KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM,Vol 34 No 4 Black Biology 953. They might name ISIS Boko Haram or the Boston Bombers as. examples of potential terrorist actors The actions of these groups and. individuals shock the conscience and make national security the topic of. nearly every political debate While no less threatening this form of. warfare is familiar and the American military industrial complex has. worked tirelessly to combat and prevent it But are we prepared for a. threat much more insidious and primarily unseen, The new terror risk might come from the emission of an. aerosolized canister in a crowded train station or airport Unlike the death. and devastation that occur immediately after a modern terror attack this. assault would start with a cough or a sneeze Botulism the bubonic. plague or hemorrhagic fever could spread rapidly through America s. crowded cities After an initial outbreak it would take days for. epidemiologists to recognize a pattern of illness let alone conclusively. find that the outbreak had more sinister roots By the time anyone could. determine that the United States was the victim of a bioterrorism attack. the perpetrator could disappear into anonymity, Bioterrorism events have happened before After the September. 11 attacks anonymous letters containing anthrax were sent through the. US Postal system killing five people and infecting seventeen others 1. Fifteen years later despite enormous sums of federal money and. countless man hours the FBI has been unable to identify a suspect 2. While the United States reignited its bio preparedness efforts in the wake. of these episodes the majority of public health experts agree that. America is woefully unprepared for any sort of mass scale bioterrorism. event 3 Furthermore the anthrax attacks while relatively small in. number caused enormous damage to the public consciousness and. helped shape US domestic and foreign policy for over a decade 4. Laboratory security procedures can largely combat this type of threat and. world governments now keep close tabs on which individuals and. organizations have access to these pathogens 5, Amerithrax or Anthrax Investigation FED BUREAU OF INVESTIGATION. https www fbi gov about us history famous cases anthrax amerithrax lasted visited Mar 27. See generally DAVID P FIDLER LAWRENCE O GOSTIN BIOSECURITY IN THE GLOBAL AGE. BIOLOGICAL WEAPONS PUBLIC HEALTH AND THE RULE OF LAW 2008. KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM,954 Wisconsin International Law Journal. Science however is always advancing faster than its. regulations Black biology is the use of genetic engineering to enhance. the virulence of a pathogen or the targeting of a specific genetic code for. use in terrorism 6 This new area of biology could create a designer virus. which while initially mimicking the common cold or flu could act as a. molecular key to trigger secondary effects after encountering a certain. DNA sequence 7 This type of modification could prove useful if the. secondary effects delivered individualized cancer treatments to afflicted. patients ensuring that their bodies accepted treatment But more. sinisterly a virus could be designed with secondary effects inducing the. neurodegenerative fatal byproducts of botulinum toxin and the DNA. sequence engineered for recognition could be that of the President of the. United States 8, While this outcome seems like science fiction it is the imminent. future of biotechnology Even now the Secret Service sanitizes or. destroys objects the President has touched or used in order to prevent. terrorists from collecting genetic material 9 Synthetic biology or genetic. engineering is the integration of a multitude of scientific disciplines that. seek to alter human DNA at a fundamental level 10 With this technology. scientists are able to edit out undesirable sequences for the benefit of. human health or create new biological material from DNA building. blocks 11 The field shows remarkable promise for curing preventing and. treating a multitude of diseases while potentially alleviating the energy. crisis 12 The research of this new biologic frontier will dominate the. scientific consciousness for the next century 13, As demonstrated above however this new technology has a. black side Current bioterrorism efforts focus on containment 14. Cataloguing regulating and controlling a calculable amount of a. Michael J Ainscough Next Generation Bioweapons The Technology of Genetic Engineering. Applied to Biowarfare and Bioterrorism 14 THE COUNTERPROLIFERATION PAPERS 253 253. 