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The Biological Weapons Convention Obligations and agreements, other international instruments, and building confidence Richard The Biological Weapons Convention Obligations and agreements, other international instruments, and building confidence Richard Lennane Head, BWC Implementation Support United Nations Office for Disarmament Affairs (Geneva Branch) BWC UNITED NATIONS OFFICE FOR DISARMAMENT AFFAIRS Regional Workshop on National Implementation of the BWC for Eastern Europe IMPLEMENTATION SUPPORT UNIT Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Disease as a weapon? “Repugnant to the conscience of mankind” Regional Workshop on National Disease as a weapon? “Repugnant to the conscience of mankind” Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

International response to the BW threat • 1925 Geneva Protocol – Prohibits use of International response to the BW threat • 1925 Geneva Protocol – Prohibits use of CW and BW in warfare • 1972 Biological Weapons Convention – Prohibits development, production, stockpiling, acquisition, retention or transfer of BW • 2004 UN Security Council Resolution 1540 – Requires all states to take measures to prevent WMD (including BW) terrorism Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

BWC facts and figures • Opened for signature in 1972; entered into force in BWC facts and figures • Opened for signature in 1972; entered into force in 1975 • Current membership: – 170 States Parties – 10 signatories – 16 states neither signed nor ratified • Main provisions: – completely prohibits any acquisition or retention of biological or toxin weapons; no exceptions – prohibits assisting or encouraging others to acquire BW – requires national implementation measures – peaceful uses of biological science and technology to be protected and encouraged Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

And just what is a biological weapon? “(1) Microbial or other biological agents, or And just what is a biological weapon? “(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. ” - from Article I of the BWC Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

BWC strengths and weaknesses • Strengths: – Clear, comprehensive ban: no exceptions, few loopholes BWC strengths and weaknesses • Strengths: – Clear, comprehensive ban: no exceptions, few loopholes – Strong international norm, never publicly challenged – Futureproof (so far. . . ) • Weaknesses: – No organisation or implementing body – No systematic monitoring of implementation or compliance – No systematic assessment of needs or provision of assistance – Uneven national implementation – No mechanism for investigating alleged violations – Conceived to deal with state-based BW programs: covers bioterrorism only indirectly Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Direction of the BWC since 2002 • Focus on improving and coordinating national implementation Direction of the BWC since 2002 • Focus on improving and coordinating national implementation • Annual work programme deals with specific topics; exchange of technical expertise • Range of different actors and organisations involved • Implementation Support Unit coordinates activity Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Why this direction? • Failure in 2001 of effort to negotiate a protocol to Why this direction? • Failure in 2001 of effort to negotiate a protocol to strengthen the BWC • Bioterrorism becomes major concern after September 11, 2001 • Rapidly growing biotech capabilities, shrinking costs, and widely expanding interest, participation, availability and access – Unintended consequences, experiments gone wrong – Accidents, leaks, mistakes – or deliberate misuse or sabotage (bio-terror vs. bio-error) – Awareness and management of risks lagging far behind • Concern about naturally-occurring, emerging and re-emerging disease • Recognition of interconnection of BW with other biological risks Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Weapons of Mass Destruction Nuclear Weapons Chemical Weapons Biological Weapons Nuclear Non-proliferation Treaty Chemical Weapons of Mass Destruction Nuclear Weapons Chemical Weapons Biological Weapons Nuclear Non-proliferation Treaty Chemical Weapons Convention Biological Weapons Convention International Atomic Energy Agency Organization for the Prohibition of Chemical Weapons ? Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

The Spectrum of Biological Risk Natural disease outbreak Unintended consequences Accidents Negligence WHO Vandalism, The Spectrum of Biological Risk Natural disease outbreak Unintended consequences Accidents Negligence WHO Vandalism, sabotage Deliberate use of BW BWC “We must look at [the BWC] as part of an interlinked array of tools, designed to deal with an interlinked array of problems” – Kofi Annan, 2006 Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

WMD regime: traditional model Treaty Organisation State Regional Workshop on National Implementation of the WMD regime: traditional model Treaty Organisation State Regional Workshop on National Implementation of the BWC for Eastern Europe State Kyiv, Ukraine 27 -29 May 2013 State Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

