Law enforcement measures

All States Parties to the Biological and Toxin Weapons Convention (BTWC) are obliged under Article IV to take 'any necessary measures' to prohibit and prevent the development, production, stockpiling, acquisition or retention of the agents, toxins, weapons, equipment and means of delivery specified in Article I of the Convention. These measures are applicable within the territory of the State Party, or any territory under its jurisdiction or under its control. A State Party is to adopt these measures in  accordance with its constitutional process. At the 6th Review Conference (20 November - 8 December 2006) the States Parties reaffirmed their understanding of their obligations under Article IV.

Complying with Article IV requires legislative, administrative, judicial and other measures, including penal legislation, designed:

  • to enhance domestic implementation of the Convention and ensure the prohibition and prevention of the development, production, stockpiling, acquisition or retention of the agents, toxins, weapons, equipment and means of delivery as specified in Article I of the Convention (6th Review Conference understanding, Article IV);
  • to be applicable to any natural or legal persons residing on the territory of the State Party, under its jurisdiction or under its control anywhere. If constitutionally possible and in conformity with international law,  the measures should also cover any actions taken anywhere by an actor  possessing the State Party's nationality (6th Review Conference understanding, Article IV);
  • to ensure the safety and security of microbial or other biological agents or toxins in laboratories, facilities, and during transportation, to prevent unauthorized access to and removal of such agents or toxins (6th Review Conference, Article IV); and
  • to strengthen methods and capacities for surveillance and detection of outbreaks of disease at the national, regional and international levels (6th Review Conference, Article IV).

In addition, States Parties agreed at the 6th Review Conference that the following national measures would support their national implementation of the Convention:

  • designation of a national focal point for coordinating implementation of the Convention and communicating with other States Parties and relevant international organisations;
  • inclusion in medical, scientific and military educational materials and programmes of information on the Convention and the 1925 Geneva Protocol;
  • promotion of the development of training and education programmes for those granted access to biological agents and toxins relevant to the Convention and for those with the knowledge or capacity to modify such agents and toxins, in order to raise awareness of the risks, as well as of the obligations of States Parties under the Convention;
  • promotion of awareness amongst relevant professionals of the need to report activities conducted within their territory or under their jurisdiction or under their control that would constitute a violation of the Convention or related national criminal law, such as by the development, promulgation and adoption of codes of conduct and self-regulatory mechanisms to raise awareness.