Статус Конвенции о запрещении разработки, производства и накопления запасов бактериологического (биологического) и токсинного оружия и об их уничтожении (16 декабря 1971 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О ЗАПРЕЩЕНИИ РАЗРАБОТКИ, ПРОИЗВОДСТВА И НАКОПЛЕНИЯ ЗАПАСОВ БАКТЕРИОЛОГИЧЕСКОГО (БИОЛОГИЧЕСКОГО) И ТОКСИННОГО ОРУЖИЯ И ОБ ИХ УНИЧТОЖЕНИИ (16 ДЕКАБРЯ 1971 ГОДА)

(по состоянию на 28 октября 2025 года)

Вступление в силу: 26.03.1975

CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS AND ON THEIR DESTRUCTION

10 April 1972

Entry in force: 26.03.1975

State parties (185) — State signatories (4)

<1> Ratification: a treaty is generally open for signature for a certain time following the conference which has adopted it. However, a signature is not binding on a State unless it has been endorsed by ratification. The time limits having elapsed, the Conventions and the Protocols are no longer open for signature. The States which have not signed them may at any time accede or, in the appropriate circumstances, succeed to them.

Accession: instead of signing and then ratifying a treaty, a State may become party to it by the single act called accession.

<2> Reservation / Declaration: unilateral statement, however phrased or named, made by a State when ratifying, acceding or succeeding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State (provided that such reservations are not incompatible with the object and purpose of the treaty).

Austria

Reservation made upon ratification:

«Considering the obligations resulting from its status as a permanently neutral State, the Republic of Austria declares a reservation to the effect that its co-operation within the framework of this Convention cannot exceed the limits determined by the status of permanent neutrality and membership with the United Nations.»

«This reservation refers in particular to Article VII of this Convention as well as to any similar provision replacing or supplementing this article.»

SOURCE: UNTS, Vol. 1015, pp. 237 — 238.

Bahrain

Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction, 1972, shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith.»

SOURCE: Notification of the Foreign & Commonwealth Office, London, 3 June 1991.

China

Declaration made upon accession at Washington:

«As regards the statement of the Embassy of the USSR, the Ambassador wishes to express that the Republic of China is a sovereign State and its Government in exercising its sovereignty has the right to sign and to ratify the Convention. The said Soviet statement is malicious and invalid and should, therefore, be rejected.»

*****

Declaration made upon accession in London, Moscow and Washington:

«1. The basic spirit of the Convention on the Prohibition of Biological Weapons conforms to China's consistent position and is conducive to the efforts of the world's peace-loving countries and peoples in fighting against aggression and maintaining world peace. China once was one of the victims of biological (bacteriological) weapons. China has not produced or possessed such weapons and will never do so in the future. However, the Chinese Government considers that the Convention has its defects. For instance, it fails to provide in explicit terms for the „prohibition of the use of“ biological weapons and the concrete and effective measures for supervision and verification; and it lacks forceful measures of sanctions in the procedure of complaint against instances of violation of the Convention. It is the hope of the Chinese Government that these defects may be made up or corrected at an appropriate time.»

«2. It is also the hope of the Chinese Government that a convention on complete prohibition and thorough destruction of chemical weapons will soon be concluded.»

«3. The signature and ratification of the Convention by the Taiwan authorities in the name of China on 10 April 1972 and 9 February 1973 are illegal and null and void.»

SOURCE: Status of Multilateral Arms Regulation and Disarmament Agreements, New York, 1987, p. 129.

Czech Republic

In a Note dated 24 March 1993, received on 5 April 1993 the Minister of Foreign Affairs for the Czech Republic notified the Secretary of State for Foreign and Commonwealth Affairs of the following:

«Upon the Instruction of the Government of the Czech Republic and referring to the Declaration of the Czech National Council to All Parliaments and Nations of the World of 17 December 1992, I have the honor to communicate to Your Excellency the following:»

In conformity with the valid principles of international law and to the extent defined by it, the Czech Republic, as a successor State to the Czech and Slovak Federal Republic, considers itself bound, as of 1 January 1993, i.e. the date of the dissolution of the Czech and Slovak Federal Republic, by multilateral international treaties to wich the Czech and Slovak Federal Republic was a party on that date, including reservations and declarations to their provisions made earlier by the Czech and Slovak Federal Republic. From among the treaties deposited with the Government of the United Kingdom of Great Britain and Northern Ireland this applies also to the following: Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at London, Washington and Moscow on 10 April 1972.»

SOURCE: Foreign and Commonwealth Office Nationality, Treaty and Claims Department Treaty Section (Ref. NTT 374/9) London, 19.01.1995

India

Declaration made upon signature and reiterated upon ratification:

«India has stood for the elimination of both chemical and bacteriological (biological) weapons. However, in view of the situation that developed in regard to the discussions concerning biological and chemical weapons, it became possible to reach agreement at the present moment on a Convention on the elimination of biological and toxin weapons only. Negotiations would need to be continued for the elimination of chemical weapons also. It has been recognised that, both in regard to the Convention on biological and toxin weapons and in respect of future negotiations concerning chemical weapons, the Geneva Protocol of 1925 should be safeguarded and the inseparable link between prohibition of biological and chemical weapons should be maintained.»

India's position on the Convention on biological and toxin weapons has been outlined in the statements of the representative of India before the Conference of the Committee on Disarmament (CCD) and the First Committee of the General Assembly.

