Legal Constraints on Biological Weapons - Deadly Cultures: Biological Weapons Since 1945 - page 343

1975-2005: Constraints on Possession
In the period 1975-2005 states were subject to constraints on possession
of BW that flowed mainly but not exclusively from the BWC. Formally
states may be grouped into four categories according to their BWC treaty
status and other sources of international legal obligation:
• States Parties to the BWC (46 in 1975 at entry into force, 154 by 2005).
These states were subject to the full range of constraints contained in the
BWC (see below).
• States signatories but not parties to the BWC (64 in 1975, reduced to 16 by
2005). These states were subject only to the signatory obligation to re-
frain from acts that would defeat the object and purpose of the BWC, in
the absence of any statement that they did not intend to proceed to rati-
fication.
• States neither parties nor signatories to the BWC (approximately 22 in 2005).
These states were subject only to the corresponding norm of customary
international law, insofar as a norm had evolved that was coextensive
with the BWC constraints.
• States that were “former enemy states” or associated with them. These states
were subject to the provisions on BW in their respective peace treaties
with the victors of World War II or other postwar settlements dating re-
spectively from 1947 (Bulgaria, Finland, Hungary, Italy, and Romania)
and 1955 (Austria and the Federal Republic of Germany). However,
these provisions were in general less far-reaching and specific than the
obligations flowing from the BWC, to which all the states in this cate-
gory became parties between 1975 and 1983.
STATES PARTIES TO THE BWC The following is a summary of the
structure of obligations in the BWC, article by article: 9
Article I Never in any circumstances to develop, produce, stockpile, or
otherwise acquire or retain: (1) microbial or other biological agents, or
toxins whatever their origin or method of production, of types and in
quantities that have no justification for prophylactic, protective, or
other peaceful purposes; (2) weapons, equipment, or means of delivery
designed to use such agents or toxins for hostile purposes or in armed
conflict