United Nations Security Council draft resolution S/2018/321
Date: 2018-04-10 (meeting 8228)
Agenda: The situation in the Middle East
Vetoed by: RUSSIA/USSR

United Nations
Security Council
Distr.: General
10 April 2018
Original: English
S/2018/321

Albania, Australia, Bulgaria, Canada, Denmark, Estonia, Finland,
France, Germany, Italy, Latvia, Lithuania, Montenegro,
Netherlands, Norway, Peru, Poland, Qatar, Republic of Moldova,
Slovenia, Sweden, The former Yugoslav Republic of Macedonia,
Turkey, Ukraine, United Kingdom of Great Britain and Northern
Ireland and United States of America: draft resolution

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 its resolutions 2401
(2018), 2319 (2016), 2314 (2016), 2253 (2015), 2235 (2015), 2209 (2015), 2178
(2014), 2118 (2013), 1989 (2011), 1540 (2004) and 1267 (1999),

Noting that additional allegations of chemical weapons use in Syria continue to
be investigated by the Fact-Finding Mission (FFM) of the Organization for the
Prohibition of Chemical Weapons (OPCW),

Expressing deep concern at the alleged use of chemical weapons in the Douma
area outside Damascus in the Syrian Arab Republic on 7 April 2018 reportedly
causing large-scale loss of life and injuries, affirming that the use of chemical
weapons constitutes a serious violation of international law, and stressing that those
responsible for any use of chemical weapons must be held accountable,

Noting that the Director-General of the Organisation for the Prohibition of
Chemical Weapons (OPCW) has announced, in addition to its ongoing investigation,
that its Fact Finding Mission (FFM) is in the process of gathering and analysing
information on this incident from all available sources and will report its findings to
States Parties to the CWC,

Condemning in the strongest terms any use of chemical weapons and toxic
chemicals as weapons in the Syrian Arab Republic, and expressing grave concern that
civilians continue to be killed and injured by chemical weapons and toxic chemicals
as weapons in the Syrian Arab Republic,

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 Syrian 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,
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S/2018/321

Reaffirming their grave concern that the Islamic State in Iraq and the Levant
(ISIL, also known as Da'esh) and other individuals, groups, undertakings, and entities
associated with ISIL (Da'esh) or Al-Qaida, including but not limited to foreign
terrorist fighters who have joined ISIL (Da'esh in Syria, groups that have pledged
allegiance to ISIL (Da'esh), and Al-Nusra Front (ANF), continue operating in the
Syrian Arab Republic,

Emphasizing the importance of conducting an independent, impartial and
transparent investigation that examines relevant evidence with professionalism, and
including, where safety and security permits, in coordination with the United Nations
Department of Safety and Security and the OPCW, safe travel to sites the investigators
deem relevant to the investigation, which could include but is not limited to the site
of the alleged attack, and where the investigators determine there are reasonable
grounds to believe access is justified based on their assessment of the facts and
circumstances known to them at the time, when security conditions allow for safe
access,

Recalling that the FFM is not mandated to reach conclusions about attributing
responsibility for chemical weapons use,

1. Reiterates its condemnation in the strongest terms of any use of any toxic
chemical, including chlorine, as a weapon in the Syrian Arab Republic and expresses
its outrage that civilians continue to be killed and injured by chemical weapons and
toxic chemicals as weapons in the Syrian Arab Republic;

2. Reiterates that no party in the Syrian Arab Republic should use, develop,
produce, acquire, stockpile, retain, or transfer chemical weapons;

3. Recalls its decision in resolution 2118 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;

4. Condemns in the strongest terms the continued reported use of chemical
weapons in the Syrian Arab Republic, in particular the alleged use of chemical
weapons in Douma on 7 April 2018;

5. Expresses its full support to the OPCW FFM, demands that all parties in
the Syrian Arab Republic provide unhindered and safe access without delay to any
sites deemed relevant by the OPCW FFM, and requests that the FFM report the results
of its investigation of the alleged attack in Douma to the Director-General of the
OPCW as soon as practicable;

6. Reiterates its demand, reminding in particular the Syrian authorities, that
all parties facilitate safe and unimpeded passage for medical personnel and
humanitarian personnel exclusively engaged in medical duties, their equipment,
transport and supplies, including surgical items, to all people in need, particularly in
Douma, consistent with international humanitarian law;

7. Decides to establish the United Nations Independent Mechanism of
Investigation (UNIM) for a period of one year with a possibility of further extension
and update by the Security Council if it deems necessary;

8. Requests the United Nations Secretary-General, in coordination with the
OPCW Director-General, to submit to the Security Council, for its authorization,
within 30 days of the adoption of this resolution, recommendations, including
elements of Terms of Reference, regarding the establishment and operation of the
UNIMI, based on the principles of impartiality, independence and professionalism, to
identify to the greatest extent feasible, individuals, entities, groups, or governments
who were perpetrators, organizers, sponsors or otherwise involved in the use of

