Article XII consists of four paragraphs. This Article establishes mechanisms that the Conference may utilize to enforce the Convention.
Paragraph 1 of Article XII obligates the Conference to take steps, as provided for in this Article, to deal with cases of non-compliance with the Convention, taking into account actions by the Executive Council. Specifically, this paragraph states that the Conference shall take the necessary measures, as set forth in paragraphs 2 (restriction or suspension of rights and privileges), 3 (collective measures) and 4 (referral to the United Nations), to ensure compliance with the Convention and to redress and remedy any situation that contravenes the provisions of the Convention. This paragraph further states that in considering action pursuant to this paragraph, the Conference shall take into account all information and recommendations on the issues submitted by the Executive Council.
Paragraph 2 of Article XII gives the Conference the power, subject to Executive Council recommendation, to restrict or suspend a State Party's rights and privileges under the Convention if the State Party has not responded to an Executive Council request for action regarding suspected non-compliance. Specifically, this paragraph states that in cases where a State Party has been asked by the Executive Council to take measures to redress a situation raising problems with regard to its compliance, and where the State Party fails to fulfill the request within the specified time, the Conference may, inter alia, upon the recommendation of the Executive Council, restrict or suspend the State Party's rights and privileges under the Convention until it undertakes the necessary action to conform with its obligations under the Convention.
Note that the power of the Executive Council to request that a State Party take measures to redress a situation is contained in paragraph 36 of Article VIII, which states that in its consideration of doubts or concerns regarding compliance and cases of non-compliance, including, inter alia, abuse of rights provided for under the Convention, the Executive Council shall consult with the States Parties involved and, as appropriate, request the State Party to take measures to redress the situation within a specified time.
Note also that when the action contemplated by the Conference is the restriction or suspension of the rights and privileges of a State Party, the Conference may not act unless there has been a prior Executive Council recommendation to restrict or suspend the rights and privileges of a State Party. (Paragraph 36 (c) of Article VIII provides that the Executive Council may make recommendations to the Conference regarding measures to redress a situation and to ensure compliance.) The requirements of paragraph 2 thus go beyond the paragraph 1 requirement that the Conference "take into account" the recommendations of the Executive Council.
Paragraph 3 of Article XII states that in cases where serious damage to the object and purpose of the Convention may result from activities prohibited under the Convention, in particular by Article I, the Conference may recommend collective measures to States Parties in conformity with international law. Thus, the Conference is given the power to recommend collective action by States Parties in cases of a serious breach of the Convention, particularly for violations of the prohibitions on the development, production, acquisition, stockpiling, retention, transfer, military preparation for use or use of chemical weapons, violations of the destruction requirements, or violations of the prohibitions on the use of riot control agents as a method of warfare.
Note that the Conference does not have the power to impose collective measures, only to recommend them. Note also that while the title of Article XII refers to sanctions as an example of measures to redress a situation and to ensure compliance, this paragraph on collective measures, as well as the rest of the text of Article XII, does not specifically mention sanctions. However, it is understood that the term "collective measures" is intended to include, but is not limited to, sanctions.
Paragraph 4 of Article XII requires the Conference to bring very serious breaches of the Convention to the attention of the UN. Specifically, this paragraph states that the Conference shall in cases of particular gravity, bring the issue, including relevant information and conclusions, to the attention of the UN General Assembly and the UN Security Council.