Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-8bljj Total loading time: 0 Render date: 2024-07-05T03:22:43.375Z Has data issue: false hasContentIssue false

Chapter 23 - Biological Weapons (Rule 73)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
Get access

Summary

Rule 73. The use of biological weapons is prohibited.

Practice

Volume II, Chapter 23.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. This rule applies to biological weapons that are meant to affect humans. Whether it is intended to apply to herbicides is discussed under Rule 76.

International and non-international armed conflicts

The prohibition of the use of biological weapons in international armed conflicts is based on the Geneva Gas Protocol and the Biological Weapons Convention. When they became party to the Geneva Gas Protocol, 37 States entered a reservation to the effect that they retained the right to retaliate if an adverse party (and in some cases that party's ally) violated the terms of the Protocol. Because 17 of these “no first use” reservations have been withdrawn, only 20 such reservations remain. However, 18 of the remaining 20 States that have kept their reservations are party to the Biological Weapons Convention, which prohibits any possession of biological weapons, thereby making it unlawful for them to retaliate using such weapons. Thus, at present, Angola and Israel are the only States that have maintained their “no first use” reservation to the Geneva Gas Protocol and are not party to the Biological Weapons Convention.

It can be concluded from the drive to eliminate biological weapons over the last three decades that States believe that these weapons should not exist and therefore must not be used in any circumstances, including in non-international armed conflicts.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×