254 2002 http www au af mil au awc awcgate cpc pubs biostorm ainscough pdf. Andrew Hessel et al Hacking the President s DNA THE ATLANTIC Nov 2012. http www theatlantic com magazine archive 2012 11 hacking the presidents dna 309147. See Carolyn M C Lam et al An Introduction to Synthetic Biology in SYNTHETIC BIOLOGY THE. TECHNOSCIENCE AND ITS SOCIETAL CONSEQUENCES 23 Schmidt et al eds 2009. See FIDLER GOSTIN supra note 3,KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM. Vol 34 No 4 Black Biology 955, contagious microbe activates safety measures if a specimen goes missing. or is removed from a laboratory But there may be no notice if terrorists. create their own pathogen or engineer a genetically targeted bioweapon. These scenarios move beyond current science and lack regulations and. law Now is the time to police this burgeoning field and set standards to. determine what experiments are acceptable A problem of this. magnitude which has the capacity to cause significant damage must be. confronted immediately by the international community Past efforts to. control bioterrorism have been weak or brushed over in favor of dealing. with physical or nuclear disaster But ignoring bioterrorism does nothing. to change the facts synthetic biology may not only be the future of. science but the future of modern warfare as well making its regulation. crucial for global security, This Comment will survey the current international regulations. surrounding synthetic biology and provide potential legal solutions. examining the opportunities for internal governance within the scientific. community Part I will detail a brief history of bioterrorism and provide. an overview of the associated international legal precedent Part II will. examine both the science and issues behind synthetic biology Part III. will explore the current international legal regulation regarding. bioterrorism in depth and suggest potential applications to synthetic. biology and Part IV will consider potential options for community. policing amongst scientists,I A BRIEF HISTORY OF BIOTERRORISM AND ITS. ASSOCIATED INTERNATIONAL LEGAL PRECEDENT, Biological warfare has existed since ancient times The first. intentional use of a biological agent by warring armies occurred in 67. B C in a battle between the Roman armies of Pompey and King. Mithridates of Pontus 15 The Pontus forces tricked the superior Roman. army into consuming honeycombs infected with grayanotoxin which. caused impaired consciousness blurred vision and other symptoms 16 In. their weakened state the Roman troops were summarily executed by. King Mithridates s soldiers 17 Quick to learn from their weaknesses the. Romans incorporated biological weapons into their war strategies by. VICTORIA SUTTON LAW AND BIOTERRORISM 4 2003,KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM. 956 Wisconsin International Law Journal, polluting the water supply of their enemies with the diseased carcasses of. dead animals 18 Adapting this ancient biological weapon the Tartars. catapulted plague infected corpses over the walls of Kaffa in 1346. forcing the Genoans to evacuate their besieged city into the awaiting. Tartar camp 19 In 1710 the Germans repeated this strategy to attack their. Swedish enemies 20 But perhaps the most well known incident of early. bioterrorism occurred when the colonial army of Captain John Oldham. gifted blankets infected with smallpox to the Narragansett Native. American tribe which contributed to the partial annihilation of the. Pequot people 21, The United States was the first nation in history to regulate the. use of biological warfare General Order 100 made in 1863 during the. Civil War declared that the use of poison in any manner be it to poison. wells or foods or arms is wholly excluded from modern warfare 22 The. regulation of bioweapons was first included in the international laws of. warfare by the Hague Convention of 1899 which stated that with. Respect to the Laws and Customs of War on Land it is especially. prohibited to employ poison or poisoned arms 23 But these standards. were largely ignored in World War I as the Allies and Central Powers. utilized mustard gases and other similar biological weapons to subdue. their enemies 24 It was only after World War I that the international. community began to seriously regulate biological weapons culminating. in the Geneva Protocol of 1925 which included chemical prohibitions on. bacteriological warfare 25 The United States and Japan however did. not sign the agreement 26 Both countries and the Soviet Union