Expert Speak Raisina Debates
Published on Sep 21, 2024

Chemical weapons pose significant risks to vulnerable communities, highlighting the urgent need for legal frameworks focused on their protection and recovery

Mitigating the impact of chemical weapons on vulnerable communities

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Chemical weapons are weapons of mass destruction (WMD) that can impact human health and cause environmental damage. Throughout history, their use has not only resulted in widespread devastation but has also disproportionately harmed minority communities, who often bear the brunt of these horrific attacks due to social, political, and geographic vulnerabilities. While chemical weapons and their use are low probability, the impact is high and often focused on vulnerable communities, including women, children, those experiencing poverty and homelessness or marginalised in other ways, as we saw in the examples of chemical impact above.

Chemical weapons and leaks in history

The most recent cases of chemical use in warfare are in Gaza and Ukraine. The Israeli Army has used white phosphorous in Gaza to limit visibility for on-ground troops. Since white phosphorous is not used for toxicity, it is not considered a chemical weapon. However, the outcomes of use still impact human vision and can cause burns and difficulty in breathing. In 2023, Russia has been accused of using Chloropicrin against Ukrainian troops.

One of the most significant attacks was in March 1988, during the closing days of the Iran-Iraq War, Saddam Hussein’s regime unleashed chemical weapons, including mustard gas and sarin, on the Kurdish town of Halabja.

While the use of chemical weapons in modern-day warfare is a rare (but not unseen) occurrence, there are historical examples of use. One of the most significant attacks was in March 1988, during the closing days of the Iran-Iraq War, Saddam Hussein’s regime unleashed chemical weapons, including mustard gas and sarin, on the Kurdish town of Halabja. This genocidal act targeted a minority ethnic group in Iraq, leaving an estimated 5,000 Kurds dead and thousands more injured. Up to 75 percent of the victims were women and children. Furthermore, those who escaped death have developed respiratory or visual problems.

Since 2013, during the Syrian Civil War, reports of chemical weapon use, particularly sarin and chlorine gas, have emerged multiple times. The attacks, attributed to the Syrian government, targeted rebel-held areas, which were home to impoverished and displaced civilians.

Beyond warfare, lessons of impact on vulnerable communities from chemical toxicity are seen through industrial chemical leaks and accidents as well. Examples can be seen in many places, including a stretch of land in Louisiana, United States, dubbed “Cancer Alley.” Residents in Cancer Alley experience some of the highest rates of cancer in the United States, a statistic directly linked to prolonged exposure to industrial pollutants. Women in the area report higher rates of miscarriages and reproductive health issues, further emphasising the gendered nature of exposure to environmental toxins. Similarly, another area in the US, Michigan, experienced what is now known as the Flint water crisis in 2014. A leakage due to an attempt to cut costs resulted in the contamination of the city’s water supply. The predominantly Black population, many of whom were low-income, was left exposed to the contaminated water for months before adequate measures were taken.

Women in the area report higher rates of miscarriages and reproductive health issues, further emphasising the gendered nature of exposure to environmental toxins.

While India has, thus far, never experienced a chemical attack, the 1984 Bhopal Gas Leak was one of the worst industrial accidents in Indian history. An estimated 345,000-500,000 people were exposed to the gas, and about 10,000 died as a direct result, with many more suffering long-term health effects such as respiratory issues, blindness, and reproductive disorders. A significant portion of women who were pregnant during the disaster aborted the foetus due to health risks. Most of those affected were from the poor, low-caste communities living in makeshift housing near the plant. The long-term neglect of survivors, many of whom still suffer from health complications, highlights the systemic neglect of impoverished communities following industrial disasters.

Risk scenario for vulnerable communities

Women, particularly those in minority and low-income communities, often face unique risks in chemical disasters due to both biological vulnerabilities and social inequalities. Women are more likely to be caregivers for children and the elderly, making them more vulnerable in conflict times and areas, as they cannot escape an attack as quickly due to increased responsibility or risk contamination through a family member. Moreover, chemicals can have specific reproductive health effects, posing a risk to both women and future generations. In the aftermath of disasters like the aforementioned Bhopal, Halabja, and Cancer Alley, women can pass down toxicity during pregnancy and have reported higher incidences of required abortions, and congenital disabilities. Despite these risks, gender-specific research and policies addressing the impact of chemical exposure on women have often been lacking, leading to inadequate healthcare and recovery support.

Women are more likely to be caregivers for children and the elderly, making them more vulnerable in conflict times and areas, as they cannot escape an attack as quickly due to increased responsibility or risk contamination through a family member.

