Biological Weapons Convention
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The Biological Weapons Convention (BWC), or Biological and Toxin Weapons Convention (BTWC), is a
disarmament Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such a ...
treaty that effectively bans biological and toxin weapons by prohibiting their development, production, acquisition, transfer, stockpiling and use. The treaty's full name is the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction. Having entered into force on 26 March 1975, the BWC was the first multilateral disarmament treaty to ban the production of an entire category of
weapons of mass destruction A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natu ...
. The convention is of unlimited duration. As of February 2022, 184 states have become party to the treaty. Four additional states have signed but not ratified the treaty, and another nine states have neither signed nor acceded to the treaty.Report on universalization activities, 2019 Meeting of States Parties to the Biological Weapons Convention
BWC/MSP/2019/3
Geneva, 8 October 2019.
The BWC is considered to have established a strong global norm against biological weapons. This norm is reflected in the treaty's preamble, which states that the use of biological weapons would be "repugnant to the conscience of mankind". It is also demonstrated by the fact that not a single state today declares to possess or seek biological weapons, or asserts that their use in war is legitimate. In light of the rapid advances in biotechnology, biodefense expert Daniel Gerstein has described the BWC as "the most important arms control treaty of the twenty-first century". However, the convention's effectiveness has been limited due to insufficient institutional support and the absence of any formal verification regime to monitor compliance.


History

While the history of biological warfare goes back more than six centuries to the siege of Caffa in 1346, international restrictions on biological warfare began only with the 1925 Geneva Protocol, which prohibits the use but not the possession or development of chemical and biological weapons. Upon ratification of the Geneva Protocol, several countries made reservations regarding its applicability and use in retaliation. Due to these reservations, it was in practice a "
no-first-use In nuclear ethics and deterrence theory, No first use (NFU) refers to a type of pledge or policy wherein a nuclear power formally refrains from the use of nuclear weapons or other weapons of mass destruction (WMDs) in warfare, except for as a seco ...
" agreement only. In particular, it did not prevent multiple states from starting and scaling offensive biological weapons programs, including the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
(active from 1943 to 1969) and the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
(active from the 1920s until at least 1992). The American biowarfare system was terminated in 1969 by President Nixon when he issued his
Statement on Chemical and Biological Defense Policies and Programs The "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 rea ...
. Nixon, Richard.
Remarks Announcing Decisions on Chemical and Biological Defense Policies and Programs
, via The American Presidency Project, 25 November 1969, accessed 21 December 2008.
The statement ended, unconditionally, all U.S. offensive biological weapons programs.Graham, Thomas. ''Disarmament Sketches: Three Decades of Arms Control and International Law'', University of Washington Press, 2002
pp. 26-30
()
When Nixon ended the program the budget was $300 million annually. Cirincione, Joseph, et al. ''Deadly Arsenals'', p. 212. The BWC sought to supplement the Geneva Protocol and was negotiated in the Conference of the Committee on Disarmament in Geneva from 1969 to 1972, following the conclusion of the negotiation of the
Treaty on the Non-Proliferation of Nuclear Weapons The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation ...
. Of significance was a 1968 British proposal to separate consideration of chemical and biological weapons and to first negotiate a convention on biological weapons. The negotiations gained further momentum when the United States decided to unilaterally end its offensive biological weapons program in 1969 and support the British proposal. In March 1971, the Soviet Union and its allies reversed their earlier opposition to the separation of chemical and biological weapons and tabled their own draft convention. The final negotiation stage was reached when the United States and the Soviet Union submitted identical but separate drafts of the BWC text on 5 August 1971. The BWC was opened for signature on 10 April 1972 with ceremonies in London, Moscow, and Washington, D.C., and it entered into force on 26 March 1975 after the ratification by 22 states, including its three depositary governments (the Soviet Union, the United Kingdom, and the United States). There have been some concerned scientists who have called for the modernization of the BWC at the periodic Review Conferences. For example, Filippa Lentzos and Gregory Koblentz pointed out in 2016 that "crucial contemporary debates about new developments" for the BWC Review Conferences included " gain-of-function experiments, potential pandemic pathogens,
CRISPR CRISPR () (an acronym for clustered regularly interspaced short palindromic repeats) is a family of DNA sequences found in the genomes of prokaryotic organisms such as bacteria and archaea. These sequences are derived from DNA fragments of bact ...
and other genome editing technologies, gene drives, and
synthetic biology Synthetic biology (SynBio) is a multidisciplinary area of research that seeks to create new biological parts, devices, and systems, or to redesign systems that are already found in nature. It is a branch of science that encompasses a broad ran ...
".


