Biological Weapons Convention
Encyclopedia
The Convention was the result of prolonged efforts by the international community to establish a new instrument that would supplement the 1925 Geneva Protocol
Geneva Protocol
The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, usually called the Geneva Protocol, is a treaty prohibiting the first use of chemical and biological weapons. It was signed at Geneva on June 17, 1925 and entered...
. The Geneva Protocol prohibited use but not possession or development of chemical and biological weapons.
A draft of the BWC, submitted by the British was opened for signature on April 10, 1972 and entered into force March 26, 1975 when twenty-two governments had deposited their instruments of ratification. It currently commits the 165 states that are party to it to prohibit the development, production, and stockpiling of biological and toxin weapons. However, the absence of any formal verification regime to monitor compliance has limited the effectiveness of the Convention. (Note: As of October 2011, an additional 12 states have signed the BWC but have yet to ratify it)
The scope of the Biological Weapons Covention’s prohibition is defined in Article 1 (the so-called general purpose criterion). This includes all microbial and other biological agents or toxins and their means of delivery (with exceptions for medical and defensive purposes in small quantities). Subsequent Review Conferences have reaffirmed that the general purpose criterion encompasses all future scientific and technological developments relevant to the Convention. It is not the objects themselves (biological agents or toxins), but rather certain purposes for which they may be employed which are prohibited; similar to Art.II, 1 in the Chemical Weapons Convention
Chemical Weapons Convention
The Chemical Weapons Convention is an arms control agreement which outlaws the production, stockpiling and use of chemical weapons. Its full name is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction...
(CWC). Permitted purposes under the BWC are defined as prophylactic, protective and other peaceful purposes. The objects may not be retained in quantities that have no justification or which are inconsistent with the permitted purposes.
As stated in Article 1 of the BWC:
"Each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain:
- (1) Microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes;
- (2) Weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict."
Summary
- Article I: Never under any circumstances to acquire or retain biological weapons.
- Article II: To destroy or divert to peaceful purposes biological weapons and associated resources prior to joining.
- Article III: Not to transfer, or in any way assist, encourage or induce anyone else to acquire or retain biological weapons.
- Article IV: To take any national measures necessary to implement the provisions of the BWC domestically.
- Article V: To consult bilaterally and multilaterally to solve any problems with the implementation of the BWC.
- Article VI: To request the UN Security Council to investigate alleged breaches of the BWC and to comply with its subsequent decisions.
- Article VII: To assist States which have been exposed to a danger as a result of a violation of the BWC.
- Article X: To do all of the above in a way that encourages the peaceful uses of biological scienceBiologyBiology is a natural science concerned with the study of life and living organisms, including their structure, function, growth, origin, evolution, distribution, and taxonomy. Biology is a vast subject containing many subdivisions, topics, and disciplines...
and technologyTechnologyTechnology is the making, usage, and knowledge of tools, machines, techniques, crafts, systems or methods of organization in order to solve a problem or perform a specific function. It can also refer to the collection of such tools, machinery, and procedures. The word technology comes ;...
.
Membership
The Biological Weapons Convention has 165 States Parties. The Republic of ChinaRepublic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
(Taiwan) had deposited an insrument of ratification before the changeover of the United Nations seat to the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
.
Several countries have declared reservations
Reservation (law)
A reservation in international law is a caveat to a state's acceptance of a treaty. By the 1969 Vienna Convention on the Law of Treaties , a reservation is defined as a...
, in that their agreement to the Treaty should not imply their complete satisfaction that the Treaty allows the stockpiling of biological agents and toxins for 'prophylactic, protective or other peaceful purposes', nor should the Treaty imply recognition of other countries they do not recognise.
Verification and compliance issues
A long process of negotiation to add a verification mechanism began in the 1990s. Previously, at the second Review Conference of State Parties in 1986 member states agreed to strengthen the treaty by reporting annually Confidence Building Measures (CBMs) to the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. The following Review Conference in 1991 established a group of government experts (known as VEREX). Negotiations towards an internationally-binding verification protocol to the BWC took place between 1995 and 2001 in a forum known as the Ad Hoc Group. On 25 July 2001, the Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
administration, after conducting a review of policy on biological weapons, decided that the proposed protocol did not suit the national interests of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Review Conferences
States Parties have formally reviewed the operation of the BWC at review conferences held in 1980, 1986, 1991, 1996, 2001/2002 and 2006. During these review conferences, States Parties have reaffirmed that the scope of the Convention extends to new scientific and technological developments, and have also instituted confidence-building data-exchanges in order to enhance transparency and strengthen the BWC. Review conferences, other than the Fifth, adopted additional understandings or agreements that have interpreted, defined or elaborated the meaning or scope of a BWC provision, or that have provided instructions, guidelines or recommendations on how a provision should be implemented. These additional understandings are contained in the Final Declarations of the Review Conferences.Fifth Review Conference
The Fifth Review Conference took place in November/December 2001, not long after 9/11 and the anthraxAnthrax
Anthrax is an acute disease caused by the bacterium Bacillus anthracis. Most forms of the disease are lethal, and it affects both humans and other animals...
scare. Disagreement over certain issues, especially the fate of the Ad Hoc Group, made agreement on any final declaration impossible. The Conference was suspended for one year. When it was reconvened in November 2002, the Fifth Review Conference decided to hold annual meetings of States Parties over the inter-sessional period leading up to the Review Conference in 2006 to discuss and promote common understanding and effective action on a range of topics.
