OPCW confirms use of banned gas in Ukraine

The Organisation for the Prohibition of Chemical Weapons (OPCW) has released a report confirming the use of a riot control agent in an alleged chemical incident near Illinka, Ukraine.

The Technical Assistance Visit (TAV) report follows an incident reportedly occurring on September 20, 2024, along the confrontation lines near the village of Illinka in the Dnipropetrovsk region.

The OPCW deployed a team at the request of Ukraine, made under Article VIII of the Chemical Weapons Convention (CWC). During the visit, the Technical Secretariat experts collected documentation, digital files, and first-hand witness testimonies. Ukrainian officials also provided three samples: a shell of a grenade and two soil samples from a trench along the confrontation line.

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Upon returning to OPCW Headquarters, the samples were analyzed at two OPCW-designated laboratories, ensuring independent verification of the results. The analysis confirmed that the collected samples contained 2-Chlorobenzylidenemalononitrile, known as CS, a commonly used riot control agent. Under the Chemical Weapons Convention, the use of such agents as a method of warfare is explicitly prohibited.

Upon receiving the report, the Permanent Representation of Ukraine to the OPCW requested the declassification and publication of the full report to ensure transparency.

Ambassador Fernando Arias, Director-General of the OPCW, expressed serious concern over the findings. “All 193 OPCW Member States, including the Russian Federation and Ukraine, have committed never to develop, produce, acquire, stockpile, transfer or use chemical weapons. States Parties to the Chemical Weapons Convention have declared that any use of chemical weapons is totally unacceptable and would violate the legal norms and standards of the international community. It is therefore important now for all States Parties to uphold the norm against chemical weapons,” Arias said.

The Director-General also highlighted the OPCW’s readiness to assist through independent expertise and commended the designated laboratories for their swift analysis.

According to the Chemical Weapons Convention, riot control agents like CS gas are legally held by States Parties for domestic law enforcement purposes, but their use as a weapon in warfare is strictly forbidden under Article I of the Convention. If deployed in warfare, such agents are classified as chemical weapons and subject to the full prohibitions of the treaty.

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