BWC approach: a network model BWC INTERPOL SCR 1540 State Professional associations Regional Workshop BWC approach: a network model BWC INTERPOL SCR 1540 State Professional associations Regional Workshop on National Implementation of the BWC for Eastern Europe OIE WHO FAO Work Program ISU Industry Kyiv, Ukraine 27 -29 May 2013 State Scientific organisations Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Components – WHO, OIE and FAO • WHO, OIE and FAO set standards and Components – WHO, OIE and FAO • WHO, OIE and FAO set standards and guidelines on biosafety and biosecurity, and offer: – manuals, reference materials and online resources – advice, training and capacity-building Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Components – INTERPOL • INTERPOL Bioterrorism Program started in 2004 to: – raise awareness Components – INTERPOL • INTERPOL Bioterrorism Program started in 2004 to: – raise awareness of the threat – develop police training programs – strengthen efforts to enforce existing legislation – promote the development of new legislation – encourage inter-agency cooperation on bioterrorism Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Components - UNSCR Resolution 1540 • Adopted 2004, renewed 1673 (2006), 1810 (2008) and Components - UNSCR Resolution 1540 • Adopted 2004, renewed 1673 (2006), 1810 (2008) and 1977 (2011) – imposes binding obligations on all States to establish domestic controls – prevents proliferation of NCB weapons by establishing controls over related materials – encourages enhanced international cooperation – promotes universal adherence to WMD treaties • Committee under UN Security Council • Supported by group of experts • Committee maintains database on implementation • Committee acts as a clearing house for assistance Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

A shared responsibility “Governments alone cannot confront the risks posed by biological weapons. . A shared responsibility “Governments alone cannot confront the risks posed by biological weapons. . . to manage the full spectrum of biological risks, you need a cohesive, coordinated network of activities and resources. Such a network will help to ensure that biological science and technology can be safely and securely developed for the benefit of all. ” - Ban Ki-moon, Secretary-General of the United Nations, 2008 Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Seventh Review Conference: outcomes • Final Declaration, including guidance on implementation • New, re-structured Seventh Review Conference: outcomes • Final Declaration, including guidance on implementation • New, re-structured intersessional programme (2012 -2015): – Three “standing agenda items” – also considers CBMs (2012 -13) and Article VII (2014 -15) – vice-chairs • Revised CBM forms • Database for assistance requests and offers • Sponsorship programme • ISU mandate renewed until 2016 Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

New intersessional programme • Mandate remains to “discuss, and promote common understanding and effective New intersessional programme • Mandate remains to “discuss, and promote common understanding and effective action on” specific topics related to better implementation of the BWC • Runs from 2012 to 2015 (8 th Rev. Con in 2016) • Two meetings each year: Meeting of Experts mid-year (12 -16 August 2013); Meeting of States Parties in December (9 -13 December 2013) • Wide range of participants: objective is sharing information and experience, identifying best practices, improving effectiveness of the BWC • Cost is shared by all States Parties, regardless of participation Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

New intersessional programme • Three standing agenda items (considered every year): – Cooperation and New intersessional programme • Three standing agenda items (considered every year): – Cooperation and assistance, with a particular focus on strengthening cooperation and assistance under Article X – Review of developments in the field of science and technology related to the Convention – Strengthening national implementation • Other topics: – How to enable fuller participation in the CBMs (2012 and 2013) – How to strengthen implementation of Article VII, including consideration of detailed procedures and mechanisms for the provision of assistance and cooperation by States Parties (2014 and 2015) – Universalization, ISU report (every year) Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Confidence-building Measures (CBMs) • Annual exchange of information “in order to prevent or reduce Confidence-building Measures (CBMs) • Annual exchange of information “in order to prevent or reduce the occurrence of ambiguities, doubts and suspicions and in order to improve international cooperation in the field of peaceful biological activities” • Agreed by review conference: States Parties “are to implement” the measures • Set of six forms to be completed and submitted to the ISU by 15 April each year • Seventh Rev. Con revised the forms • Submitted CBMs published on restricted area of ISU website • Guide available to help (now updated to match revised forms) Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

Implementation Support Unit (ISU) • Small, 3 -person unit in UNODA, funded entirely by Implementation Support Unit (ISU) • Small, 3 -person unit in UNODA, funded entirely by BWC States Parties • Mandate: – “Help States Parties help themselves” – Provide administrative support for BWC meetings – Facilitate communication among States Parties and with relevant organizations – Support national implementation efforts – Act as “clearing house” for offers of and requests for assistance, administer database – Administer confidence-building measures (CBMs) – Support universalization activities – Support implementation of decisions and recommendations of 6 th and 7 th Review Conferences Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

The future: challenges and questions • Evolving BW threat: technological advances (e. g. synthetic The future: challenges and questions • Evolving BW threat: technological advances (e. g. synthetic biology), capability spreading fast • Can the “network approach” assure compliance? What about verification, investigation? • Coordination (e. g. with SCR 1540, CWC and WHO IHR implementation) remains uneven • Universalization of BWC: 170 members, still lags behind NPT and CWC • Disparities in national implementation; low CBM participation • Effective provision of assistance: ISU helps, but demand greater than supply, coordination lacking Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction

For more information… www. unog. ch/bwc Or contact: BWC Implementation Support United Nations Office For more information… www. unog. ch/bwc Or contact: BWC Implementation Support United Nations Office for Disarmament Affairs Room 61, Palais des Nations Geneva tel: +41 (0)22 917 2230 fax: +41 (0)22 917 0483 e-mail: [email protected] ch Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27 -29 May 2013 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction