Prohibiting the use of biological weapons: diverging national measures, a comparative analysis.

This article examines the national legal prohibitions on the use of biological weapons within the international framework, highlighting significant divergences and gaps that undermine a comprehensive global ban. While the Biological Weapons Convention (BWC) prohibits development, production, and stockpiling of biological weapons, it does not explicitly mandate national prohibitions on their use, resulting in varied and often limited domestic legislation—frequently restricted to contexts such as terrorism or armed conflict. Many States rely on general provisions addressing the spreading of disease or weapons prohibited by international law, which may inadequately cover all forms of biological weapons, especially those affecting plants or involving toxins. The article suggests that adopting an explicit international obligation to implement national prohibitions on use, alongside enhanced outreach and legislative support, could strengthen the global legal framework and address existing enforcement gaps.