The Convention was the
result of prolonged efforts by the international community to establish a new
instrument that would supplement the 1925 Geneva Protocol. The Geneva Protocol prohibited
use but not possession or development of chemical and biological weapons.
A draft of the BWC,
submitted by the British[2]
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 170 states which 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. As of April 2013, an
additional 10 states have signed the BWC but have yet to ratify the treaty.
The scope of the BWC’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 (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 purpo

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