties in underwater and underground exploration, excavation and recovery, so as to create conditions for accelerating the destruction process in a comprehensive way.

(c) Emphasizes that in accordance with the decision made by the One-Hundred-and-First session of the Executive Council and the new destruction plan submitted by China and Japan, Japan will continue to use its best efforts to collect, and promptly provide to China, information on Japanese ACWs, and cooperate proactively with China with a view to full-scale investigation and confirmation activities on traces of ACWs.

(d) Considering the objective of the Convention, calls upon all parties to pay attention to the realistic threat of the water and soil contamination caused by Japanese ACWs, urges Japan to earnestly shoulder its responsibility and solve the above-mentioned problems properly, and authorizes the Scientific Advisory Board to study the issues.

(e) Reaffirms the important role of the Review Conference, the Conference and the Council in reviewing the destruction of Japanese ACWs. Reaffirms the importance of conducting visits and inspections to Japanese ACWs destruction facilities by the Council and the OPCW. Emphasizes that the OPCW should continue to ensure its resources inputs for the verification of the destruction of Japanese ACWs. Welcomes the two visits of the Director-General and delegations representing the Council to the destruction facilities in 2019 and 2022 within this review cycle.

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