On 28 April 2004 the UN Security Council adopted Resolution 1540 under Chapter VII of the UN Charter, which aims to prevent non-state actors from acquiring unconventional weapons, related materials and means of delivery.

To this end, all UN member states are required to adopt and enforce laws as well as other measures of domestic control. The resolution has its origins in the declaration issued by the UN Security Council meeting at the level of Heads of State on 31 January 1992, which declared in the wake of the first Gulf war that ‘the proliferation of all weapons of mass destruction constitutes a threat to international peace and security'. Resolution 1540 also forms part of a series of resolutions on terrorism adopted by the UN Security Council after the terrorist attacks against the United States in 2001.

Resolution 1540 and its relation to the BTWC

With regard to biological weapons (BW), Resolution 1540 basically follows the obligation of Article IV of the BTWC (although the actual language used refers to all categories of non-conventional weapons). It should be noted that through the reference to ‘any recipient whatsoever' in Article III, the BTWC already addressed the threat of non-states actors acquiring BW. The resolution, however, moves beyond the ‘weapon' (biological agent and delivery means) and also covers the dual-use technologies required for weapon development and production. Moreover, it requires states to develop and maintain appropriate effective physical protection measures and a range of laws, regulations and other measures to effectively control international and domestic transfers of BW and related materials. UN Members must report the status of their laws and regulations to the 1540 Committee, which was established under the terms of the resolution, and can also submit requests for assistance in order to meet their obligations. (The mandate of the 1540 Committee was extended by UN Security Council Resolution 1673 of 27 April 2006.)

Resolution 1540 reinforces a trend after the 2001 terrorist attacks that the strength of international norms depend not just on the number of states adhering to a treaty, but also on them actively applying and enforcing the treaty obligations. With regard to the norm against the weaponisation of disease, Resolution 1540 thus extends the core prohibitions in Articles I to III of the BTWC to all members of the United nations, irrespective of whether they are party to the convention or not.

The Council of the European Union has adopted a separate Joint Action to support the implementation of Resolution 1540.