Foreign Relations of the United States, 1969–1976, Volume E–2, Documents on Arms Control and Nonproliferation, 1969–1972

221. Draft Convention Submitted to the Conference of the Committee on Disarmament by the Soviet Representative¹ ²

Geneva, March 30, 1971

Communist Draft Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) Weapons and Toxins and on Their Destruction, March 30, 1971¹

The States Parties to this Convention,

Determined to act with a view to achieving effective progress towards general and complete disarmament and, above all, with a view to prohibiting and eliminating nuclear, chemical, bacteriological (biological) and all other types of weapons of mass destruction,

Convinced that the prohibition of the development, production and stockpiling of bacteriological (biological) weapons and toxins and their elimination will facilitate the achievement of general and complete disarmament,²

Convinced of the immense importance and urgent necessity of eliminating from the arsenals of States such dangerous weapons of mass destruction as weapons using bacteriological (biological) agents and toxins,

Desiring to contribute to the strengthening of confidence between peoples and the general improvement of the international atmosphere,

Believing that scientific discoveries in the field of bacteriology (biology) must in the interests of all mankind be used solely for peaceful purposes,

Recognizing nevertheless that in the absence of appropriate prohibitions the development of scientific knowledge throughout the world would increase the risk of the use of bacteriological (biological) methods of warfare,

Convinced that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimize this risk,

Recognizing the important significance of the Geneva Protocol of 17 June 1925 for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare,³ and conscious also of the contribution which the said Protocol has already made, and continues to make, to mitigating the horrors of war,

Reaffirming their adherence to the purposes and principles of that Protocol and calling upon all States to comply strictly with them,

Guided by the resolutions of the United Nations General Assembly, which has condemned all actions contrary to the Geneva Protocol of 17 June 1925 as well as the use in international armed conflicts of any chemical and any biological means of warfare,⁴

Noting the conclusions contained in the report submitted to the United Nations General Assembly and the Disarmament Committee on the grave consequences for mankind that might result from the use of chemical and bacteriological (biological) weapons,⁵

Convinced that an agreement on bacteriological (biological) weapons will facilitate progress towards the achievement of agreement on effective measures for the complete prohibition of chemical weapons, on which negotiations will be continued,

Anxious to contribute to the realization of the purposes and principles of the Charter of the United Nations,

Have agreed as follows:

Article I

Each State Party to this Convention undertakes not to develop, produce, stockpile or otherwise acquire:

(1) microbiological or other biological agents or toxins of such types and in such quantities as are not designed for the prevention of disease or for other peaceful purposes;

(2) auxiliary equipment or means of delivery designed to facilitate the use of such agents or toxins for hostile purposes.

Article II

Each State Party to this Convention undertakes to destroy within a period of three months after the entry into force of the Convention—observing all the necessary precautions—or to divert to peaceful uses all previously accumulated weapons in its possession as well as the equipment and means of delivery mentioned in article I of the Convention.

Article III

Each State Party to the Convention undertakes not to assist, encourage or induce any particular State, group of States or international organizations to take action contrary to the provisions of this Convention.

Article IV

Each State Party to the Convention shall be internationally responsible for compliance with its provisions by legal or physical persons of that State.

Article V

Each State Party to the Convention undertakes to take as soon as possible, in accordance with its constitutional procedures, the necessary legislative and administrative measures for prohibiting the development, production and stockpiling of the weapons, equipment and means of delivery mentioned in article I of the Convention, and for destroying them.

Article VI

The States Parties to the Convention undertake to consult one another and to co-operate in solving any problems which may arise in the application of the provisions of this Convention.

Article VII

1. Each State Party to the Convention which finds that actions of any other State Party constitute a breach of the obligations assumed under the provisions of this Convention may lodge a complaint with the Security Council of the United Nations. Such a complaint should include all possible evidence confirming its validity, as well as a request for its consideration by the Security Council. The Council shall inform the States Parties to the Convention of the result of the investigation.⁶

2. Each State Party to the Convention undertakes to co-operate in carrying out any investigations which the Security Council may undertake, in accordance with the provisions of the United Nations Charter, on the basis of the complaint received by the Council.

Article VIII

Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Geneva Protocol of 17 June 1925 on the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, an instrument which embodies generally recognized rules of international law.

Article IX

Each State Party to this Convention undertakes to conduct negotiations in good faith on effective measures for prohibiting the development, production and stockpiling of chemical weapons and for their destruction, and on appropriate measures concerning equipment and means of delivery specifically designed for the production or use of chemical weapons as means of warfare.”⁷

Article X

1. The States Parties to the Convention undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes.

2. This Convention shall be implemented in a manner designed to avoid hampering the economic or technological development of States Parties to the Convention or international co-operation in the field of peaceful bacteriological (biological) activities, including the international exchange of bacteriological (biological) agents and toxins and equipment for the processing, use or production of bacteriological (biological) agents and toxins for peaceful purposes in accordance with the provisions of this Convention.

Article XI

Any State Party may propose amendments to this Convention. Amendments shall enter into force for each State Party accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it.

Article XII

1. This Convention shall be of unlimited duration.

2. Five years after the entry into force of this Convention, a conference of States Parties to the Convention shall be held at Geneva, Switzerland, to review the operation of this Convention, so as to be sure that the purposes of the preamble and the provisions of the Convention, including the provisions concerning negotiations on chemical weapons, are being realized. Such review shall take into account any new scientific and technological developments relevant to this Convention.

Article XIII

1. This Convention shall be open to all States for signature. Any State which does not sign the Convention before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Convention shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of ……… which are hereby designated the Depositary Governments.

3. This Convention shall enter into force after the deposit of the instruments of ratification by…. Governments, including the Governments designated as Depositaries of the Convention.

4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or of accession and the date of the entry into force of this Convention, and shall transmit other notices to them.

6. This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article XIV

This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Convention shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

In witness whereof the undersigned, duly authorized, have signed this Convention.

Done in ……. copies at ………, this ……… day of …….,

1. Source: Documents on Disarmament, 1971, pp. 190–194. No classification marking.
2. The draft convention prohibited the development, production, and stockpiling of biological weapons and toxins.
1. CCD/325/Rev. 1, Apr. 15, 1971. The draft Convention was submitted to the CCD by the Soviet representative on behalf of Bulgaria, the Byelorussian SSR, Czechoslovakia, Hungary, Mongolia, Poland, Romania, the Ukrainian SSR, and the USSR. The Apr. 15 edition incorporated several minor changes described below.
2. In the original version (CCD/325, Mar. 30, 1971), there were commas after the words “toxins” and “elimination.”
3. Documents on Disarmament, 1969, pp. 764–765.
4. Ibid., 1968, pp. 793–795; ibid., 1969, pp. 716–717.
5. Ibid., pp. 297–298.
6. In the original version the last sentence of this par. began, “The Security Council shall inform…”
7. In the original version this article read as follows: “Each State Party to this Convention undertakes to conduct negotiations in good faith on effective measures for prohibiting the development, production and stockpiling of chemical weapons, and for their destruction and on appropriate measures concerning equipment and means of delivery specifically designed for carrying out any use of chemical weapons as means of warfare.”