Treaty obligations

With only 15 articles, the BWC is relatively short. Over time, the treaty has been interpreted and supplemented by additional politically binding agreements and understandings reached by its States Parties at eight subsequent Review Conferences.Implementation Support Unit (Geneva, 31 May 2016). Background information document: Additional understandings and agreements reached by previous Review Conferences relating to each article of the Convention
BWC/CONF.VIII/PC/4


Summary of key articles

* Article I: Never under any circumstances to develop, produce, stockpile, acquire, or retain biological weapons.Article I, Biological Weapons Convention.
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* 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 III, Biological Weapons Convention.
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* Article IV: To take any national measures necessary to implement the provisions of the BWC domestically.Article IV, Biological Weapons Convention.
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* Article V: Undertaking to consult bilaterally and multilaterally and cooperate in solving any problems which may arise in relation to the objective, or in the application, of the BWC.Article V, Biological Weapons Convention.
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.
* Article VI: Right to request the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, ...
to investigate alleged breaches of the BWC and undertaking to cooperate in carrying out any investigation initiated by the Security Council.Article VI, Biological Weapons Convention.
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.
* Article VII: To assist States which have been exposed to danger as a result of a violation of the BWC.Article VII, Biological Weapons Convention.
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.
* Article X: Undertaking to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and information for peaceful purposes.Article X, Biological Weapons Convention.
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.
The remaining articles concern the BWC's compatibility with the 1925 Geneva Protocol (Article VIII), negotiations to prohibit chemical weapons (Article IX), amendments (Article XI), Review Conferences (Article XII), duration (Article XIII, 1), withdrawal (Article XIII, 2), joining the convention, depositary governments, and conditions for entry into force (Article XIV, 1–5), and languages (Article XV).


Article I: Prohibition of biological weapons

Article I is the core of the BWC and requires each state "never in any circumstances to develop, produce, stockpile or otherwise acquire or retain: # 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; # weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict." Article I does not prohibit any specific biological agents or toxins as such but rather certain purposes for which they may be employed. This prohibition is known as the general-purpose criterion and is also used in Article II, 1 of the 1993
Chemical Weapons Convention The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...
(CWC). The general-purpose criterion covers all hostile uses of biological agents, including those developed in the future, and recognizes that biological agents and toxins are inherently
dual use In politics, diplomacy and export control, dual-use items refers to goods, software and technology that can be used for both civilian and military applications.
. While these agents may be employed for nefarious ends, they also have several legitimate peaceful purposes, including developing medicines and vaccines to counter natural or deliberate disease outbreaks. Against this background, Article I only considers illegitimate those types and quantities of biological agents or toxins and their means of delivery which cannot be justified by prophylactic, protective, or other peaceful purposes; regardless of whether the agents in question affect humans, animals, or plants. A disadvantage of this intent-based approach is a blurring of the line between defensive and offensive biological weapons research. While it was initially unclear during the early negotiations of the BWC whether
viruses A virus is a submicroscopic infectious agent that replicates only inside the living cells of an organism. Viruses infect all life forms, from animals and plants to microorganisms, including bacteria and archaea. Since Dmitri Ivanovsky's ...
would be regulated by it since they lie "at the edge of life"—they possess some but not all of the characteristics of life—viruses were defined as biological agents in 1969 and thus fall within the BWC's scope. While Article I does not explicitly prohibit the "use" of biological weapons as it was already considered to be prohibited by the 1925 Geneva Protocol, it is still regarded as a violation of the BWC, as reaffirmed by the final document of the Fourth Review Conference in 1996.


Article III: Prohibition of transfer and assistance

Article III bans the transfer, encouragement, assistance, or inducement of anyone, whether governments or non-state actors, in developing or acquiring any of the agents, toxins, weapons, equipment, or means of delivery specified in Article I. The article's objective is to prevent the proliferation of biological weapons by limiting the availability of materials and technology which may be used for hostile purposes.


Article IV: National implementation

Article IV obliges BWC States Parties to implement the convention's provisions domestically. This is essential to allow national authorities to investigate, prosecute, and punish any activities prohibited by the BWC; to prevent access to biological agents for harmful purposes; and to detect and respond to the potential use of biological weapons. National implementing measures may take various forms, such as legislation, regulations, codes of conduct, and others. Which implementing measures are adequate for a state depends on several factors, including its legal system, its size and geography, the development of its biotechnology industry, and its participation in regional economic cooperation. Since no one set of measures fits all states, the implementation of specific obligations is left to States Parties' discretion, based on their assessment of what will best enable them to ensure compliance with the BWC. A database of over 1,500 laws and regulations that States Parties have enacted to implement the BWC domestically is maintained by the non-governmental organization VERTIC. These concern the penal code, enforcement measures, import and export controls, biosafety and biosecurity measures, as well as domestic and international cooperation and assistance. For instance, the 1989 Biological Weapons Anti-Terrorism Act implemented the Convention for the United States. A 2016 VERTIC report concluded that there remain "significant quantitative gaps" in the BWC's legislative and regulatory implementation since "many States have yet to adopt necessary measures to give effect to certain obligations". The BWC's Implementation Support Unit issued a background information document on "strengthening national implementation" in 2018 and an update in 2019.