began. robust biological weapons programs which continued throughout World. War II 27 It was not until 1969 that then President Richard Nixon. converted the US biologic weapons program into a defensive program. Id at 4 see also ROBERT O CONNELL OF ARMS AND MEN A HISTORY OF WAR WEAPONS AND. AGGRESSION 171 1989, E WAGNER STEARN ALLEN E STEARN THE EFFECTS OF SMALL POX ON THE DESTINY OF. AMERINDIAN 44 45 1945,See SUTTON supra note 15 at 5. Hague Convention IV Respecting the Laws and Customs of War on Land with Annex of. Regulations art 23 Oct 18 1907 T S No 539,See SUTTON supra note 15 at 5. KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM,Vol 34 No 4 Black Biology 957. and called for the first world treaty to end the research and proliferation. of biological weapons 28 This paved the way for the Biological Weapons. Convention of 1972 which completely prohibited the use of biological. weapons and was ratified by 140 nation states, Despite this initial attempt to remove biological weapons from. the field of battle state and non state groups have continued to develop. and utilize biological weapons in the name of defense 29 Such continued. development has led to several incidents of modern biological warfare. For instance in May 1979 the Soviet city of Svedlovsk experienced a. spate of unexplained civilian deaths 30 The ultimate cause of death was. later revealed to be pulmonary anthrax spores of which had been. mistakenly released from a nearby military base 31 Moreover non state. terrorist groups have also developed the capabilities to utilize bio attacks. In 1984 the Rajneeshee cult organization deliberately released. Salmonella bacteria into a salad bar at a restaurant in Antelope Oregon 32. The attack sickened approximately 750 people33 and led the United States. to establish domestic laws aimed at preventing biological weapons. dispersal 34 The Biological Weapons Act of 1989 made it a federal crime. to develop manufacture transfer or possess any biological agent toxin. or delivery system for use as a weapon 35 Likewise the Chemical and. Biological Weapons Control Act of 1991 created a system of economic. and export controls designed to prevent the export of technologies. utilized in the development of chemical and biological weapons to. designated nationals 36 Since the 9 11 terrorist attacks on the World Trade. Center however the proliferation of biological weapons and agents. remains a serious problem, On April 24 2004 the United Nations UN once again dealt. with the problem of bioweapons 37 The UN Security Council. unanimously adopted Resolution 1540 under Chapter VII of the United. Nations Charter which reiterates that the proliferation of weapons. Thomas J Torok et al A Large Community Outbreak of Salmonellosis Caused by Intentional. Contamination of Restaurant Salad Bars 278 J AM MED ASSOC 389 395 1997. SUTTON supra note 15 at 7, 136 CONG REC H2065 daily ed May 08 1990 statement of Rep Morrison. SUTTON supra note 15 at 7,S C Res 1540 U N Doc S RES 1540 Apr 28 2004. KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM,958 Wisconsin International Law Journal. remains a threat to international peace and security 38 Resolution 1540. imposes binding obligations on all states to adopt legislation to prevent. the proliferation of nuclear chemical and biological weapons and their. means of delivery and establish appropriate domestic controls over. related materials to prevent their illicit trafficking 39 The resolution also. stipulates increased international cooperation to monitor the research and. creation of bioweapons 40 The Security Council continued to revisit this. crucial issue with the adoption of Resolution 1673 which advocated for. the intensification of international implementation of Resolution 1540 41. On April 27 2008 the Security Council urged the 1540 Committee to. continue strengthening its role in facilitating technical assistance. including by engaging actively in matching offers and requests for. assistance 42 Finally in 2011 the Security Council adopted Resolution. 