A
collection of some international legal instruments legalizing the
production, stockpiling and use of biological and chemical weapons, by
exempting (from prohibitions) products and uses deemed — without
supporting physical evidence, instead solely on the basis of deceitful
container labels — to be intended for medical, prophylactic, prevention
of disease or other peaceful purposes.
1907
- Hague Convention IV, Respecting the Laws and Customs of War on Land;
Annex - Section II, Hostilities; Chapter I, Means of Injuring the Enemy,
Sieges, and bombardments
Article 23.
In addition to the prohibitions provided by special Conventions, it is especially forbidden-
To employ poison or poisoned weapons;
To kill or wound treacherously individuals belonging to the hostile nation or army;
To
kill or wound an enemy who, having laid down his arms, or having no
longer means of defence, has surrendered at discretion; To declare that
no quarter will be given;
To employ arms, projectiles, or material calculated to cause unnecessary suffering;
To
make improper use of a flag of truce, of the national flag or of the
military insignia and uniform of the enemy, as well as the distinctive
badges of the Geneva Convention [of 1864];
To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;
To
declare abolished, suspended, or inadmissible in a court of law the
rights and actions of the nationals of the hostile party. A belligerent
is likewise forbidden to compel the nationals of the hostile party to
take part in the operations of war directed against their own country,
even if they were in the belligerent's service before the commencement
of the war.
1925
- Geneva Protocol for the Prohibition of the Use of Asphyxiating,
Poisonous or Other Gases, and of Bacteriological Methods of Warfare
Wikipedia:
The
Protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous or other Gases, and of Bacteriological Methods of Warfare,
usually called the Geneva Protocol, is a treaty prohibiting the use of
chemical and biological weapons in international armed conflicts. It was
signed at Geneva on 17 June 1925 and entered into force on 8 February
1928. It was registered in League of Nations Treaty Series on 7 September 1929.
The
Geneva Protocol is a protocol to the Convention for the Supervision of
the International Trade in Arms and Ammunition and in Implements of War
signed on the same date, and followed the Hague Conventions of 1899 and
1907.
It
prohibits the use of "asphyxiating, poisonous or other gases, and of
all analogous liquids, materials or devices" and "bacteriological
methods of warfare." This is now understood to be a general prohibition
on chemical weapons and biological weapons, but has nothing to say about
production, storage or transfer. Later treaties did cover these aspects
– the 1972 Biological Weapons Convention (BWC) and the 1993 Chemical
Weapons Convention (CWC).
Geneva Protocol, relevant text
...Whereas
the use in war of asphyxiating, poisonous or other gases, and of all
analogous liquids, materials or devices, has been justly condemned by
the general opinion of the civilized world; and
Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of the world are Parties; and
To
the end that this prohibition shall be universally accepted as a part
of International Law, binding alike the conscience and the practice of
nations;
Declare:
That
the High Contracting Parties, so far as they are not already Parties to
Treaties prohibiting such use, accept this prohibition, agree to extend
this prohibition to the use of bacteriological methods of warfare and
agree to be bound as between themselves according to the terms of this
declaration...
Comment:
The Geneva Protocol addressed use of chemical and bacteriological
materials in "war" only. The Geneva Protocol was silent on the use of
chemical and bacteriological materials in medical research,
experimentation and treatment, scientific experimentation and research,
agriculture, industry, and for law enforcement and military purposes not
deemed elements of warfare.
1949 Geneva Conventions
Wikipedia:
The
Geneva Conventions are international humanitarian laws consisting of
four treaties and three additional protocols that establish
international legal standards for humanitarian treatment in war.
The singular term Geneva Convention
colloquially denotes the agreements of 1949, negotiated in the
aftermath of the Second World War (1939–1945), which updated the terms
of the two 1929 treaties and added two new conventions.
The
Geneva Conventions extensively define the basic rights of wartime
prisoners, civilians and military personnel; establish protections for
the wounded and sick; and provide protections for the civilians in and
around a war-zone.
The
Geneva Conventions define the rights and protections afforded to those
non-combatants who fulfill the criteria of being 'protected persons.'
