Biological Weapons Convention (BWC)

At the 50-year commemoration of the Biological Weapons Convention (BWC) held in New Delhi, India’s External Affairs Minister highlighted that the world remains ill-prepared to deal with bioterrorism. He warned of rising threats from non-state actors and called for stronger global biosecurity frameworks, underscoring serious gaps in existing international mechanisms.

What is the Biological Weapons Convention (BWC)?

The Biological Weapons Convention (BWC), formally titled “The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction”, is the primary global treaty banning biological weapons.

• The BWC prohibits the development, production, acquisition, transfer, stockpiling, and use of biological and toxin weapons.

• It follows the General Purpose Criterion (Article I), which bans any biological agents or toxins that have no legitimate peaceful, protective, or prophylactic purpose, rather than listing specific agents.

• The Convention was opened for signature in 1972 and entered into force in 1975.
  India ratified it in 1974.

• The BWC is reviewed every five years to keep pace with scientific, technological, and security developments.

• It supplements the 1925 Geneva Protocol, which prohibited only the use, and not the possession or development, of biological weapons.

Key Features of the BWC

• Biological and toxin weapons are defined as microorganisms (viruses, bacteria, fungi) or toxins deliberately released to cause disease or death in humans, animals, or plants.

• The BWC is the first multilateral disarmament treaty to ban an entire category of Weapons of Mass Destruction (WMDs).

• It establishes a comprehensive prohibition on all activities related to biological weapons.

India’s Measures to Strengthen Compliance with the Biological Weapons Convention (BWC)

India has adopted a comprehensive legal, regulatory, and diplomatic framework to ensure effective compliance with the Biological Weapons Convention (BWC) and to strengthen global biosecurity.

1. National Biosecurity Rules, 1989

India enforces the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells Rules, 1989 to regulate activities involving hazardous biological materials.
These rules aim to protect human health and the environment by ensuring biosafety, biosecurity, and controlled handling of sensitive biological agents.

2. Weapons of Mass Destruction (WMD) Prohibition Act, 2005

The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 provides a strong legal foundation by criminalising the illegal manufacture, acquisition, transport, financing, and transfer of weapons of mass destruction, including biological weapons.This law reinforces India’s commitment to non-proliferation and international disarmament obligations.

3. SCOMET Export Control Framework

India implements strict export controls through the Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) list.
Category 2 of SCOMET specifically monitors the export of microorganisms, toxins, and high-risk biological agents, preventing their diversion for hostile or non-peaceful purposes while allowing legitimate scientific and commercial use.

4. India–France Article VII Assistance Database Proposal

In collaboration with France, India has proposed the creation of an assistance-tracking database under Article VII of the BWC.This mechanism would enable rapid international assistance and coordination for any State Party exposed to biological threats or treaty violations, thereby enhancing collective preparedness and response capacity.

5. Capacity Building through Training and Diplomacy

India actively contributes to global biosecurity through annual ITEC capacity-building programmes focused on UN Security Council Resolution 1540 and strategic trade controls.These initiatives help strengthen institutional capacities, legal frameworks, and international cooperation, particularly among developing countries.

Challenges Related to the Biological Weapons Convention (BWC)

Despite being a landmark disarmament treaty, the Biological Weapons Convention (BWC) faces several structural, legal, and institutional challenges that limit its effectiveness in addressing contemporary biological threats.

1. Absence of a Verification Mechanism

Unlike other major disarmament treaties, the BWC lacks a formal verification and compliance mechanism.The dual-use nature of biological sciences makes it difficult to distinguish between peaceful research and offensive biological weapons programmes through traditional, accounting-based verification frameworks.In contrast, the Chemical Weapons Convention (CWC) employs a robust verification system based on mandatory documentation of facilities, tools, precursors, and raw materials, overseen by the Organisation for the Prohibition of Chemical Weapons (OPCW). Such a system is currently absent under the BWC.

2. Lack of Legally Enforceable Data Collection Provisions

The BWC does not mandate legally binding reporting or inspection requirements.
As a result, it relies on politically binding Confidence-Building Measures (CBMs), which include voluntary submissions on biological facilities, research activities, and national legislation.However, CBMs suffer from low compliance and uneven participation. Notably, 2022 was the first year when more than 50% of States Parties submitted CBMs, highlighting persistent transparency gaps.

3. Weak Institutional Support Structure

The Implementation Support Unit (ISU), established in 2006 to assist States Parties, remains severely understaffed and resource-constrained.
Until the Ninth Review Conference, the ISU functioned with only three non-permanent staff, and even after expansion, it has just four personnel, which is inadequate to support a treaty with over 180 States Parties.This limits the ISU’s ability to provide technical assistance, coordination, and monitoring, further weakening treaty implementation.

4. Insufficient National-Level Implementation Mechanisms

Effective BWC compliance depends on strong domestic institutional frameworks, which remain uneven across countries.For example, India has a dedicated National Authority for the Chemical Weapons Convention (NACWC) but lacks a similarly centralized authority for the Biological Weapons Convention.The absence of such national focal points can lead to fragmented oversight, regulatory gaps, and weaker enforcement of biosecurity norms.

What is Bioterrorism?

According to INTERPOL, bioterrorism is the deliberate release of harmful biological agents or toxins to cause disease and fear, with the aim of pressuring governments or civilian populations for political or social objectives.

Concerns Associated with Bioterrorism

• High Casualty Potential: Biological agents can spread rapidly and overwhelm health systems.

• Lessons from COVID-19: The pandemic revealed major weaknesses in global outbreak preparedness, even against natural pathogens.

• Difficult Detection and Attribution: Biological attacks often resemble natural disease outbreaks, complicating early detection and responsibility.

• Dual-Use Research Risks: Advances in biotechnology, synthetic biology, and genetic engineering can be misused.

• Low-Cost, High-Impact Nature: Biological weapons are cheaper to produce than nuclear or chemical weapons, making them attractive to non-state actors.

• Psychological and Economic Disruption: Panic, misinformation, and supply-chain disruptions can destabilise societies and economies.

Measures to Strengthen Global Biosecurity

1. Strengthening National Frameworks

India has proposed a comprehensive national implementation framework, including:

• Regulation of high-risk biological agents,

• Oversight of dual-use research,

• Mandatory domestic reporting, and

• Incident management and response mechanisms.

2. Bio-Forensics and Attribution

Developing scientific capacity to trace outbreak origins can deter misuse and support investigations.

3. Focus on the Global South

India emphasises that Global South countries must be central to future biosecurity planning due to their vulnerability and need for equitable access to vaccines, medicines, and technologies.

4. Oversight of the Dual-Use Dilemma

Stricter ethical review, monitoring, and regulation of research related to vaccines, diagnostics, and biofuels is essential.

5. Strengthening Article VII Assistance

India, along with France, has proposed a global assistance database to ensure timely support to states facing biological threats or treaty violations.

6. International Cooperation

Biological threats require collective action, including cooperation in surveillance, capacity building, and technology sharing.
Agreements such as the Cartagena Protocol on Biosafety (2000) support safe handling of living modified organisms.

7. Confidence Building Measures (CBMs)

Enhanced transparency through data sharing, facility declarations, and legislative updates can strengthen trust under the BWC.