Article V: Consultation and cooperation

Article V requires States Parties to consult one another and cooperate in disputes concerning the purpose or implementation of the BWC. The Second Review Conference in 1986 agreed on procedures to ensure that alleged violations of the BWC would be promptly addressed at a consultative meeting when requested by a State Party. These procedures were further elaborated by the Third Review Conference in 1991. One formal consultative meeting has taken place, in 1997 at the request of Cuba.


Article VI: Complaint about an alleged BWC violation

Article VI allows States Parties to lodge a complaint with the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, ...
if they suspect a breach of treaty obligations by another state. Moreover, the article requires states to cooperate with any investigation which the Security Council may launch. As of January 2022, no state has ever used Article VI to file a formal complaint, despite several states having been accused in other fora of maintaining offensive biological weapons capabilities. The unwillingness to invoke Article VI may be explained by the highly political nature of the Security Council, where the five permanent members—China, France, Russia, the United Kingdom, and the United States—hold veto power, including over investigations for alleged treaty violations.


Article VII: Assistance after a BWC violation

Article VII obliges States Parties to provide assistance to states that so request it if the UN Security Council decides they have been exposed to danger as a result of a violation of the BWC. In addition to helping victims in the event of a biological weapons attack, the purpose of the article is to deter such attacks from occurring in the first place by reducing their potential for harm through international solidarity and assistance. Despite no state ever having invoked Article VII, the article has drawn more attention in recent years, in part due to increasing evidence of terrorist organizations being interested in acquiring biological weapons and also following various naturally occurring epidemics. In 2018, the BWC's Implementation Support Unit issued a background document describing a number of additional understandings and agreements on Article VII that have been reached at past Review Conferences.


Article X: Peaceful cooperation

Article X protects States Parties' right to exchange biological materials, technology, and information to be used for peaceful purposes. The article states that the implementation of the BWC shall avoid hampering the economic or technological development of States Parties or peaceful international cooperation on biological projects. The Seventh Review Conference in 2011 established an Article X database, which matches voluntary requests and offers for assistance and cooperation among States Parties and international organizations.


Membership and joining the BWC

The BWC has 184 States Parties as of May 2022, with
Namibia Namibia (, ), officially the Republic of Namibia, is a country in Southern Africa. Its western border is the Atlantic Ocean. It shares land borders with Zambia and Angola to the north, Botswana to the east and South Africa to the south and ea ...
the most recent to become a party. Four states have signed but not ratified the treaty:
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...
,
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
,
Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constitut ...
, and
Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
. Nine additional states have neither signed nor acceded to the treaty:
Chad Chad (; ar, تشاد , ; french: Tchad, ), officially the Republic of Chad, '; ) is a landlocked country at the crossroads of North and Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic ...
,
Comoros The Comoros,, ' officially the Union of the Comoros,; ar, الاتحاد القمري ' is an independent country made up of three islands in southeastern Africa, located at the northern end of the Mozambique Channel in the Indian Ocean. It ...
,
Djibouti Djibouti, ar, جيبوتي ', french: link=no, Djibouti, so, Jabuuti officially the Republic of Djibouti, is a country in the Horn of Africa, bordered by Somalia to the south, Ethiopia to the southwest, Eritrea in the north, and the Red ...
,
Eritrea Eritrea ( ; ti, ኤርትራ, Ertra, ; ar, إرتريا, ʾIritriyā), officially the State of Eritrea, is a country in the Horn of Africa region of Eastern Africa, with its capital and largest city at Asmara. It is bordered by Ethiopi ...
,
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
,
Kiribati Kiribati (), officially the Republic of Kiribati ( gil, ibaberikiKiribati),Kiribati
''The Wor ...
,
Micronesia Micronesia (, ) is a subregion of Oceania, consisting of about 2,000 small islands in the western Pacific Ocean. It has a close shared cultural history with three other island regions: the Philippines to the west, Polynesia to the east, ...
,
South Sudan South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of th ...
and
Tuvalu Tuvalu ( or ; formerly known as the Ellice Islands) is an island country and microstate in the Polynesian subregion of Oceania in the Pacific Ocean. Its islands are situated about midway between Hawaii and Australia. They lie east-northea ...
. For two of these 13 states not party to the convention, the process of joining is well advanced, while an additional four states have started the process. The BWC's degree of universality remains low compared to other weapons of mass destruction regimes, including the
Chemical Weapons Convention The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...
with 193 parties and the
Treaty on the Non-Proliferation of Nuclear Weapons The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation ...
with 191 parties. States can join the BWC through either ''ratification'', ''accession'' or ''succession'', in accordance with their national constitutional processes, which often require parliamentary approval. Ratification applies to states which had previously signed the treaty before it entered into force in 1975. Since then, signing the treaty is no longer possible, but states can accede to it. Succession concerns newly independent states that accept to be bound by a treaty that the predecessor state had joined. The Convention enters into force on the date when an instrument of ratification, accession, or succession is deposited with at least one of the depositary governments (the Russian Federation, the United Kingdom, and the United States). Several countries made reservations when ratifying the BWC declaring that it did 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 it imply recognition of other countries they do not recognize.


