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The humanitarian dimension of the Convention on “silent weapons”

Published online by Cambridge University Press:  13 January 2010

Extract

Analysing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, concluded a quarter of a century ago (10 April 1972), American expert Lynn M. Hansen wrote: “The spectre of biological warfare is something no person enjoys contemplating. The spectre is real, however, as man has learned how to use biology to wage war against himself. Fortunately, the international community in 1972 outlawed these weapons.” This is the essence of the Convention.

Type
The Convention on Bacteriological (Biological) Weapons: 25 years on
Copyright
Copyright © International Committee of the Red Cross 1997

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Footnotes

*

Dr. Valentin A. Romanov is professor of international law at the Moscow State Institute of International Relations. He has held senior posts at the Ministry of Foreign Affairs in Moscow and at the United Nations Legal Counsel's Office in New York. He is the author of several monographs and articles on issues related to international law and international relations.

References

1 Hansen, Lynn M., “Arms Control in Vitro”, Disarmament, A periodic review by the United Nations, Volume X, No. 1, Winter 1986/1987, p. 59.Google Scholar

2 For the Russian version of the Convention see «Μeжɡунароɡное гуманuмарное nраво в ɡокуменмах». СоСтавитеΛи Ю.М. КОΛосов, И.И. КотΛΛяров, М., Издателbство Московского Независимого института международного права, 1996, CTP. 445–450 ( Kolosov, Y.M., Kotlyarov, I.I. (eds), International humanitarian law in documents, Moscow Independent Institute of International Law Publishers, 1996, pp. 445450).Google Scholar

3 Geneva Protocol of 17 June 1925 for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases and of Bacteriological Methods of Warfare (Russian version in op. cit. above [note 2], p. 444).

4 Second Review Conference of the Biological Weapons Convention, Introduction, Disarmament, Volume X, No. 1, Winter 1986/1987, p. 43.Google Scholar

5 Vaerno, Oscar, “The forthcoming review conference of the parties to the Biological Weapons Convention”, Disarmament, Volume IX, No. 2, Summer 1986, p. 214.Google Scholar

6 Gasser, Hans-Peter, International humanitarian law. An introduction, Henry Dunant Institute/Paul Haupt Publishers, 1993, pp. 12 and 14.Google Scholar

7 Pictet, Jean, Development and principles of international humanitarian law, Henry Dunant Institute, Geneva, 1985, p. 55.Google Scholar

8 Абаренков В.П, Красулин Б.П. Разоружение. Справочник. М., 1988. CTP. 221 ( Abarenkov, V.P., Krasulin, B.P., Disarmament, Reference book, Moscow, 1988, p. 221).Google Scholar

9 Pictet, Jean, loc. cit. (note 7).Google Scholar

10 ICRC (ed.), International law concerning the conduct of hostilities, Collection of Hague Conventions and some other treaties, Geneva, 1989, p. 165.Google Scholar

11 Действующее международное право, Том 1, М., Издателbсво Мосовского Независимого инститта международного права, 1996, CTP. 360 ( Current international law, Volume 1, Moscow Independent Institute of International Law Publishers, 1996, p. 360).Google Scholar

12 For the text of the agreement in Russian, see supra, note 2, pp. 553–554.

13 This does not mean, however, that groundless accusations of violating the Convention can be made against the former USSR in connection with the outbreak of anthrax in 1979 in Sverdlovsk (now Yekaterinburg). The State Ad-Hoc Anti-Epidemic Commission found that the Sverdlovsk region had been subject to the threat of anthrax for several centuries and that this type of disease was considered endemic to the territory. Anthrax nidi were proved to be present in the soil. The analysis of the dynamics of contracting the infection showed that the anthrax outbreak had spanned the period of a month and a half; the infecting agents were found in assays of mixed fodder for cattle, and in meat and meat products belonging to some residents of the region; the strain of the infecting agent extracted from those samples and that found in the people who had contracted the disease were identical. The 1979 outbreak of anthrax in Sverdlovsk did not and cound not have had anything to do with the local military centre's research on vaccine preparations against anthrax.

14 Россия: в поисках стратегии безопасности. Проблемы безопасности, ограничения вооружений и миротворчества. М., Наука, стр. 114. (Russia: in search of the security strategy. The problems of security, limitation of armaments and peacemaking. Moscow, Nauka, p. 114).

15 The Criminal Code of the Russian Federation, ICRC translation.

16 Дипдоматнческий вестник, 1992, No. 19–20, стр. 27 ( The Diplomatic Herald, No. 19–20, 1992, p. 27).Google Scholar

17 Supra, note 14, p. 112.

18 Lang, Winfried, “Taking the pulse of the biological weapon regime”, Disarmament, Volume X, No. 1, Winter 1986/1987, p. 45.Google Scholar

19 Supra note 14, p. 116.

20 Winfried Lang, supra, note 18, p. 48.

21 Pando, Jorge Morelli, “Results of the Second Review Conference”, Disarmament, Volume X, No. 1, Winter 1986/1987, p. 58.Google Scholar