Security Council resolution 2235 (2015) [on establishment of an OPCW-UN Joint Investigative Mechanism to identify the use of chemical weapons in the Syrian Arab Republic]
Symbol: S/RES/2235 (2015)
Date: 2015-08-07
Status: adopted
Agenda: S/70 [222] SYRIAN ARAB REPUBLIC SITUATION
Subjects: OPCW/UN Joint Investigative Mechanism|CHEMICAL WEAPONS USE|WEAPONS DESTRUCTION|VERIFICATION|SYRIAN ARAB REPUBLIC
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                   S/RES/2235 (2015)
               Security Council                                               Distr.: General
                                                                              7 August 2015




               Resolution 2235 (2015)
               Adopted by the Security Council at its 7501st meeting, on
               7 August 2015

                    The Security Council,
                     Recalling the Protocol for the Prohibition of the Use in War of Asphyxiating,
               Poisonous or other Gases, and of Bacteriological Methods of Warfare, and the
               Convention on the Prohibition of the Development, Production, Stockpiling and Use
               of Chemical Weapons and on their Destruction (CWC), and the Council’s
               resolutions 1540 (2004), 2118 (2013) and 2209 (2015),
                    Recalling that the Syrian Arab Republic acceded to the CWC, noting that the
               use of any toxic chemical, such as chlorine, as a chemical weapon in the S yrian
               Arab Republic is a violation of resolution 2118, and further noting that any such use
               by the Syrian Arab Republic would constitute a violation of the CWC,
                     Condemning in the strongest terms any use of any toxic chemical as a weapon
               in the Syrian Arab Republic and noting with outrage that civilians continue to be
               killed and injured by toxic chemicals as weapons in the Syrian Arab Republic,
                     Reaffirming that the use of chemical weapons constitutes a serious violation of
               international law, and stressing again that those individuals responsible for any use
               of chemical weapons must be held accountable,
                    Recalling its request to the Director-General of the Organisation for the
               Prohibition of Chemical Weapons (OPCW) and the Secretary-General to report in a
               coordinated manner on non-compliance with resolution 2118,
                    Noting the letter of the Secretary-General to the President of the Security
               Council of 25 February 2015 (S/2015/138), transmitting the note of the Director-General of the OPCW, discussing the decision of the OPCW Executive Council of
               4 February 2015 that expressed serious concern regarding the findings of the Fact -
               Finding Mission (FFM) made with a high degree of confidence that chlorine has
               been used repeatedly and systematically as a weapon in the Syrian Arab Republic,
                     Noting that toxic chemicals as weapons have allegedly been used subsequent
               to the adoption on March 6 of Security Council resolution 2209 (2015),
                     Recognizing that the OPCW FFM is not mandated to reach conclusions about
               attributing responsibility for chemical weapons use,