Verification and compliance


Confidence-building measures

At the Second Review Conference in 1986, BWC States Parties agreed to strengthen the treaty by exchanging annual confidence-building measures (CBMs). These politically binding reports aim to prevent or reduce the occurrence of ambiguities, doubts and suspicions, and at improving international cooperation on peaceful biological activities. CBMs are the main formal mechanism through which States Parties regularly exchange compliance-related information. After revisions by the Third, Sixth, and Seventh Review Conferences, the current CBM form requires states to provide information annually on six issues (CBM D was deleted by the Seventh Review Conference in 2011): * CBM A: (i) research centres and laboratories, and (ii) national biological defence research and development programs * CBM B: outbreaks of infectious diseases and similar occurrences caused by toxins * CBM C: efforts to promote research results * CBM E: legislation, regulations, and other measures * CBM F: past activities in offensive and/or defensive biological research and development programs * CBM G: vaccine production facilities While the number of CBM submissions has increased over time, the overall participation rate remains low at less than 50 percent. In 2018, an online CBM platform was launched to facilitate the electronic submission of CBM reports. An increasing number of states are making their CBM reports publicly available on the platform, but many reports remain only accessible to other states. The history and implementation of the CBM system have been described by the BWC Implementation Support Unit in a 2016 report to the Eighth Review Conference.


Failed negotiation of a verification protocol

Unlike the chemical or nuclear weapons regimes, the BWC lacks both a system to verify states' compliance with the treaty and a separate international organization to support the convention's effective implementation. Agreement on such a system was not feasible at the time the BWC was negotiated, largely due to Cold War politics but also due to a belief it was not necessary and that the BWC would be difficult to verify. U.S. biological weapons expert Jonathan B. Tucker commented that "this lack of an enforcement mechanism has undermined the effectiveness of the BWC, as it is unable to prevent systematic violations". Earlier drafts of the BWC included limited provisions for addressing compliance issues, but these were removed during the negotiation process. Some countries attempted to reintroduce these provisions when the BWC text was submitted to the General Assembly in 1971 but were unsuccessful, as were attempts led by Sweden at the First Review Conference in 1980. Following the end of the
Cold War The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because t ...
, a long negotiation process to add a verification mechanism began in 1991, when the Third Review Conference established an expert group on verification, VEREX, with the mandate to identify and examine potential verification measures from a scientific and technical standpoint. During four meetings in 1992 and 1993, VEREX considered 21 verification measures, including inspections of facilities, monitoring relevant publications, and other on-site and off-site measures. Another stimulus came from the successful negotiation of the
Chemical Weapons Convention The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...
, which opened for signature in 1993. Subsequently, a Special Conference of BWC States Parties in 1994 considered the VEREX report and decided to establish an Ad Hoc Group to negotiate a legally-binding verification protocol. The Ad Hoc Group convened 24 sessions between 1995 and 2001, during which it negotiated a draft protocol to the BWC which would establish an international organization and introduce a verification system. This organization would employ inspectors who would regularly visit declared biological facilities on-site and could also investigate specific suspect facilities and activities. Nonetheless, states found it difficult to agree on several fundamental issues, including export controls and the scope of on-site visits. By early 2001, the "rolling text" of the draft protocol still contained many areas on which views diverged widely. In March 2001, a 210-page draft protocol was circulated by the chairman of the Ad Hoc Group, which attempted to resolve the contested issues.Ad Hoc Group (April 2001). Protocol to the Biological Weapons Convention
BWC/AD HOC GROUP/CRP.8
However, at the 24th session of the Ad Hoc Group in July 2001 the George W. Bush administration rejected both the draft protocol circulated by the Group's Chairman and the entire approach on which the draft was based, resulting in the collapse of the negotiation process. To justify its decision, the United States asserted that the protocol would not have improved BWC compliance and would have harmed U.S. national security and commercial interests. Many analysts, including
Matthew Meselson Matthew Stanley Meselson (born May 24, 1930) is a geneticist and molecular biologist currently at Harvard University, known for his demonstration, with Franklin Stahl, of semi-conservative DNA replication. After completing his Ph.D. under Li ...
and Amy Smithson, criticized the U.S. decision as undermining international efforts against non-proliferation and as contradicting U.S. government rhetoric regarding the alleged biological weapons threat posed by Iraq and other U.S. adversaries. In subsequent years, calls for restarting negotiations on a verification protocol have been repeatedly voiced. For instance, during the 2019 Meeting of Experts "several States Parties stressed the urgency of resuming multilateral negotiations aimed at concluding a non-discriminatory, legally-binding instrument dealing with (...) verification measures".Chairperson of the 2019 Meeting of Experts on Institutional Strengthening of the Convention (Geneva, 4 October 2019). Summary Report
BWC/MSP/2019/MX.5/2
However, since "some States Parties did not support the negotiation of a protocol to the BWC" it seems "neither realistic nor practicable to return to negotiations". Notably, the Biden administration seems to reconsider the U.S. position on verification, as demonstrated by U.S. ambassador Bonnie Jenkins calling on the 2021 BWC Meeting of States Parties to "establish a new expert working group to examine possible measures to strengthen implementation of the Convention, increase transparency, and enhance assurance of compliance".


