Explanatory note: 40 years have elapsed since the first idea related to such a zone emerged. Unfortunately, the ME WMD FZ has not been created so far. A lot of meetings have been devoted to debating of the concept of the zone, its basic principles, approaches, “rules of the road”, etc., but not to producing the respective draft treaty.

As part of a package of decisions that resulted in the indefinite extension of the nuclear Nonproliferation Treaty (NPT), the 1995 NPT Review Conference called for “the establishment of an effectively verifiable Middle East zone free of weapons of mass destruction, nuclear, chemical and biological, and their delivery systems”.

Among the many challenges facing the proposal to establish a WMD-free zone in the Middle East is the fact that there are no actual examples to emulate. Existing regional NFZ treaties deal only with nuclear weapons, while other categories of weapons of mass destruction (i.e. chemical and biological weapons and their delivery systems) are technically out of the scope and are reflected in the respective international Conventions.

There is a great demand to tackle a draft ME WMD FZ. It can stimulate discussion. It is a concrete proposal.

Herewith I attach such a draft. It has been created in private capacity, as an academic draft. Naturally, constructive amendments and improvements for the draft will be highly appreciated by the author.

The draft has a preamble and operational part consisting of 16 articles.

It engulfs 17 states in the region. The Parties to the Treaty undertake to dismantle and eliminate all weapons of mass destruction, including nuclear, chemical and biological weapons, before December 31, 2020.

There might be a disputable issue concerning the WMD delivery systems (missiles and aircraft) because they can perform dual functions – can carry conventional and the WMD munitions. It is doubtful that the regional states would agree to destroy their dual capable aircraft and dual capable missiles. Therefore, the attached draft Treaty prescribes to ban the use of such delivery systems, but not to limit their numbers or to eliminate them. Prior to dismantlement of weapons of mass destruction in the Middle East the subscribing Parties undertake not to use weapons of mass destruction, including nuclear, chemical and biological weapons, against each other.

The Treaty is a legally binding, verifiable arrangement and of an unlimited duration.

© Vladimir P. Kozin. 2014

Draft

TREATY ON ESTABLISHMENT OF THE ZONE FREE FROM WEAPONS OF MASS DESTRUCTION IN THE MIDDLE EAST

The High Contracting Parties,

guided by the goals of strengthening peace and strategic stability on a regional and global scale,

 proceeding from assumption that the establishment of an effectively verifiable regional zones free of weapons of mass destruction, including nuclear, chemical and biological weapons, could produce positive impact upon the regional and global security and stability,

taking into account the call of the 1995 Treaty on the Nonproliferation of Nuclear Weapons Review Conference for “the establishment of an effectively verifiable Middle East zone free of weapons of mass destruction, including nuclear, chemical and biological weapons, and their delivery systems”,

reaffirming the importance of the Treaty on the Nonproliferation of Nuclear Weapons and the need for the implementation of all its provisions,

bearing in mind that the proposal on the establishment of an effectively verifiable Middle East zone free of weapons of mass destruction, including nuclear, chemical and biological weapons, has garnered broad international understanding and support,

believing that the establishment of an effectively verifiable Middle East zone free of weapons of mass destruction, including nuclear, chemical and biological weapons, and banning any potential use of their delivery systems will bring stability and trust in the densely populated area of the Middle East,

also believing that the Middle Eastzone free of weapons of mass destruction, including nuclear, chemical and biological weapons,will protect countries in this area against possible nuclear, chemical and biological attacks on their territories,

have agreed as follows:

Article 1.

For the purpose of this Treaty the area of the Middle East encompasses the territory of Bahrain, Cyprus, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Palestine, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates and Yemen, their territorial waters and the airspace above their territories and their territorial waters.

Article 2.

For the purpose of this Treaty the definitions of weapons of mass destruction, including nuclear, chemical and biological weapons, have been reflected in the relevant bilateral agreements and international conventions.

Article 3.

For the purpose of this Treaty a delivery system capable of delivering nuclear, chemical and biological munitions includes any type of missile, military aircraft and any vehicle heavier than air that practically are capable to deliver nuclear, chemical and biological weapons at any distance.

Article 4.

Prior to dismantlement of weapons of mass destruction, including nuclear, chemical and biological weapons, in the Middle East as the zone free of weapons of mass destruction, including nuclear, chemical and biological weapons, High Contracting Parties undertake not to use weapons of mass destruction, including nuclear, chemical and biological weapons, against each other.

Article 5.

Prior to dismantlement of weapons of mass destruction, including nuclear, chemical and biological weapons, in the Middle East as the zone free of weapons of mass destruction, including nuclear, chemical and biological weapons, the High Contracting Parties pledge not to take, or assist, or encourage any action aimed at an armed attack against nuclear, chemical and biological installations belonging to any High Contracting Party located outside the Middle East as the zone free of weapons of mass destruction, including nuclear, chemical and biological weapons.

Article 6.

The High Contracting Parties located outside the Middle East as the zone free of weapons of mass destruction, including nuclear, chemical and biological weapons, undertake not to use any type of weapons of mass destruction, including nuclear, chemical and biological weapons, against any High Contracting Party located in the Middle East as the zone free of weapons of mass destruction, including nuclear, chemical and biological weapons.

Article 7.

The High Contracting Parties located in the Middle East as the zone free of weapons of mass destruction, including nuclear, chemical and biological weapons, undertake to dismantle and eliminate all weapons of mass destruction, including nuclear, chemical and biological weapons before December 31, 2020.

Article 8.

The High Contracting Parties commit themselves not to possess, acquire, test, manufacture or use any weapons of mass destruction, including nuclear, chemical and biological weapons, after such weapons are being dismantled and eliminated by the date specified in Article 7.

Article 9.

For the verification of the implementation of this Treaty a Special Joint Verification Commission comprised of the States parties to this Treaty is to set up. It will produce annually a report on the process of the implementation of this Treaty to be subsequently distributed in the United Nations Organization and can send its inspections teams to any High Contracting Party participating in the Treaty.

Article 10.

The Treaty is subject to ratification by any High Contracting Party.

Article 11.

Nothing in this Treaty shall be interpreted as to prevent to any High Contracting Party to develop and use nuclear energy for peaceful purposes.

Article 12.

Nothing in this Treaty affects:

a) the High Contracting Parties’ inalienable rights to individual and collective self-defense that is prescribed by Article 51 of the United Nations Charter; and,

b) the provisions of the United Nations Charter, including those which relate to the maintenance of international peace and security, and also the provisions that are set forth in the High Contracting Parties’ joint agreements and declarations and that concern the importance of efforts to prevent a nuclear war and to eliminate a threat to peace.

Article 13.

This Treaty is of an unlimited duration.

Article 14.

Each High Contracting Party when exercising its state sovereignty has the right, upon the expiration of six months after the submission of a special notification of the other side that has been made beforehand to withdraw from this Treaty, if it will decide that the exclusive circumstances associated with it have placed its highest national interests under threat. This notification must contain a substantiated statement on the exclusive circumstances that the informing High Contracting Party views as having placed its highest national interests under threat.

Article 15.

This Treaty enters into force after the exchange of ratification instruments by the High Contracting Parties.

Article 16. This Treaty will be subject to registration in accordance with Article 102 of the United Nations Charter.

Done at………………(the venue and date).