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                    Recalling that, in its resolution 2118, it decided that the Syrian Arab Republic
               and all parties in Syria shall cooperate fully with the OPCW and the United Nations,
                   1.     Reiterates its condemnation in the strongest terms of any use of any toxic
               chemical, such as chlorine, as a weapon in the Syrian Arab Republic;
                     2.    Recalls its decision that the Syrian Arab Republic shall not use, develop,
               produce, otherwise acquire, stockpile or retain chemical weapons, or, transfer,
               directly or indirectly, chemical weapons to other States or non -State actors;
                    3.     Reiterates that no party in Syria should use, develop, produce, acquire,
               stockpile, retain, or transfer chemical weapons;
                     4.   Expresses its determination to identify those responsible for these acts
               and reiterates that those individuals, entities, groups, or governments responsible
               for any use of chemicals as weapons, including chlorine or any other toxic chemical,
               must be held accountable, and calls on all parties in the Syrian Arab Republic to
               extend their full cooperation in this regard;
                     5.   Requests the UN Secretary-General, in coordination with the OPCW
               Director-General, to submit to the Security Council, for its authorisation , within
               20 days of the adoption of this resolution, recommendations, including elements of
               Terms of Reference, regarding the establishment and operation of an OPCW -United
               Nations Joint Investigative Mechanism to identify to the greatest extent feasible
               individuals, entities, groups, or governments who were perpetrators, organisers,
               sponsors or otherwise involved in the use of chemicals as weapons, including
               chlorine or any other toxic chemical, in the Syrian Arab Republic where the OPCW
               FFM determines or has determined that a specific incident in the Syrian Arab
               Republic involved or likely involved the use of chemicals as weapons, including
               chlorine or any other toxic chemical, and expresses its intent to respond to the
               recommendations, including elements of Terms of Reference, within five days of
               receipt;
                     6.   Requests further that after the Security Council has authorised the Joint
               Investigative Mechanism that the United Nations Secretary-General, in coordination
               with the OPCW Director-General, undertake without delay the steps, measures, and
               arrangements necessary for the speedy establishment and full functioning of the
               Joint Investigative Mechanism, including recruiting impartial and experienced staff
               with relevant skills and expertise in accordance with Terms of Reference and notes
               due regard should be paid to the importance of recruiting the staff on as wide of a
               geographical basis as is practicable;
                     7.    Recalls that in its resolution 2118, it decided that the Syrian Arab
               Republic and all parties in Syria shall cooperate fully with the OPCW and the
               United Nations and stresses that this includes an obligation to cooperate with the
               OPCW Director-General and its FFM and the United Nations Secretary-General and
               the Joint Investigative Mechanism, that such cooperation includes full access to all
               locations, individuals, and materials in the Syrian Arab Republic that the Joint
               Investigative Mechanism deems relevant to its investigation and where it determines
               there are reasonable grounds to believe access is justified based on its assessment of
               the facts and circumstances known to it at the time, including in areas within the
               Syrian territory but outside of the control of the Syrian Arab Republic, and that such
               cooperation also includes the ability of the Joint Investigative Mechanism to
               examine additional information and evidence that was not obtained or prepared by


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           the FFM but that is related to the mandate of the Joint Investigative Mechanism as
           set forth in paragraph 5;
                8.   Calls on all other States to cooperate fully with the Joint Investigative
           Mechanism and in particular to provide it and the OPCW FFM with any relevant
           information they may possess pertaining to individuals, entities, groups, or
           governments who were perpetrators, organisers, sponsors or otherwise involved in
           use of chemicals as weapons, including chlorine or any other toxic chemical, in the
           Syrian Arab Republic;
                 9.    Requests the FFM to collaborate with the Joint Investigative Mechanism
           from the commencement of the Joint Investigative Mechanism’s work to provide
           full access to all of the information and evidence obt ained or prepared by the FFM
           including but not limited to, medical records, interview tapes and transcripts, and
           documentary material, and requests the Joint Investigative Mechanism, with respect
           to allegations that are subject to investigation by the FFM, to work in coordination
           with the FFM to fulfil its mandate;
                10. Requests the United Nations Secretary-General, in coordination with the
           OPCW Director-General, to present a report to the United Nations Security Council
           and inform the OPCW Executive Council as of the date the Joint Investigative
           Mechanism begins its full operations and every 30 days thereafter on the progress
           made;
                11. Requests the Joint Investigative Mechanism to complete its first report
           within 90 days of the date on which it commences its full operations, as notified by
           the United Nations Secretary-General, and complete subsequent reports as
           appropriate thereafter and requests the Joint Investigative Mechanism to present the
           report, or reports, to the United Nations Security Council and inform the OPCW
           Executive Council;
                 12. Requests the Joint Investigative Mechanism to retain any evidence
           related to possible uses of chemical weapons in the Syrian Arab Republic other than
           those cases in which the FFM determines or has determined that a specific incident
           in the Syrian Arab Republic involved or likely involved the use of chemicals as
           weapons, including chlorine or any other toxic chemical, and to transmit that
           evidence to the FFM through the Director-General of the OPCW and to the
           Secretary-General as soon as practicable;
                 13. Affirms that action by the Security Council consistent with paragraph 5 is
           sufficient for the establishment of the Joint Investigative Mechanism;
                14. Decides to establish the Joint Investigative Mechanism for a period of
           one year with a possibility of future extension by the Security Council, if it deems it
           necessary;
               15. Reaffirms its decision in response to violations of resolution 2118 to
           impose measures under Chapter VII of the United Nations Charter;
                16.   Decides to remain actively seized of the matter.




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