1977 which lengthened the UN commitment to end the proliferation of. biological weapons and other weapons of mass destruction and extended. the committee for Resolution 1540 until 2021 43 To date however little. progress has been made to further the goals of these resolutions. Even with these prohibitions against the development of. bioweapon technology science continues to develop faster than any. regulation can Even more problematic much of the new science with. bioweapon potential could also provide numerous benefits This further. complicates the regulatory questions that plague any international. attempt to control and prevent the spread of biohazardous weapons and. II THE SCIENCE OF SYNTHETIC BIOLOGY, Synthetic biology is a rapidly developing field that aims to. engineer new biological systems that do not already exist in nature 44. with the goal of creating artificial cellular or non cellular biological. components with functions that cannot be found in the natural. S C Res 1673 Apr 27 2006,S C Res 1977 Apr 20 2011, Karen M Polizzi What is Synthetic Biology in SYNTHETIC BIOLOGY 3 Karen M Polizzi. Cleo Kontoravdi eds 2013,KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM. Vol 34 No 4 Black Biology 959, environment 45 Synthetic biology also attempts to make systems made. of well defined parts that resemble living cells and known biological. properties via a different architecture 46 utilizing the fields of. engineering biological sciences and computational modeling 47. Capitalizing on new developments in computer technology and more. readily available genetic material synthetic biologists attempt to create. artificial life and reverse engineer the building blocks of humanity 48. Though these ideas have been pursued by scientists since the. Enlightenment the field of synthetic biology has only recently grown. and expanded into the modern scientific dialogue 49 While the field is still. relatively nascent many biologists believe that it has the potential to be. an ultimate font of biological knowledge 50 Even though many. practical applications of synthetic biology are years away it has the. potential to change the understanding of life and have far reaching. effects on medicine chemistry physics and more dangerously warfare. A BACKGROUND, In extremely simplistic terms synthetic biology is genetic. engineering Scientists utilize bioinformatics to reconstruct the proteins. and enzymes encoded in the DNA sequence 51 This process functions by. signaling and manipulating the pathways to produce biological functions. that are corrected or more desirable than their original functions 52. Whether genetic editing engineering is done to the entire genome or a. singular gene it produces staggering and sometimes unpredictable. effects 53 Most of the modeling is done using computational technologies. and other bioinformatics techniques to predict the effects certain. manipulations will have on human cells 54 With time however the goal. Lam et al supra note 10 at 25,POLIZZI supra note 44 at 3. Luis Campos That was the Synthetic Biology that was in SYNTHETIC BIOLOGY THE. TECHNOSCIENCE AND ITS SOCIETAL CONSEQUENCES 5 Schmidt et al eds 2009. Lam et al supra note 10 at 25,KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM. 960 Wisconsin International Law Journal, is for synthetic biology to have a meaningful impact on healthcare and. industry 55, B ETHICAL ISSUES ASSOCIATED WITH SYNTHETIC BIOLOGY. There are three ethical issues that are generally associated with. synthetic biology 56 The first two are largely philosophical 1 should. humans have the power to design artificial organisms and become the. architects of living things and 2 can the creations of synthetic biology. be subject to human ownership or should any beneficial outcomes be free. to access for the use of all humanity 57 These two questions will likely. continue to plague scientists but they are not the subjects of this. Comment Rather the focus is on the third issue is there a potential for. harm resulting from synthetic biology which has already been. demonstrated The dispersal of human created organisms could have far. reaching and unknowable effects on the global environment it is not. clear to what extent we should expose nature to such a risk and whether. we have the right to interfere with the ecosystem in such as direct. manner 58 Much like the poisoned crops and water supplies of old. synthetic biology has the potential to contaminate the environment on a. much larger and more globalized scale Moreover and even more. threateningly it has already been demonstrated that de novo DNA. synthesis can be used to produce pathogenic viruses 59 In the near future. it is possible that novel types of infective viruses could be designed and. produced leading to a serious threat against biosafety and biosecurity 60. Biologists largely agree that these dangers must be treated with. the utmost seriousness History has shown that state sponsored biological. weapons programs have repeatedly exploited major scientific. breakthroughs 61 Even more terrifying however is