The global problem
Chemical weapons preceded nuclear weapons by some fifty years, and remain today more readily available as weapons of mass destruction for countries that lack the technological capacity to produce nuclear weapons for deterrence purposes. Yet the proscription against their use is the oldest weapons ban of the modern age. In many respects, therefore, the conceptual task in relating the national interest of a country to the planetary interest of humankind is as pertinent and challenging as with nuclear weapons for the major powers.
The problem before the international community formally rests on a moral basis rather than a rational concern over their destructive capacity. The Biological Weapons Convention expresses the conviction that “such use would be repugnant to the conscience of mankind and that no effort should be spared to minimize this risk.” But it has always been recognized that the threat of bacteriological devastation to humanity is real. In the fourteenth century, some twenty million people were killed by an infectious agent believed to have been the plague bacterium, including nearly one-quarter of the population of Western Europe. Another twenty million were killed by an influenza virus in 1918, over twice the number of combat fatalities during the previous four-year world conflict. Since 1981, the HIV virus has killed an estimated 29 million people. Although these were not the result of military weapons, it is not impossible that such agents can be put to military use. Unlike nuclear and chemical weapons, biological weapons contain pathogens which are alive, reproduce themselves and can engage in adaptive behaviour. The scope and timing of use of a pathogen cannot be precisely controlled and the inability to cause them to act swiftly reduces their current potential for military purposes. But in the view of one expert, a lethal pathogen used for hostile purpose could efficiently spread from one victim to another, and “would be capable of initiating an intensifying cascade of disease that ultimately threaten the entire world population.” The devastation and horror of the use of chemical weapons in the First World War is well-known.
Possession of both biological and chemical weapons is difficult to identify. Unofficial estimates are that at least seventeen countries are understood to be conducting biological weapons research As at December 1997, eight countries had declared past or present possession of modern chemical weapons. Their identity, dependent on classified information given to the responsible agency, has not been disclosed to the public. These States are, however, understood to include the United States, Russia, Iraq and India. About 20 other countries are reported to have or be seeking the ability to make them, including North Korea, Pakistan, Libya, Iran, China and Israel.
Beyond this traditional threat to national security of nation states
from one another, lies the emerging threat of their clandestine use by
terrorist or cult organizations, as has already occurred in Tokyo, Japan
in 1995.
The global objective and strategy
The planetary interest, as perceived by the international comunity, is captured in the relevant multilateral treaties. The Biological Weapons Convention expresses the determination, ‘for the sake of all mankind’, to exclude completely the possibility of bacteriological (biological) agents and toxins being used as weapons. The Chemical Weapons Convention identifies the same objective regarding that class of weapons.
The global strategy has been to develop two multilateral treaties that prohibit the possession of biological and chemical weapons. In each case, the judgement was made that the elimination of each category of weapon would facilitate the achievement of general and complete disarmament.
Thus, in the case of biological weapons, each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain microbial or other biological agents, toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes. They also renounce the acquisition of weapons, equipment or other means of delivery designed to use such agents or toxins for hostile purposes in armed conflict.
In addition, each State Party undertakes to destroy, or divert to peaceful purposes all agents, toxins, weapons, equipment or means of delivery which are in its possession or under its jurisdiction or control. They also undertake not to transfer to any recipient, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States, or international organization to manufacture or otherwise acquire any of the agents, toxins, weapons, equipment or means of delivery.
In the case of chemical weapons, each State Party undertakes never to develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone; to use chemical weapons; to engage in any military preparations to use chemical weapons; or to assist, encourage or induce, in any way, anyone to engage in any activity prohibited under the Convention. Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control. It undertakes to destroy all chemical weapons which it may have abandoned on the territory of another State Party. It undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control. And it undertakes not to use riot control agents as a method of warfare.