The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries.
The Geneva Conventions concern only protected non-combatants in war.
The
use of wartime conventional weapons is addressed by the Hague
Conventions of 1899 and 1907 and the 1980 Convention on Certain
Conventional Weapons, while the biological and chemical warfare in
international armed conflicts is addressed by the 1925 Geneva Protocol.
Comments:
The
First Geneva Convention provided "for the amelioration of the condition
of the wounded and sick in armed forces in the field." The Second
Geneva Convention provided "for the amelioration of the condition of
wounded, sick and shipwrecked members of armed forces at sea." The Third
Geneva Convention addressed acts and omissions "relative to the
treatment of prisoners of war." The Fourth Geneva Convention addressed
acts and omissions "relative to the protection of civilian persons."
Several articles are included in each of the four Geneva Conventions, called "common articles."
Provisions relevant to use of poisonous substances on human targets include the following.
Common Article 3. —
In
the case of armed conflict not of an international character occurring
in the territory of one of the High Contracting Parties, each Party to
the conflict shall be bound to apply, as a minimum, the following
provisions:
1)
Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed hors de combat [out
of action] by sickness, wounds, detention, or any other cause, shall in
all circumstances be treated humanely, without any adverse distinction
founded on race, colour, religion or faith, sex, birth or wealth, or any
other similar criteria.
To
this end, the following acts are and shall remain prohibited at any
time and in any place whatsoever with respect to the above-mentioned
persons:
a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
b) taking of hostages;
c) outrages upon personal dignity, in particular humiliating and degrading treatment;
d) the
passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court, affording
all the judicial guarantees which are recognized as indispensable by
civilized peoples.
First Geneva Convention (regarding members of armed forces in the field), Article 12 - Wounded and sick, protection and care
Article 12 —
Members of the armed forces and other persons mentioned in the
following Article, who are wounded or sick, shall be respected and
protected in all circumstances.
They
shall be treated humanely and cared for by the Party to the conflict in
whose power they may be, without any adverse distinction founded on
sex, race, nationality, religion, political opinions, or any other
similar criteria. Any attempts upon their lives, or violence to their
persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments;
they shall not wilfully be left without medical assistance and care,
nor shall conditions exposing them to contagion or infection be
created...
First Geneva Convention, Article 50 - Repression of Abuses and Infractions; Grave breaches
Article 50 —
Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or
property protected by the Convention: wilful killing,
torture or inhuman treatment, including biological experiments, wilfully
causing great suffering or serious injury to body or health,
and extensive destruction and appropriation of property, not justified
by military necessity and carried out unlawfully and wantonly.
Second
Geneva Convention (regarding members of armed forces at sea), Article
12 - Wounded, sick and shipwrecked, protection and care
Article 12 —
Members of the armed forces and other persons mentioned in the
following Article, who are at sea and who are wounded, sick or
shipwrecked, shall be respected and protected in all circumstances, it
being understood that the term “shipwreck” means shipwreck from any
cause and includes forced landings at sea by or from aircraft.
Such
persons shall be treated humanely and cared for by the Parties to the
conflict in whose power they may be, without any adverse distinction
founded on sex, race, nationality, religion, political opinions, or any
other similar criteria. Any attempts upon their lives, or violence to
their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments;
they shall not wilfully be left without medical assistance and care,
nor shall conditions exposing them to contagion or infection be
created...
Second Geneva Convention, Article 51 - Repression of Abuses and Infractions; penal sanctions; grave breaches
Article 51 —
Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or
property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health,
and extensive destruction and appropriation of property, not justified
by military necessity and carried out unlawfully and wantonly.
Third Geneva Convention, (regarding prisoners of war), Article 13 - Humane treatment of prisoners
Article 13 —
Prisoners of war must at all times be humanely treated. Any unlawful
act or omission by the Detaining Power causing death or seriously
endangering the health of a prisoner of war in its custody is
prohibited, and will be regarded as a serious breach of the present
Convention. In particular, no prisoner of war may be
subjected to physical mutilation or to medical or scientific experiments
of any kind which are not justified by the medical, dental or hospital
treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly
against acts of violence or intimidation and against insults and public
curiosity. Measures of reprisal against prisoners of war are
prohibited.
