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National Implementation: Ensuring Effective national Laws on Nuclear, Biological and Chemical Weapons
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Treaties/UN resolutions/bilateral & multilateral agreements

Biological Weapons

introduction

The 1972 Biological Weapons Convention (BWC) opened for signature in 1972 and entered into force in 1975. It was the first multilateral disarmament treaty banning an entire category of weapons. It effectively prohibits the development, production, acquisition, transfer, retention, stockpiling and use of biological and toxin weapons and is a key element in the international community’s efforts to address the proliferation of weapons of mass destruction. It is also referred to as the Biological and Toxin Weapons Convention (BTWC).

States parties to the BWC undertake ‘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.’

As of August 2007, the BWC has 158 states parties and 16 signatories. There are 21 states which have neither signed nor ratified the Convention. The depositary states are Russia, the United Kingdom and the United States.

There is no secretariat for the BWC. In July 2007, however, an Implementation Support Unit (ISU) was established in the UN Office of Disarmament Affairs (ODA) branch in Geneva to provide administrative support to, and prepare documentation for, meetings agreed by the Review Conference. Upon request, the ISU also facilitates communication among states parties, international organizations, and scientific and academic institutions, as well as non-governmental organizations. It serves as a focal point for submission of information by and to states parties, and will support, as appropriate, the implementation by the states parties of the decisions and recommendations of the Sixth Review Conference (held in 2006 in Geneva). It is also tasked with facilitating the exchange of Confidence-Building Measures (CBMs) among state parties.

The complementary nature of the 1925 Geneva Protocol and the BWC is affirmed both in the Preamble and in Article VIII of the BWC. The Geneva Protocol of 1925 was drawn up and signed at the conference for the supervision of the international trade in arms and ammunition, which was held in Geneva, Switzerland under the auspices of the League of Nations from 4 May to 17 June 1925. The conference adopted a convention for the supervision of the international trade in arms, munitions and implements of war which has not entered into force and, as a separate document, the Geneva Protocol on the use of gases.
(Sources: www.icrc.org and www.unog.ch.)

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Treaties

1925 Geneva Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare (Geneva Protocol)
Text of the 1972 Biological Weapons Convention (BWC)

Subsidiary agreements/decisions

Final Declaration of the First Review Conference (1980). (BWC-CONF.I-10)
Final Declaration of the Second Review Conference (1986). (BWC-CONF.II-13-II)
Final Declaration of the Third Review Conference (1991). (BWC-CONF.III-23)
Final Declaration of the Fourth Review Conference (1996). (BWC-CONF.IV-9)
Final document of the Fifth Review Conference (2002) (BWC-CONF.V-17)
Final Document of the Sixth Review Conference (2006) (BWC-CONF.VI-6)

Additional information

The Biological Weapons Convention Meetings Secretariat in the United Nations Department for Disarmament Affairs created the following document as a convenient quick reference to the Additional Understandings regarding the BWC. It is a guide only. See the official documents above for the authoritative texts of the additional understandings reached at subsequent Review Conferences.

BTWC Additional Understandings Overview

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ADDITIONAL INFORMATION

States may find the model laws and provisions in the NIM tools: model laws section useful when drafting national implementation measures.

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