Non-compliance

A number of BWC States Parties have been accused of breaching the convention's obligations by developing or producing biological weapons. Because of the intense secrecy around biological weapons programs, it is challenging to assess the actual scope of biological activities and whether they are legitimate defensive programs or a violation of the Convention—except for a few cases with an abundance of evidence for offensive development of biological weapons.


Soviet Union and Russia

Despite being a party and depositary to the BWC, the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
has operated the world's largest, longest, and most sophisticated biological weapons program, which goes back to the 1920s under the
Red Army The Workers' and Peasants' Red Army (Russian language, Russian: Рабо́че-крестья́нская Кра́сная армия),) often shortened to the Red Army, was the army and air force of the Russian Soviet Federative Socialist R ...
. Around the time when the BWC negotiations were finalized, and the treaty was signed in the early 1970s, the Soviet Union significantly expanded its covert biological weapons program under the oversight of the "civilian" institution
Biopreparat The All-Union Science Production Association Biopreparat (russian: Биопрепарат, p=bʲɪəprʲɪpɐˈrat, lit: "biological preparation") was the Soviet agency created in April 1974, which spearheaded the largest and most sophisticated ...
within the Soviet Ministry of Health. The Soviet program employed up to 65,000 people in several hundred facilities and successfully weaponized several pathogens, such as those responsible for
smallpox Smallpox was an infectious disease caused by variola virus (often called smallpox virus) which belongs to the genus Orthopoxvirus. The last naturally occurring case was diagnosed in October 1977, and the World Health Organization (WHO) c ...
, tularemia,
bubonic plague Bubonic plague is one of three types of plague caused by the plague bacterium ('' Yersinia pestis''). One to seven days after exposure to the bacteria, flu-like symptoms develop. These symptoms include fever, headaches, and vomiting, as wel ...
,
influenza Influenza, commonly known as "the flu", is an infectious disease caused by influenza viruses. Symptoms range from mild to severe and often include fever, runny nose, sore throat, muscle pain, headache, coughing, and fatigue. These symptom ...
,
anthrax Anthrax is an infection caused by the bacterium '' Bacillus anthracis''. It can occur in four forms: skin, lungs, intestinal, and injection. Symptom onset occurs between one day and more than two months after the infection is contracted. The s ...
, glanders, and Marburg fever. The Soviet Union first drew much suspicion of violating its obligations under the BWC after an unusual anthrax outbreak in 1979 in the Soviet city of Sverdlovsk (formerly, and now again,
Yekaterinburg Yekaterinburg ( ; rus, Екатеринбург, p=jɪkətʲɪrʲɪnˈburk), alternatively romanized as Ekaterinburg and formerly known as Sverdlovsk ( rus, Свердло́вск, , svʲɪrˈdlofsk, 1924–1991), is a city and the administra ...
) resulted in the deaths of approximately 65 to 100 people. The Soviet authorities blamed the outbreak on the consumption of contaminated meat and for years denied any connection between the incident and biological weapons research. However, investigations concluded that the outbreak was caused by an accident at a nearby military microbiology facility, resulting in the escape of an aerosol of anthrax pathogen. Supporting this finding, Russian President
Boris Yeltsin Boris Nikolayevich Yeltsin ( rus, Борис Николаевич Ельцин, p=bɐˈrʲis nʲɪkɐˈla(j)ɪvʲɪtɕ ˈjelʲtsɨn, a=Ru-Boris Nikolayevich Yeltsin.ogg; 1 February 1931 – 23 April 2007) was a Soviet and Russian politician wh ...
later admitted that "our military developments were the cause". Western concerns about Soviet compliance with the BWC increased during the late 1980s and were supported by information provided by several defectors, including
Vladimir Pasechnik Vladimir Artemovich Pasechnik (12 October 1937 Stalingrad, USSR – 21 November 2001, Wiltshire, England) was a senior Soviet biologist and bioweaponeer who defected to the United Kingdom in 1989, alerting Western intelligence to the vast scope ...
and
Ken Alibek Kanatzhan "Kanat" Alibekov ( kk, Қанатжан Байзақұлы Әлібеков, Qanatjan Baizaqūly Älıbekov; russian: Канатжан Алибеков, Kanatzhan Alibekov; born 1950), known as Kenneth "Ken" Alibek since 1992, is a Kazak ...
. American President George H. W. Bush and British Prime Minister
Margaret Thatcher Margaret Hilda Thatcher, Baroness Thatcher (; 13 October 19258 April 2013) was Prime Minister of the United Kingdom from 1979 to 1990 and Leader of the Conservative Party from 1975 to 1990. She was the first female British prime ...
therefore directly challenged President Gorbachev with the information. After the Soviet Union's dissolution, the United Kingdom, the United States, and Russia concluded the Trilateral Agreement on 14 September 1992, reaffirming their commitment to full compliance with the BWC and declaring that Russia had eliminated its inherited offensive biological weapons program. The agreement's objective was to uncover details about the Soviet's biological weapons program and to verify that all related activities had truly been terminated. David Kelly, a British expert on biological warfare and participant in the visits arranged under the Trilateral Agreement, concluded that, on the one hand, the agreement "was a significant achievement" in that it "provided evidence of Soviet non-compliance from 1975 to 1991"; on the other hand, Kelly noted that the Trilateral Agreement "failed dramatically" because Russia did not "acknowledge and fully account for either the former Soviet programme or the biological weapons activities that it had inherited and continued to engage in". Milton Leitenberg and Raymond Zilinskas, authors of the 2012 book ''The Soviet Biological Weapons Program: A History'', assert that Russia may still continue parts of the Soviet biological weapons program today. Similarly, as of 2021, the
U.S. Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
"assesses that the Russian Federation (Russia) maintains an offensive iological weaponsprogram and is in violation of its obligation under Articles I and II of the BWC. The issue of compliance by Russia with the BWC has been of concern for many years".