Fourth Geneva Convention, (regarding civilian persons) Article 32 - Prohibition on corporal punishment, torture, etc.
Article 13 —
The High Contracting Parties specifically agree that each of them is
prohibited from taking any measure of such a character as to cause the
physical suffering or extermination of protected persons in their hands.
This prohibition applies not only to murder, torture,
corporal punishment, mutilation and medical or scientific experiments
not necessitated by the medical treatment of a protected person, but
also to any other measures of brutality whether applied by civilian or
military agents.
Fourth Geneva Convention, (regarding civilian persons) Article 146. — Execution of the Convention; Penal sanctions
Article
146 - The High Contracting Parties undertake to enact any legislation
necessary to provide effective penal sanctions for persons committing,
or ordering to be committed, any of the grave breaches of the present
Convention defined in the following Article.
Each
High Contracting Party shall be under the obligation to search for
persons alleged to have committed, or to have ordered to be committed,
such grave breaches, and shall bring such persons, regardless of their
nationality, before its own courts. It may also, if it prefers, and in
accordance with the provisions of its own legislation, hand such persons
over for trial to another High Contracting Party concerned, provided
such High Contracting Party has made out a prima facie case.
Each
High Contracting Party shall take measures necessary for the
suppression of all acts contrary to the provisions of the present
Convention other than the grave breaches defined in the following
Article.
In
all circumstances, the accused persons shall benefit by safeguards of
proper trial and defence, which shall not be less favourable than those
provided by Article 105 and those following of the Geneva Convention
relative to the Treatment of Prisoners of War of August 12, 1949.
Fourth Geneva Convention, (regarding civilian persons) Article 147. — Execution of the Convention; grave breaches
Article 147 — Grave breaches
Grave
breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or
property protected by the present Convention: wilful
killing, torture or inhuman treatment, including biological experiments,
wilfully causing great suffering or serious injury to body or health,
unlawful deportation or transfer or unlawful confinement of a protected
person, compelling a protected person to serve in the forces of a
hostile Power, or wilfully depriving a protected person of the rights of
fair and regular trial prescribed in the present Convention, taking of
hostages and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly.
1972 UN Convention on Bacteriological (Biological) and Toxin Weapons
The
UN Convention on the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on
their Destruction, opened for signatures 1972 and entered into force in
1975.
Article I.
Each
State Party to this Convention undertakes 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...
ARTICLE II.
Each
State Party to this Convention undertakes to destroy, or to divert to
peaceful purposes, as soon as possible but not later than nine months
after the entry into force of the Convention, all agents, toxins,
weapons, equipment and means of delivery specified in Article I of the
Convention, which are in its possession or under its jurisdiction or
control.
ARTICLE X
1. The State Parties to this 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. Parties to the Convention in a position to do
so shall also co-operate in contributing individually or together with
other States or international organisations to the further development
and application of scientific discoveries in the field of bacteriology
(biology) for the prevention of disease, or for other 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 the Convention.
Comments:
The
1972 UN Convention did not prohibit use of biological and toxin
weapons, only development, production, stockpiling, acquisition and
retention.
The
1972 UN convention on biological, bacteriological and toxin weapons did
not prohibit all biological agents, only those "of types and in
quantities that have no justification for prophylactic, protective or
other peaceful purposes."
The
convention only prohibited weapons, equipment or delivery systems
related to using biological agents or toxins "for hostile purposes or in
armed conflict."
The
1972 UN Convention explicitly ratified exchange of "equipment,
materials and scientific and technological information" for purposes
deemed to be peaceful, such as "prevention of disease."
The
1972 UN Convention did not define the terms prophylactic, protective or
peaceful purposes, and did not provide for physical evidence,
evidentiary standards or fact-finding procedures or venues to establish
or disprove claims that the purpose of any given biological agent was
peaceful, prophylactic, protective or capable of contributing to
prevention of disease.