that traditional. biodefense programs only have dealt with a finite number of diseases. Anna Deplazes et al The Ethics of Synthetic Biology Outlining the Agenda in SYNTHETIC. BIOLOGY THE TECHNOSCIENCE AND ITS SOCIETAL CONSEQUENCES 65 66 Schmidt et al eds. Alexander Kelle Security Issues Related to Synthetic Biology in SYNTHETIC BIOLOGY THE. TECHNOSCIENCE AND ITS SOCIETAL CONSEQUENCES 101 102 Schmidt et al eds 2009. KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM,Vol 34 No 4 Black Biology 961. occurring in nature 62 In the words of one scientist unlike the threats. posed by traditional and genetically modified traditional agents the. capability of the threat posed by advanced biological warfare synthetic. biological agents continues to expand indefinitely in parallel with. advances in biotechnology 63, Scientists have identified three categories of risk incited by. developments in synthetic biology 64 First synthetic microorganisms. might escape from a research laboratory or containment facility. proliferate out of control and cause environmental damage or threaten. public health 65 This scenario has already played out in traditional. manifestations of state sponsored bioweapon research development 66. Second a synthetic microorganism developed for some applied purpose. might cause harmful side effects after being deliberately released in to. the open environment 67 Third outlaw states terrorist organizations or. individuals might exploit synthetic biology for hostile or malicious. purposes 68, The third threat which is largely the topic of this paper has been. deliberated amongst scientists for the past decade 69 The Committee on. Research Standards and Practice to Prevent the Destructive Application. of Biotechnology hereinafter the Fink Committee was the byproduct. of American scientists concerns that life sciences research could be used. for hostile and malicious purposes These sentiments have fostered a. largely internal academic debate about the advisability of experiments in. synthetic biology whether such experiments should be carried out and. if experiments are executed whether their results should be made. The Fink Committee was commissioned by the American. National Research Council which although not a government body that. can create laws and regulations advises the US government and has an. See James B Petro et al Biotechnology Impact of Biological and Biological Warfare and. Biodefense 1 BIOSECURITY AND BIOTERRORISM BIODEFENSE STRATEGY PRACTICE AND. SCIENCE 161 2003, See Jonathan B Tucker Raymond A Zilinskas The Promise and Perils of Synthetic Biology. 12 NEW ATLANTIS 25 31 2006,See SUTTON supra note 15 at 7. Kelle supra note 61 at 106,KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM. 962 Wisconsin International Law Journal, agenda setting function in scientific and academic discourse 71 The Fink. Committee has laid out seven recommendations for the field of synthetic. biology 1 educating the scientific community 2 reviewing plans for. experiments 3 reviewing at the publication stage 4 creation of a. National Science Advisory Board of Biodefense 5 adoption of. additional elements for protection against misuse 6 a role for the life. sciences in efforts to prevent bioterrorism and bio warfare and 7. harmonized international oversight 72 The committee acknowledged that. DNA synthesis technology could allow for the efficient rapid synthesis. of viral and other pathogen genomes either for the purposes of. vaccine or therapeutic research and development or for malevolent. purposes or with unintended consequences 73 Based on these. recommendations if synthetic biology advances into the scientific. mainstream international regulation will need to play a key role in its. development to preserve public health safety,C BENEFITS OF SYNTHETIC BIOLOGY RESEARCH. There are currently six main research areas in synthetic biology. 