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S/2018/321
chemical weapons, including chlorine or any other toxic chemical, in the Syrian Arab
Republic, and expresses its intent to respond to the recommendations, including
Terms of Reference, within fifteen days of receipt;
9. Requests further that the United Nations Secretary-General, in
coordination with the OPCW Director-General, undertake without delay steps,
measures, and arrangements necessary for the speedy establishment and full
functioning of the UNIMI, including recruiting impartial and experienced staff with
relevant skills and expertise in accordance with the Terms of Reference, and notes
due regard should be paid to the importance of recruiting the staff on as wide a
geographical basis as is possible;
10. Reaffirms support to the OPCW and UNIMI as they undertake their
respective investigations in a manner they deem appropriate to fulfil their mandate,
acknowledges the dangers associated with investigating chemical weapon use in
Syria, and highlights the importance of full coordination with the United Nations
Department of Safety and Security, and the OPCW, to ensure the FFM and UNIMI
can safely travel to sites they deem relevant to their investigation, which could include
but is not limited to the site of the alleged attack, where they determine there are
reasonable grounds to believe access is justified based on their assessment of the facts
and circumstances known to them at the time, when security conditions allow for safe
access, and urges all Member States to facilitate such access where possible;
11. Requests the OPCW to provide UNIMI full access to all of the information
and evidence obtained or prepared by the OPCW, including, but not limited to,
medical records, interview tapes and transcripts, and documentary material, further
reaffirms that the UNIMI should work in coordination with the OPCW to fulfil its
mandate, and requests that the Secretary-General make the necessary arrangements
for UNIMI to liaise closely with the OPCW to expeditiously investigate any incident
the OPCW determines involved or likely involved the use of chemicals as weapons
in order to identify those involved in accordance with the provisions of paragraph 8
of this resolution;
12. Calls upon all parties within the Syrian Arab Republic, to provide full
cooperation with the FFM and UNIMI, and to facilitate immediate and unfettered,
safe and secure access to witnesses, evidence, reporting, material and sites relevant
to the investigation, in order for the FFM and the UNIMI to accomplish their
mandates, further calls upon all parties to pause hostilities in the areas in which the
FFM and the UNIMI require access in fulfilment of OP10, to enable where possible
safe access for the FFM and the UNIMI to such sites, and encourages UNIMI to
inform the Security Council in case they are unable to safely access sites that they
deem necessary for their investigation;
13. Recalls its decision in paragraph 7 of resolution 2118 that the Syrian Arab
Republic shall cooperate fully with the OPCW and United Nations, including by
complying with their relevant recommendations, by accepting personnel designated
by the OPCW or the United Nations, by providing for and ensuring the security of
activities undertaken by these personnel, by providing these personnel with
immediate and unfettered access to and the right to inspect, in discharging their
functions, any and all sites, and by allowing immediate and unfettered access to
individuals that the OPCW has grounds to believe to be of importance for the purpose
of its mandate, and specifically recalls that all parties in the Syrian Arab Republic
shall cooperate fully in that regard;
14. Requests the Secretary-General to report whether the information and
access described in paragraph 13 of this resolution has been provided in his reports
to the Security Council every 30 days pursuant to paragraph 12 of resolution 2118;
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15. Encourages the UNIMI where relevant, to consult and cooperate with
appropriate United Nations counter-terrorism and non-proliferation bodies, in
particular the Committee established pursuant to resolution 1540 and 1267/1989/2253
ISIL (Da'esh) and Al-Qaida Sanctions Committee, in order to exchange information
on non-State actors' perpetration, organization, sponsorship or other involvement in
the use of chemicals as weapons in the Syrian Arab Republic;
16. Requests the UNIMI to retain any evidence related to possible use 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
Director-General of the OPCW and to the Secretary-General as soon as practicable;
17. Requests the UNIMI to submit to the Security Council and the OPCW
Executive Council its first report within 90 days of the date it commences its full
operations, as notified by the United Nations Secretary-General, as well as subsequent
reports on its investigations as appropriate thereafter;
18. Requests the Committee established pursuant to Resolution 1540 (2004)
to analyse information on trends in the activities of non-State actors involving
preparations for use and actual use of chemical weapons in Syria and transmit a report
to the Security Council as appropriate;
19. Underlines that the Security Council will thoroughly assess how to take
action following the UNIMI's conclusions, and reaffirms in this regard its decision in
response to violations of resolution 2118 to impose measures under Chapter VII of
the United Nations Charter;
20. Decides to remain actively seized of the matter.
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Voting result: 12 yes, 2 no, 1 abstentions
Votes by member:
country: Côte d’Ivoire
vote: Y
country: Equatorial Guinea
vote: Y
country: Ethiopia
vote: Y
country: France
vote: Y
country: Kazakhstan
vote: Y
country: Kuwait
vote: Y
country: Netherlands
vote: Y
country: Peru
vote: Y
country: Poland
vote: Y
country: Sweden
vote: Y
country: United Kingdom of Great Britain and Northern Ireland
vote: Y
country: United States of America
vote: Y
country: Bolivia (Plurinational State of)
vote: N
country: Russian Federation
vote: N
country: China
vote: A