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Puzzling Evidence

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Puzzling Evidence:  True Stories
   U.S. Evades Bio-Weapons Treaty

Most often in True Stories, we run anecdotes that are a little incongruous, foibles and fragments of less-than-logical events or statements.  But this month's first True Story is anything but.  ...

For a companion piece to this one,
see this month's Monthly Straw Poll  ...

  • U.S. Germ Warfare Research Pushes Treaty Limits
    That was the headline that began a piece which appeared in the New York Times on September 4th, a week before the attacks on the Pentagon and the World Trade Center, and several weeks before anthrax began to become a household word.
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    The Times article -- reported and written by Judith Miller, Stephen Engelberg and William J. Broad -- began with a startling sentence:  "Over the past several years," they said.  "The United States has embarked on a program of secret research on biological weapons that, some officials say, tests the limits of the global treaty banning such weapons."  The program was started under the Clinton administration, during which time the CIA, in a number of projects umbrella'd under the name of Clear Vision, had been trying to determine the characteristics of various delivery systems for biological agents.  Evidently, intelligence sources had learned that the Soviets had built 'bomblet' for just such a purpose, allowing the biological agents to be released in a fine mist over a precisely targeted area.  The word at The Agency was that the devices were actually being sold overseas.  But when CIA operatives were unable to purchase such a mini-bomb from any sources, they took to building a model themselves.  
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    Around the same time, another group from The Agency was busy at work in Nevada, constructing a fairly sophisticated laboratory for the manufacture of biological weapons out of commercially available materials, in order to show that it could be done that easily.  While some in the Clinton administration voiced concern over the projects, which they may well have learned about only after the projects were begun, if at all.  The experiments were concluded in 2000.  But an even more drastic measure is in the works under the Bush administration, which plans on expanding the experimentation to include genetic engineering of anthrax in order to develop a more virulent strain.
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    The fruits of that project are supposed to help the U.S. then turn around and develop a more potent anthrax vaccine.  But many worry, including a number of Gulf War veterans who have been suffering from a variety of illnesses since being vaccinated during the war, that the new vaccine will have at least some of the same pitfalls and drawbacks as the one currently being used.  But in addition, officials in both administrations, including some in the State Department, have expressed strong reservations from the start that these U.S. experiments are in violation of the 1972 treaty commonly known as the Biological Weapons Convention (BWC). 
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    The BWC had the parties to it agree to a variety of restrictions relating to the development, production, acquisition, or stockpiling of any amounts or types of biological agents for which there were no ''prophylactic, protective or other peaceful purposes.''   The accord also required the signatories not to develop or obtain any weapons or other equipment ''designed to use such agents or toxins for hostile purposes or in armed conflict.''
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    While the earlier CIA experiments with the bomblets were clearly not intended to be used for "hostile purposes or in armed conflict,"  still, it is in the nature of such devices that that is precisely what they are "designed to" do.  But lawyers at both the CIA and the White House disagreed, insisting that, because the intent was to learn about the devices and how to protect against them, the work was "defensive," and therefore allowed under the terms of the treaty.
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    The Bush administration's plan to proceed with the development of the more virulent strain of anthrax is another matter.  The administration knows, as has been known for some time, that the Soviet Union had already developed an enhanced strain of anthrax.  In fact, there are stockpiles of the bacteria on an island under the control of Uzbekistan which the Soviets tried themselves, unsuccessfully, to destroy.  But because the U.S. has not been able to obtain any of the Soviet supply, the administration says that its own development of a more virulent strain of anthrax is necessary in order to then turn around and develop a more potent vaccine.  
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    But clearly, given the administration's own logic, it would seem highly suspect that the move is not in violation of the BWC agreement, since there cannot be as yet any "prophylactic [or] protective" means in place.  In any case, the former general counsel of the Arms Control and Disarmament Agency, Mary Elizabeth Hoinkes, speaking to the Times Judith Miller in a related article which appeared on September 5th, has voiced strong opposition to the plan, saying that the administration's rationale of defensive purpose is a "gross misrepresentation," and that it poses great risks to the international accord that, until recently, it looked like the U.S. had championed most among the world's nations.  Nevertheless, Agency and administration lawyers are again claiming that, because of the defensive intent, the project is not in violation of the treaty and are planning to go forward.
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    In addition to all this, one of the key problems with the treaty from the start has been that it has never provided adequate means for catching violators.  This was one of the problems when, for example, the U.S. and the U.N. wanted to more closely monitor biological weaponry in Iraq.  Much more recently, however, the U.S. under the Bush administration has refused to sign on to additional language that would plug that loophole, in large part because it did not want to open up U.S. facilities to the international inspections that would be required of any facility engaged in the production of biological agents.  According to the Times report, one such facility the administration is eager to keep under wraps is the Battelle Memorial Institute, a West Jefferson, Ohio, military contract lab,  that has been selected to create the genetically engineered anthrax.
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    With more than 140 other nations already having signed on to the new proposals, the Bush administration's refusal is not sitting well around the world.  It now has this refusal -- along with the collective sense among the international community that the previous and the current biological agent experiments are, in fact, in violation of the treaty which already exists -- to put alongside its vocal opposition to what it has been calling an outdated treaty against nuclear proliferation, a move intended to clear the way for the resurrection of the Star Wars missile defense system
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    ...  Call us crazy.  But it would seem to us that the last thing we need is a more virulent strain of anthrax, especially one that might fall into the wrong hands. 

For a companion piece to this one,
see this month's Monthly Straw Poll  ...

lmc

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Lou Colasanti, Editor & Laura Wisniewski, Associate Editor
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