Iraq

Starting around 1985 under
Saddam Hussein Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...
's leadership,
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
weaponized
anthrax Anthrax is an infection caused by the bacterium '' Bacillus anthracis''. It can occur in four forms: skin, lungs, intestinal, and injection. Symptom onset occurs between one day and more than two months after the infection is contracted. The s ...
,
botulinum toxin Botulinum toxin, or botulinum neurotoxin (BoNT), is a neurotoxic protein produced by the bacterium ''Clostridium botulinum'' and related species. It prevents the release of the neurotransmitter acetylcholine from axon endings at the neurom ...
,
aflatoxin Aflatoxins are various poisonous carcinogens and mutagens that are produced by certain molds, particularly ''Aspergillus'' species. The fungi grow in soil, decaying vegetation and various staple foodstuffs and commodities such as hay, sweetcorn ...
, and other agents, and created delivery vehicles, including bombs, missile warheads, aerosol generators, and spray systems. Thereby, Iraq breached the provisions of the BWC, which it had signed in 1972, although it only ratified the Convention in 1991 as a condition of the cease-fire agreement that ended the 1991 Gulf War. The Iraqi biological weapons program—along with its chemical weapons program—was uncovered after the
Gulf War The Gulf War was a 1990–1991 armed campaign waged by a 35-country military coalition in response to the Iraqi invasion of Kuwait. Spearheaded by the United States, the coalition's efforts against Iraq were carried out in two key phases: ...
through the investigations of the United Nations Special Commission (UNSCOM), which was responsible for disarmament in post-war Iraq. Iraq deliberately obstructed, delayed, and deceived the UNSCOM investigations and only admitted to having operated an offensive biological weapons program under significant pressure in 1995. While Iraq maintained that it ended its biological weapons program in 1991, many analysts believe that the country violated its BWC obligations by continuing the program until at least 1996.


Other accusations of non-compliance

In April 1997,
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribb ...
invoked the provisions of Article V to request a formal consultative meeting to consider its allegations that the United States introduced the crop-eating insect '' Thrips palmi'' to Cuba via crop-spraying planes in October 1996. Cuba and the United States presented evidence for their diverging views on the incident in a formal consultation in August 1997. Having reviewed the evidence, twelve States Parties submitted reports, of which nine concluded that the evidence did not support the Cuban allegations, and two (China and Vietnam) maintained it was inconclusive. At the Fifth BWC Review Conference in 2001, the United States charged four BWC States Parties—
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
,
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
,
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to the east, Suda ...
, and
North Korea North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korean Peninsula and shares borders with China and Russia to the north, at the Yalu (Amnok) and T ...
—and one signatory,
Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
, with operating covert biological weapons programs. Moreover, a 2019 report from the U.S. Department of State raises concerns regarding BWC compliance in
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
,
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
, North Korea, and Iran. The report concluded that North Korea "has an offensive biological weapons program and is in violation of its obligations under Articles I and II of the BWC" and that Iran "has not abandoned its (...) development of biological agents and toxins for offensive purposes". In recent years, Russia has repeatedly alleged that the United States is supporting and operating biological weapons facilities in the Caucasus and Central Asia, in particular the Richard Lugar Center for Public Health Research in the Republic of Georgia. The U.S. Department of State called these allegations "groundless" and reaffirmed that "all U.S. activities (...) ereconsistent with the obligations set forth in the Biological Weapons Convention". Biological weapons expert Filippa Lentzos agreed that the Russian allegations are "unfounded" and commented that they are "part of a disinformation campaign". Similarly, Swedish
biodefense Biodefense refers to measures to restore biosecurity to a group of organisms who are, or may be, subject to biological threats or infectious diseases. Biodefense is frequently discussed in the context of biowar or bioterrorism, and is generall ...
specialists Roger Roffey and Anna-Karin Tunemalm called the allegations "a Russian propaganda tool".