1 DNA circuits 2 protocells 3 genome minimization 4 unnatural. components 5 synthetic microbial consortia and 6 synthetic. metabolic pathways 74 The field however will likely continue to expand. into novel subjects in the next decade While the term synthetic. biology was first coined by French scientist Stephane Leduc in 1912 75. the first scientific breakthrough came in 1963 when the first man made. biologically functional DNA molecules were isolated 76 During 1978. researchers discovered how to alter DNA through cleavage at specific. sites by utilizing restriction endonucleases 77 After the achievement of. cleaving DNA synthetic biology has exploded into a new academic. Lam supra note 10 at 26, Rose M Litman Waclaw Szybalski Enzymatic Synthesis of Transforming DNA 10. BIOCHEMICAL BIOPHYSICAL RESEARCH COMMC NS 473 1963. Waclaw Szybalski Ann Skalka Nobel Prizes and Restriction Enzymes 4 GENE 181 1978. KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM,Vol 34 No 4 Black Biology 963. discipline with scientists modifying existing organisms78 and creating. new unnatural building blocks and materials 79, Synthetic biology has the potential to offer new solutions to. modern day challenges especially in the areas of health care and energy. Biological switches resulting from DNA circuits can be incorporated into. bacterial cells to allow for distribution of bacteria in human bodies for. cancer treatment 80 Additional synthetic circuits can sense the resistance. of the tuberculosis virus to the drug ethionamide 81 Synthetic metabolic. pathways can help create bacteria that colonize tumors and deliver anti. cancer anti inflammation and anti HIV fusion drugs to target sites 82. The creation of protocells utilizing synthetic building blocks can help. scientists understand what environments were necessary for the origin of. life 83 For energy use synthetic microbial consortia may degrade toxic. pollutants resulting from oil spills which cannot be fully metabolized by. existing organic organisms 84 Moreover synthetic biology projects offer. the potential to synthesize hydrocarbon and diesel fuel from sugar and. other biomasses85 and the first usable hydrogen fuel cells could be. developed through large scale microbial production of synthetically. modified photosynthetic bacteria 86,D SYNTHETIC BIOLOGY AND BIOTERRORISM. Despite remarkable promise researchers recognize that synthetic. biology could be used for nefarious purposes Synthetic biology is a. dual use technology meaning it has the potential for both positive and. harmful applications 87 The most applicable research area to bioterrorism. is the creation of unnatural components 88 Through this application a. See Ernesto Andrianantoandro et al Synthetic Biology New Engineering Rules for an Emerging. Discipline MOLECULAR SYSTEMS BIOLOGY May 17 2006 at 1. See Steven A Benner A Michael Sismour Synthetic Biology 6 NATURE REV GENETICS 533. 533 543 2005,See Lam supra note 10 at 26, MICHELE S GARFINKEL ET AL SYNTHETIC GENOMICS OPTIONS FOR GOVERNANCE 2 Oct. KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM,964 Wisconsin International Law Journal. prospective bioterrorist could create a virus or bacteria that does not. occur in nature This new virus may be entirely novel or a synthetically. modified version of an existing anthrax or plague bacterium that is. especially virulent or antibiotic resistant 89 What is more alarming is the. recent ease of access to DNA information Previously DNA synthesis. required research university level implements and expertise and now. anyone with a laptop computer can access public DNA sequence. databases via the Internet access free DNA design software and place. an order for synthesized DNA for delivery 90, Creating a de novo DNA synthesis is rapidly becoming easier. through the use of DNA synthesizers 91 These machines allow. researchers to assemble novel and existing genetic sequences using. readily accessible reagents 92 The most simplistic way to construct a. genetic sequence is to order a gene or genome length stretch of viral or. bacterial DNA from a commercial gene synthesis company 93 There are. currently forty five organizations worldwide that have this capacity with. twenty four companies located in the United States 94 After obtaining. DNA an individual could utilize it for the purposes of synthetic biology. and endeavor to make modifications that would increase the. pathogenicity of the organism 95 These purchases are closely tracked. particularly in the United States where especially potent viral DNA. strands such as anthrax and others are monitored by the US government. Alternatively a researcher could start with smaller pieces of DNA called. oligonucleotides or oligos 96 Oligos are DNA building blocks of 15 100. base pairs that can be linked together to construct gene and genomic. length DNA sequences 97 As oligos are commercially available this. process is understandably more difficult to monitor From these two. options motivated individuals can replicate bacteria and viruses for their. personal and potentially reprehensible research, Besides constructing a novel virus genome from scratch other. methods are available to bioterrorists Currently replicating