The disproportionate impact of chemical weapon use and industrial leaks on vulnerable communities such as those with low incomes reflects a long-established pattern of urban marginalisation and environmental racism.[1] These communities are more likely to be situated near industrial zones or conflict areas, and their political and economic marginalisation leaves them with fewer resources to protect themselves from exposure or to recover after disasters. Depending on the region, the affected communities can vary. Often, in the global north, vulnerable communities refer to immigrants or minority race groups; in the global south, this may manifest as systematic caste neglect as can be seen in the outcomes of the Bhopal Gas tragedy or often accompanied by class discrimination.

The legal frameworks governing chemical weapons

The Chemical Weapons Convention (CWC) is the core of the international legal framework against chemical weapons. It is a multilateral treaty that bans the development, production, acquisition, stockpiling, retention, transfer, or use of chemical weapons. As of 2024, it has 193 state parties, making it one of the most widely adhered-to arms control agreements. The CWC established the Organization for the Prohibition of Chemical Weapons (OPCW) to ensure compliance with the treaty. The OPCW conducts inspections, oversees the destruction of chemical weapons, and investigates allegations of their use. Additionally, in warfare, the 1925 Geneva Protocol prohibits the use of chemical and biological weapons in war.

The OPCW conducts inspections, oversees the destruction of chemical weapons, and investigates allegations of their use.

Beyond these, ensuring accountability for the use of chemical weapons involves a complex interplay of international legal instruments and institutions. When a state or non-state actor is accused of using chemical weapons, several accountability mechanisms can be invoked:

  1. The International Criminal Court (ICC): The ICC has jurisdiction over war crimes, including the use of chemical weapons as a method of warfare. While initially banned under the Rome Statute, now the use of chemical weapons can be prosecuted as a war crime if used against civilian populations or as a means of causing ‘unnecessary’ suffering. While the definition of unnecessary suffering is vague in these documents, including the suffering of less represented communities and the longevity of suffering can help increase the validity of accountability mechanisms.
  2. Ad Hoc Tribunals and Hybrid Courts: In some cases, the international community has established ad hoc tribunals or hybrid courts to address specific instances of chemical weapons use. For example, the International Criminal Tribunal for the former Yugoslavia (ICTY) prosecuted cases involving chemical weapons during the Balkans conflicts. Similarly, hybrid courts combining international and national law have been proposed to address chemical weapons use in Syria. Such courts must prioritise impact on the ground, considering civilians, vulnerable communities and, importantly, the longevity of impact.

Currently, these accountability mechanisms look at the impacted population as a monolith, resulting in long-term outcomes of chemical toxicity in individuals that are not considered under existing conventions. To enhance these accountability mechanisms, international norms and national applications must expand from considering only stockpiling, development, and reporting mechanisms to consider the impact. This can be done by including the following processes in impact assessment, disaster mitigation and chemical deterrence efforts.

  1. Economic disadvantages limit the ability of marginalised communities to prepare for, respond to, and recover from chemical weapons incidents.
  2. Marginalised communities often face barriers to accessing information about chemical hazards and emergency response protocols. Including women and leaders of smaller communities in advocacy and spreading information can help improve response times and actions in times of tragedy.
  3. This inclusion must not be limited to sharing information. Using minority communities' knowledge and anecdotal experience and establishing reporting mechanisms can help in planning and decision-making, which is crucial for achieving long-term environmental justice, even when there is no chemical tragedy.
  4. Resource allocation for preparedness, response, and recovery should prioritise marginalised communities and ensure equitable distribution. Implementing health monitoring programs for communities affected by chemical weapons incidents can help identify long-term health impacts and inform targeted interventions. Research should focus on understanding the specific health outcomes of chemical exposures in marginalised populations and developing strategies to mitigate these effects.

To strengthen accountability for chemical weapons use, the international community must enhance the operational capacities of institutions like the OPCW and the ICC and focus not only on the count of chemical weapon use but also the qualitative outcome, that is, how different populations have suffered and continue suffering. Ultimately, the use of chemical weapons is a violation of fundamental human rights and an affront to global security. By reinforcing the legal frameworks and accountability mechanisms in place that consider not just geopolitical world order but also human impact, the international community can better deter the use of chemical weapons.


Shravishtha Ajaykumar is an Associate Fellow with the Centre for Security, Strategy and Technology at the Observer Research Foundation

[1] Environmental or ecological racism refers to a form of neglect in urban planning and climate studies hat results in vulnerable communities facing the brunt of negative environmental changes due to limited access, education, or marginalisation. This can include living near landfalls or hazardous materials, often near chemical plants, or areas that may flood easily, amongst others.

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Shravishtha Ajaykumar

Shravishtha Ajaykumar

Shravishtha Ajaykumar is Associate Fellow at the Centre for Security, Strategy and Technology. Her fields of research include geospatial technology, data privacy, cybersecurity, and strategic ...

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