Implementation Support Unit

After a decade of negotiations, the major effort to institutionally strengthen the BWC failed in 2001, which would have resulted in a legally binding protocol to establish an Organization for the Prohibition of Biological Weapons (OPBW). Against this background, the Sixth Review Conference in 2006 created an Implementation Support Unit (ISU) funded by the States Parties to the BWC and housed in the Geneva Branch of the United Nations Office for Disarmament Affairs. The unit's mandate is to provide administrative support, assist the national implementation of the BWC, encourage the treaty's universal adoption, pair assistance requests and offers, and oversee the confidence-building measures process. With a staff size of only three and a budget smaller than the average McDonald's restaurant, the ISU does not compare with the institutions established to deal with chemical or nuclear weapons. For example, the
Organisation for the Prohibition of Chemical Weapons The Organisation for the Prohibition of Chemical Weapons (OPCW) is an intergovernmental organisation and the implementing body for the Chemical Weapons Convention (CWC), which entered into force on 29 April 1997. The OPCW, with its 193 member ...
(OPCW) has about 500 employees, the
International Atomic Energy Agency The International Atomic Energy Agency (IAEA) is an intergovernmental organization that seeks to promote the peaceful use of nuclear energy and to inhibit its use for any military purpose, including nuclear weapons. It was established in 195 ...
employs around 2,600 people, and the CTBTO Preparatory Commission employs around 280 staff.


Review Conferences

States Parties have formally reviewed the operation of the BWC at periodic Review Conferences held every five years; the first took place in 1980. The objective of these conferences is to ensure the effective realization of the convention's goals and, in accordance with Article XII, to "take into account any new scientific and technological developments relevant to the Convention".Article XII, Biological Weapons Convention.
Wikisource Wikisource is an online digital library of free-content textual sources on a wiki, operated by the Wikimedia Foundation. Wikisource is the name of the project as a whole and the name for each instance of that project (each instance usually re ...
.
Most Review Conferences have adopted additional understandings or agreements that have interpreted or elaborated the meaning, scope, and implementation of BWC provisions. These additional understandings are contained in the final documents of the Review Conferences and in an overview document prepared by the BWC Implementation Support Unit for the Eighth Review Conference in 2016.


Intersessional program

As agreed at the Fifth Review Conference in 2001/2002, annual BWC meetings have been held between Review Conferences starting in 2003, referred to as the intersessional program. The intersessional program includes both annual Meetings of States Parties (MSP)—aiming to discuss, and promote common understanding and effective action on the topics identified by the Review Conference—as well as Meetings of Experts (MX), which serve as preparation for the Meeting of States Parties. The annual meetings do not have the mandate to adopt decisions, a privilege reserved for the Review Conferences which consider the results from the intersessional program.


Challenges


Potential misuse of rapid scientific and technological developments

Advances in science and technology are relevant to the BWC since they may affect the threat presented by biological weapons. The ongoing advances in
synthetic biology Synthetic biology (SynBio) is a multidisciplinary area of research that seeks to create new biological parts, devices, and systems, or to redesign systems that are already found in nature. It is a branch of science that encompasses a broad ran ...
and enabling technologies are eroding the technological barriers to acquiring and genetically enhancing dangerous pathogens and using them for hostile purposes. For example, a 2019 report by the
Stockholm International Peace Research Institute Stockholm International Peace Research Institute (SIPRI) is an international institute based in Stockholm. It was founded in 1966 and provides data, analysis and recommendations for armed conflict, military expenditure and arms trade as well ...
finds that "advances in three specific emerging technologies—
additive manufacturing 3D printing or additive manufacturing is the construction of a three-dimensional object from a CAD model or a digital 3D model. It can be done in a variety of processes in which material is deposited, joined or solidified under computer co ...
(AM),
artificial intelligence Artificial intelligence (AI) is intelligence—perceiving, synthesizing, and inferring information—demonstrated by machines, as opposed to intelligence displayed by animals and humans. Example tasks in which this is done include speech ...
(AI) and
robotics Robotics is an interdisciplinary branch of computer science and engineering. Robotics involves design, construction, operation, and use of robots. The goal of robotics is to design machines that can help and assist humans. Robotics integrat ...
—could facilitate, each in their own way, the development or production of biological weapons and their delivery systems". Similarly, biological weapons expert Filippa Lentzos argues that the convergence of genomic technologies with "machine learning,
automation Automation describes a wide range of technologies that reduce human intervention in processes, namely by predetermining decision criteria, subprocess relationships, and related actions, as well as embodying those predeterminations in machines ...
,
affective computing Affective computing is the study and development of systems and devices that can recognize, interpret, process, and simulate human affects. It is an interdisciplinary field spanning computer science, psychology, and cognitive science. While so ...
, and robotics (...)
ill ILL may refer to: * ''I Love Lucy'', a landmark American television sitcom * Illorsuit Heliport (location identifier: ILL), a heliport in Illorsuit, Greenland * Institut Laue–Langevin, an internationally financed scientific facility * Interlibrar ...
create the possibility of novel biological weapons that target particular groups of people and even individuals". On the other hand, these scientific developments may improve pandemic preparedness by strengthening prevention and response measures.


