In the face of this extraordinary pressure, Mr. Bustani has steadfastly refused to resign – pointing to the importance of the Director General being able to act independently free of undue influence or pressure. His determination is to be admired and is worthy of support. At stake here is the multilateral nature of the machinery used for monitoring compliance with the Convention. The multilateral element is essential in order to ensure that the verification rules and procedures are applied equally to all member States with no preferential treatment. The office of Director General represents the Convention’s multilateral community. The US does not.

The US has shown no legal grounds upon which Mr Bustani can be dismissed. Actions taken by the Director General could become grounds for dismissal if he were guilty of corrupt practice, or if he were to disregard directions given to him by the Conference of the States Parties or the Executive Council, or if his actions exceeded his legal powers. But nothing in the US list of complaints has alleged behaviour of this nature. Where such factors are absent, the Director General is protected by a traditional treaty clause mandating the independence of his office and forbidding States Parties to seek to influence him in the discharge of his responsibilities. Furthermore, there is no provision in the Convention that allows for dismissal of a Director General during his term of office.