Weapons of Mass Destruction (WMD)

28 April 2004 – The United Nations Security Council today unanimously approved a binding resolution criminalizing the acquisition of weapons of mass destruction by such private parties as terrorists and black marketers.

The Council decided that "all States.shall adopt and enforce appropriate effective laws which prohibit any non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, in particular for terrorist purposes, as well as attempts to engage in any of the foregoing activities, participate in them as an accomplice, assist or finance them."

Governments were prohibited from aiding any private actors seeking to make or acquire such weapons.

The resolution fell under Chapter VII of the UN Charter, which gives the 15-member Council the power to enforce certain decisions through tribunals, embargoes, or military force after all peaceful means of persuading delinquent Member States have been exhausted.

In the public debate last week to suggest amendments to the text, several speakers cautioned that the most important aspect about the resolution was not enforcement. They emphasized that the Council would have to get separate approval for the means of enforcement.

Today's text directed Governments to establish effective accounting for and domestic controls of material that could be used to make nuclear, chemical or biological weapons. They should also establish and maintain effective border and trans-shipment controls and appropriate law enforcement.

The Security Council would establish a committee to monitor for the next two years the implementation of the resolution and would expect all States to present reports on their efforts to execute the provisions within six months.