Technological challenges in the verification of biological weapons

There are several reasons why biological weapons are especially difficult to verify. First, in contrast to chemical and nuclear weapons, even small initial quantities of biological agents can be used to quickly produce militarily significant amounts. Second, biotechnological equipment and even dangerous pathogens and toxins cannot be prohibited altogether since they also have legitimate peaceful or defensive purposes, including the development of vaccines and medical therapies. Third, it is possible to rapidly eliminate biological agents, which makes short-notice inspections less effective in determining whether a facility produces biological weapons. For these reasons, Filippa Lentzos notes that "it is not possible to verify the BWC with the same level of accuracy and reliability as the verification of nuclear treaties".


Financial health of the Convention

BWC intersessional program meetings have recently been impeded by late payments and non-payments of financial contributions. BWC States Parties agreed at the Meeting of States Parties in 2018, which was cut short due to funding shortfalls, on a package of remedial financial measures including the establishment of a Working Capital Fund.Report of the 2018 Meeting of States Parties
BWC/MSP/2018/6
Geneva, 11 December 2018.
This fund is financed by voluntary contributions and provides short-term financing in order to ensure the continuity of approved programs and activities. Live information on the financial status of the BWC and other disarmament conventions is available publicly on the financial dashboard of the United Nations Office for Disarmament Affairs.


See also


Biological weapons and warfare

* Australia Group of countries controlling exports to prevent the spread of biological and chemical weapons *
Biological weapons A biological agent (also called bio-agent, biological threat agent, biological warfare agent, biological weapon, or bioweapon) is a bacterium, virus, protozoan, parasite, fungus, or toxin that can be used purposefully as a weapon in bioterrorism ...
*
Biological warfare Biological warfare, also known as germ warfare, is the use of biological toxins or infectious agents such as bacteria, viruses, insects, and fungi with the intent to kill, harm or incapacitate humans, animals or plants as an act of war. ...
* Biological terrorism * Geneva Protocol, the first treaty to prohibit the use of biological and chemical weapons * International pandemic treaty * United Nations Security Council Resolution 1540, resolution to curb the proliferation of weapons of mass destruction, particularly to non-state actors


Treaties for other types of weapons of mass destruction

*
Chemical Weapons Convention The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...
(CWC) ( states parties) *
Nuclear Non-Proliferation Treaty The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation ...
(NPT) ( states parties) *
Treaty on the Prohibition of Nuclear Weapons The Treaty on the Prohibition of Nuclear Weapons (TPNW), or the Nuclear Weapon Ban Treaty, is the first legally binding international agreement to comprehensively prohibit nuclear weapons with the ultimate goal being their total elimination. It ...
(TPNW) ( states parties) * Comprehensive Nuclear Test-Ban Treaty (CTBT) ( states parties)


References


External links

* Official resources created by the United Nations Office for Disarmament Affairs *
Official website of the Biological Weapons Convention
*
Full text of the Biological Weapons Convention
Treaty Database *
Brochure: The Biological Weapons Convention: An Introduction
*
Meetings Place
A page with details on disarmament meetings, including documents and presentations. **
BWC Meeting of States Parties
**
BWC Meetings of Experts
*
Electronic Confidence-Building Measures facility
*
Article X cooperation and assistance database
* External resources **
Treaties and Regimes: The Biological Weapons Convention
,
Nuclear Threat Initiative The Nuclear Threat Initiative, generally referred to as NTI, is a non-profit organization located in Washington, D.C. The American foreign policy think tank was founded in 2001 by former U.S. Senator Sam Nunn and describes itself as a "nonprofi ...
**
The Biological Weapons Convention (BWC) at a Glance
,
Arms Control Association The Arms Control Association is a United States-based nonpartisan membership organization founded in 1971, with the self-stated mission of "promoting public understanding of and support for effective arms control policies." The group publishes th ...
**
The Historical Context of the Origins of the Biological Weapons Convention (BWC)
,
University College London , mottoeng = Let all come who by merit deserve the most reward , established = , type = Public research university , endowment = £143 million (2020) , budget = ...
***
Understanding Biological Disarmament: Final Report
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