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Introductory Workshop on Biological Weapons Under International Law

Explore the history, prohibitions, and obligations surrounding biological weapons under international law from the 1925 Geneva Protocol to the Biological Weapons Convention.

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Introductory Workshop on Biological Weapons Under International Law

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  1. Introductory Workshop on the 8th BWC Conference Geneva 27th June 2016 Biological weapons under international law: From the 1925 Geneva Protocol to the Biological Weapons Convention Dr Caitríona McLeish The Harvard Sussex Program SPRU University of Sussex

  2. Organisation of talk • The 1925 Geneva Protocol and its antecedents • Prohibitions against the use of any type of weapon whatsoever against certain types of target • Prohibitions against the production and possession of biological weapons • Some relevant international rules since the BWC

  3. 1. The 1925 Geneva Protocol and its antecedents

  4. Antecedents to the Geneva Protocol The 1899 Hague Regulations on the Laws and Customs of War on Land Article 23(e) “It is especially prohibited … to employ poison or poisoned arms” The 1907 Hague Regulations Article 23(e) “It is especially forbidden … to employ poison or poisoned weapons” The Leiber Code, 1863, Article 70: “The use of poison in any manner, be it to poison wells, or food, or arms, is wholly excluded from modern warfare. He that uses it puts himself out of the pale of the law and usages of war.” The Brussels Declaration, 1874, Article 13(a): “employment of poison or poisoned weapons” are “especially forbidden”

  5. Original UN document, courtesy of The Sussex Harvard Information Bank

  6. “…The High Contracting Parties therefore agree absolutely to prohibit the export from their territories of any such asphyxiating, poisonous or other gases, and all analogous liquids, intended or designed for use in connection with operations in war…” Senator Theodore Burton, A.13.1925.IX, 5th May 1925 (emphasis added)

  7. “taking into consideration the fact that the means of bacteriological wars constitute a shameful weapon of modern civilization, the Polish delegation suggests applying the decisions of the conference on chemicals weapons to the bacteriological ones, too” “the results of bacteriological warfare would certainly exceed the horror of all the devastation caused by the use of chemical methods in warfare” General Kazimierz Sosnkowski, Proceedings of the Conference for the Supervision of the International Trade in Arms and Ammunition and in implements of War A.13 1925. IX, General KazimierzSosnkowski, circa 1925 Courtesy of Polish National Archive

  8. …has been justly condemned by the general opinion of the civilised world …has been declared in Treaties to which the majority of Powers of the world are Parties …this prohibition shall be universally accepted… binding alike the conscience and the practice of nations Original HM Stationary Office document, courtesy of The Sussex Harvard Information Bank

  9. 2. Prohibitions against the use of any type of weapon whatsoever against certain types of target

  10. General laws of war Principle of immunity of the civilian population Combatant and non combatant distinction 1949 Geneva Conventions and 1977 Additional Protocols: protects those not taking part in the hostilities (civilians, health workers and aid workers) and those who are no longer participating in the hostilities, (wounded, sick etc soldiers and POWs) Article 3 – non international armed conflicts Use of poison and poisoned weapons Article 23 (e) of the Hague Conventions of 1899 and 1907 “It is especially prohibited … to employ poison or poisoned arms” “It is especially forbidden … to employ poison or poisoned arms”

  11. 3. Prohibitions against the production and possession of biological weapons

  12. All known explicit reservations since 1925 Key High Contracting Party High Contracting Party with known reservations Not a High Contracting Party

  13. Known explicit reservations up to 2006 Key High Contracting Party High Contracting Party with known reservations Not a High Contracting Party

  14. …use in war… Original HM Stationary Office document, courtesy of The Sussex Harvard Information Bank

  15. Original UN document, courtesy of The Sussex Harvard Information Bank

  16. Original HM Stationary Office document, courtesy of The Sussex Harvard Information Bank

  17. ‘Negative’ obligations of the BWC

  18. ‘Positive’ obligations of the BWC

  19. 4. Since entry into force of the BWC

  20. Prosecutor v Tadic, Decision on the Defense Motion for Interlocutory Appeal on Jurisdiction. No. IT-94-I-AR72, 2nd October 1995 “What is inhumane, and consequently proscribed, in international wars, cannot but be inhumane and inadmissible in civil strife. This fundamental concept has brought about the gradual formation of general rules concerning specific weapons, rules which extend to civil strife the sweeping prohibitions relating to international armed conflicts.” International Convention for the Suppression of Terrorist Bombings 1997: 168 States Parties, 58 Signatories ‘‘lethal device’’ includes chemical, biological and radioactive weapons Statute of the International Criminal Court 1998: 124 Parties, 139 signatories “Employing poison or poisoned weapons” constitutes a war crime in international armed conflicts

  21. Contact details and acknowledgements Dr Caitríona McLeish c.a.mcleish@sussex.ac.uk @camcleish

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