genomes. KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM,Vol 34 No 4 Black Biology 965. requires advanced technology and knowledge While the goal of. synthetic biologists is to make the replication process cheaper and easier. to access for research purposes it would still be difficult though not. impossible for a non state sponsored organization or terrorist group to. utilize this process 98 For now the focus of scientists and policy makers. is largely on laboratory security 99 While viruses themselves can also be. obtained in nature isolation requires some skill and luck and the. introduction of foreign strands into a well studied population such as the. United States would immediately signal wary epidemiologists 100 The. more present threat is a bioterrorist obtaining samples of small pox or. Spanish influenza from a poorly secured lab 101 But experts warn that in. ten years the situation may be reversed as constructing a pathogenic. virus might actually be easier than going to the trouble of isolating it. from nature or stealing it from a secure laboratory 102. III INTERNATIONAL REGULATION AND BIOTERRORISM, While biological threats from synthetic biology are currently. only a future danger it is critical that legal framework be in place to. ensure global safety As previously discussed bioterrorism and. biological warfare have existed for nearly a thousand years Global. regulation and international law however remain largely. underdeveloped While multilateral treaties and Security Council. resolutions regarding bioterrorism exist they focus primarily on the. prohibition of biological weapons use and creating domestic legislation. that has largely failed to materialize in practice Moreover there is. dangerously little law and precedent for dual use technologies such as. synthetic biology that have the potential to be used for both public. benefit and bioterrorism This section will discuss the existing. international law on bioterrorism and its deficiencies while introducing. potential areas for improvement,KALUPA PROOF DO NOT DELETE 5 15 2017 6 28 PM. 966 Wisconsin International Law Journal,A OVERVIEW OF BIOLOGICAL WEAPONS PRECEDENT. The first international agreements that put forth regulations. regarding the use of biological weapons were the 1899 and 1907 Hague. Conventions banning the use of chemical gases between two warring. nation states 103 Because rouge states and individual terrorists were nearly. non existent at the time the conventions contain no provisions against. the use of bioweapons by singular entities 104 The 1907 Hague. Convention uses more specific language outright forbidding poisoned. weapons 105 While these conventions are still under effect in the. international legal sphere they reflect the nascent science of the early. twentieth century when bioterrorism was not viewed as a credible threat. because it was not seen as militarily feasible 106. The 1925 Geneva Protocol to the Hague Convention was the first. international agreement to actually address biological weapons given the. use of mustard gas and other noxious weapons during World War I 107. The parties of Geneva Protocol agree d to extend the prohibition on. the use of chemical weapons to the use of bacteriological methods of. warfare and agree to be bound as between themselves according to the. terms of this declaration 108 Though an outright prohibition on the use of. biological weapons may seem effective critics argue that it fails to. effectively confront the problem of modern bioterrorism in three ways 109. First the Geneva protocol is applied only to the use of biological. weapons and not to their creation development or acquisition 110. Moreover many nations have entered legally binding reservations on this. point and continue to stockpile biological weapons withholding the right. Declaration on the Use of Projectiles the Object of Which is the Diffusion of Asphyxiating or. Deleterious Gases Jul 29 1899 32 Stat 1803, Eric Merriam The International Legal Regime Affecting Bioterrorism Prevention 3 NAT L. SECURITY L J 1 6 2014, Convention IV respecting the Laws and Customs of War on Land and its annex Regulations. concerning the Laws and Customs of War on Land art 23 Oct 18 1907. BARRY KELLMAN BIOVIOLENCE PREVENTING BIOLOGICAL TERROR AND CRIME 56 Cambridge. University Press 2007,Merriam supra note 104 at 5, Protocol for the Prohibition of the Use in War of Asphyxiating Poisonous or Other Gases and of. Bacteriological Methods of Warfare June 17 1925 26 U S T 571 94 L N T S 65 emphasis.
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