The Government of India would like to reiterate in particular its understanding that the objective of the Convention is to eliminate biological and toxin weapons, thereby excluding completely the possibility of their use, and that the exemption in regard to biological agents or toxins, which would be permitted for prophylactic, protective or other peaceful purposes would not, in any way, create a loophole in regard to the production or retention of biological and toxin weapons. Also, any assistance which might be furnished under the terms of the Convention, would be of medical or humanitarian nature and in conformity with the Charter of the United Nations. India's support to the Convention on biological and toxin weapons is based on these main considerations. It is India's earnest hope that the Convention will be adhered to by all States, including all the major Powers at a very early date.»

SOURCE. UNTS, Vol. 1015, pp. 232 — 233.

*****

Declaration made upon ratification:

«The Government of India's position on the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, has already been made clear on the occasion of its signature.»

SOURCE. UNTS, Vol. 1015, pp. 232 — 233.

Kuwait

Declaration made upon ratification:

At London and Washington:

Understanding

«In ratifying the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction, 1972, the Government of the State of Kuwait takes the view that its ratification of the said Convention does not in any way imply its recognition of Israel, nor does it oblige it to apply the provisions of the aforementioned Convention in respect of the said country.»

«In tendering this „Understanding“ the Government of the State of Kuwait reaffirms its position in accepting the obligations it has undertaken to assume by virtue of its ratification of the said Convention. It also confirms that the last clause of the „Understanding“ does not prejudice the said indivisible obligations.»

At Moscow:

«In ratifying the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, 1972, the Government of the State of Kuwait takes the view that its ratification of the said Convention does not in any way imply its recognition of Israel, nor does it oblige it to apply the provisions of the aforementioned Convention in respect of the said country.»

SOURCE: UNTS, Vol. 1015, p. 238 — 239.

Malaysia

Reservation made upon ratification:

«Malaysia's ratification of this Convention does not in any way constitute recognition of the States of Israel and South Africa nor does it consider itself duty bound by Article VII to provide assistance to those two States.»

Russian Federation

Declaration made upon ratification at Washington:

The Embassy of the Union of Soviet Socialist Republics refers to the Department of State's Note dated April 6, 1973, regarding the deposit by a representative of Chiang-Kai-Shek of an instrument of ratification of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, and hereby confirms the position of the Soviet Union regarding the illegality of the above-mentioned act, inasmuch as the Chiang-Kai-Shek clique does not represent anyone and does not have the right to act in the name of China; the government of the Chinese People's Republic is the sole representative of China.

At Moscow:

The Soviet Government is of the opinion that, as decisions of the General Assembly have repeatedly stated, the United Kingdom bears full responsibility with regard to Southern Rhodesia until the people of that Territory achieve real independence. This fully applies to the Convention in question also.

SOURCE: UNTS, vol 1015, p. 240, translation supplied by the Government of the United States of America.

Slovakia

In a Note dated 17 May 1993, the Ministry of Foreign Affairs of the Slovak Republic notified the Foreign and Commonwealth Office of the following:

«In conformity with the valid principles of international law and to the extent defined by it, the Slovak Republic as one of the successor States to the Czech and Slovak Federal Republic, considers itself bound, as of 1st January 1993, i.e. the date of the dissolution of the Czech and Slovak Federal Republic, by multilateral international treaties to wich the Czech and Slovak Federal Republic was a party on that date, including reservations and declarations to their provisions made earlier by the Czech and Slovak Federal Republic. From among the treaties deposited with the Government of the United Kingdom of Great Britain and Northern Ireland this applies to the following:»

Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at London, Moscow and Washington on 10 April 1972.»

SOURCE: Foreign and Commonwealth Office Nationality, Treaty and Claims Department Treaty Section (Ref: NTT 374/9) London, 19.02.1995

Switzerland

Declaration made upon signature in London, Moscow and Washington:

1. In Switzerland, the Convention will not be submitted for parliamentary approval prior to ratification until it has attained that degree of universality deemed necessary by the Swiss Government.

2. Owing to the fact that the Convention applies also to arms, equipment or means of delivery designed for the use of biological agents or toxins, the delimitation of its sphere of application may give rise to difficulties, since there are scarcely any arms, equipment or means of delivery designed for such use. Switzerland now reserves the right to decide for itself which auxiliary means come under this definition.

3. Owing to the obligations resulting from its status as a perpetually neutral State, Switzerland is bound to make the general reservation that its co-operation with in the framework of this Convention cannot go beyond what this status prescribes. This reservation relates especially to Article VII of the Convention as well as any analogous clause which may replace or complete this provision in the Convention (or in any other arrangement).

SOURCE: UNTS, vol 1015, p. 237

*****

On ratification of the Convention, the last two paragraph will be repeated as formal reservations:

1. Owing to the fact that the Convention also applies to weapons, equipment or means of delivery designed to use such biological agents or toxins, the delimitation of its scope of application can cause difficulties since there are scarcely any weapons, equipment or means of delivery peculiar to such use; therefore, Switzerland reserves the right to decide for itself what auxiliary means fall within that definition.

2. By reason of the obligations resulting from its status as a perpetually neutral State, Switzerland is bound to make the general reservation that its collaboration within the framework of this Convention cannot go beyond the terms prescribed by that status. This reservation refers especially to Article VII of the Convention as well as to any similar clause that could replace or supplement that provision of the Convention (or any other arrangement).

SOURCE: Status of Multilateral Arms Regulation and Disarmament Agreements, New York 1987, pp. 131 — 132.

United Kingdom of Great Britain and Northern Ireland

*****

Declaration made upon ratification at London, Moscow and Washington:

«...that the provisions of the Convention shall not apply in regard to Southern Rhodesia unless and until the Government of the United Kingdom informs the other depositary Governments that it is in a position to ensure that the obligations imposed by the Convention in respect of that territory can be fully implemented.»

SOURCE: UNTS, vol. 1015, p. 241.