Agreement was reached on convening annual one-week long "Meeting of States Parties" that would be preceded earlier in the year by a two-week "Meeting of Experts" who would look at specific list of topics:
- 2003: National mechanisms to establish and maintain the security and oversight of pathogenic micro-organisms and toxins.
- 2004: Enhancing international capabilities for responding to, investigating and mitigating the effects of cases of alleged use of biological or toxin weapons or suspicious outbreaks of diseaseDiseaseA disease is an abnormal condition affecting the body of an organism. It is often construed to be a medical condition associated with specific symptoms and signs. It may be caused by external factors, such as infectious disease, or it may be caused by internal dysfunctions, such as autoimmune...
. - 2004: Strengthening and broadening the capabilities for international institutions to detect and respond to the outbreak of infectious diseases (including diseases affecting plants and animals).
- 2005: Codes of conductCode of ConductA code of conduct is a set of rules outlining the responsibilities of or proper practices for an individual, party or organization. Related concepts include ethical codes and honor codes....
for scientists.
Sixth Review Conference
In the final document of the Sixth Review Conference, held in 2006, it simply "notes" that the meetings "functioned as an important forum for exchange of national experiences and in depth deliberations among States Parties" and that they "engendered greater common understanding on steps to be taken to further strengthen the implementation of the Convention". The Conference "endorses the consensus outcome documents" from the Meeting of States Parties.The Sixth Review Conference agreed to establish a second Inter-Sessional Process. The topics agreed upon were:
i. Ways and means to enhance national implementation, including enforcement of national legislation, strengthening of national institutions and coordination among national law enforcement institutions.
ii. Regional and sub regional cooperation on BWC implementation.
iii. National, regional and international measures to improve biosafety and biosecurity, including laboratory safety and security of pathogens and toxins.
iv. Oversight, education, awareness raising, and adoption and/or development of codes of conduct with the aim to prevent misuse in the context of advances in bio science and bio technology research with the potential of use for purposes prohibited by the Convention.
v. With a view to enhancing international cooperation, assistance and exchange in biological sciences and technology for peaceful purposes, promoting capacity building in the fields of disease surveillance, detection, diagnosis, and containment of infectious diseases: (1) for States Parties in need of assistance, identifying requirements and requests for capacity enhancement, and (2) from States Parties in a position to do so, and international organizations, opportunities for providing assistance related to these fields.
vi. Provision of assistance and coordination with relevant organizations upon request by any State Party in the case of alleged use of biological or toxin weapons, including improving national capabilities for disease surveillance, detection and diagnosis and public health systems.
Topics i and ii were dealt with in 2007, iii and iv in 2008, v in 2009, and vi in 2010. For the second Inter-Sessional Process, the Meetings of Experts for each year was reduced to one week.
Seventh Review Conference
The Seventh Review Conference is scheduled to be held in Geneva from 5 to 22 December 2011.See also
- Statement on Chemical and Biological Defense Policies and ProgramsStatement on Chemical and Biological Defense Policies and ProgramsThe "Statement on Chemical and Biological Defense Policies and Programs" was a speech delivered on November 25, 1969, by U.S. President Richard Nixon. In the speech, Nixon announced the end of the U.S. offensive biological weapons program and reaffirmed a no-first-use policy for chemical weapons...
- Weapons of mass destructionWeapons of mass destructionA weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
- Chemical Weapons ConventionChemical Weapons ConventionThe Chemical Weapons Convention is an arms control agreement which outlaws the production, stockpiling and use of chemical weapons. Its full name is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction...
External links
- The Biological Weapons Convention website
- Unofficial Biological and Toxin Weapons Convention website
- BWC 2011 Briefing Book website
- Text of the Treaty at the Center for a World in Balance
- Full Text of the Biological Weapons Convention
- UN's Biological Weapons Convention webpage
- Failed establishment of an international Organisation for the Prohibition of Biological Weapons (OPBW)
- Russian Biological and Chemical Weapons, a useful page about non-state weapons transfers with a lot of information regarding the BWC's shortcomings.
- Enforcing non-proliferation: The European Union and the 2006 BTWC Review Conference, Chaillot Paper No. 93, November 2006, European Union Institute for Security StudiesEuropean Union Institute for Security StudiesThe European Union Institute for Security Studies is a Paris-based EU agency of the Common Foreign and Security Policy . Its goals are to find a common security culture for the EU, to help develop and project the CFSP, and to enrich Europe’s strategic debate.The EUISS is an autonomous agency with...