These
omissions and exclusions were intentional: to preserve the legal,
non-prohibited production, stockpiling and use of bottled, refrigerated,
hypodermic syringe-delivered biological agents and toxins deceitfully
classified as being for prophylactic, protective and peaceful purposes.
1976 UN International Covenant on Civil and Political Rights
Article 7 - No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
1977 Additional Protocols to the Geneva Conventions
Additional
Protocol I related to “the protection of victims of international armed
conflicts." Additional Protocol II related to "the protection of
victims of non-international armed conflicts."
Additional Protocol I, Article 11
Article 11
1.
The physical or mental health and integrity of persons who are in the
power of the adverse Party or who are interned, detained or otherwise
deprived of liberty as a result of a situation referred to in Article 1
shall not be endangered by any unjustified act or omission. Accordingly,
it is prohibited to subject the persons described in
this Article to any medical procedure which is not indicated by the
state of health of the person concerned and which is not consistent with
generally accepted medical standards which would be applied under
similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.
2. It is, in particular, prohibited to carry out on such persons, even with their consent:
a) physical mutilations;
b) medical or scientific experiments;
c) removal of tissue or organs for transplantation,
except where these acts are justified in conformity with the conditions provided for in paragraph 1...
4.
Any wilful act or omission which seriously endangers the physical or
mental health or integrity of any person who is in the power of a Party
other than the one on which he depends and which either violates any of
the prohibitions in paragraphs 1 and 2 or fails to comply with the
requirements of paragraph 3 shall be a grave breach of this Protocol.
Additional Protocol I, Article 75
Article 75 - Fundamental guarantees...
2.
The following acts are and shall remain prohibited at any time and in
any place whatsoever, whether committed by civilian or by military
agents:
a) violence to the life, health, or physical or mental well-being of persons, in particular:
i) murder;
ii) torture of all kinds, whether physical or mental;
iii) corporal punishment; and
iv) mutilation...
Additional Protocol II, Article 4 - Fundamental guarantees
4(2)
Without prejudice to the generality of the foregoing, the following
acts against the persons referred to in paragraph 1 are and shall remain
prohibited at any time and in any place whatsoever:
a) violence
to the life, health and physical or mental well-being of persons, in
particular murder as well as cruel treatment such as torture, mutilation
or any form of corporal punishment;
Additional Protocol II, Article 5 - Persons whose liberty has been restricted
Article
5(2) Those who are responsible for the internment or detention of the
persons referred to in paragraph 1 shall also, within the limits of
their capabilities, respect the following provisions relating to such
persons:...
(e)
their physical or mental health and integrity shall not been dangered
by any unjustified act or omission. Accordingly, it is prohibited
to subject the persons described in this Article to any medical
procedure which is not indicated by the state of health of the person
concerned, and which is not consistent with the generally accepted
medical standards applied to free persons under similar medical
circumstances.
Comment:
The
US, under the administration of President Carter, signed Additional
Protocol I and Additional Protocol II but the US is not a party to the
1977 protocols, because the Senate has not ratified them.
1988 - UN Body of Principles for the Protection of All Persons under Detention or Imprisonment
Principle 22 - No detained or imprisoned person shall, even with his consent, be subjected to any medical or scientific experimentation which may be detrimental to his health.
1993 UN Chemical Weapons Convention
UN
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction opened
for signatures in 1993 and entered into force in 1997.
Article I, General Obligations
1. Each State Party to this Convention undertakes never under any circumstances:
(a)
To develop, produce, otherwise acquire, stockpile or retain chemical
weapons, or transfer, directly or indirectly, chemical weapons to
anyone;
(b) To use chemical weapons;
(c) To engage in any military preparations to use chemical weapons;
(d)
To assist, encourage or induce, in any way, anyone to engage in any
activity prohibited to a State Party under this Convention.
2.
Each State Party undertakes to destroy chemical weapons it owns or
possesses, or that are located in any place under its jurisdiction or
control, in accordance with the provisions of this Convention.
3.
Each State Party undertakes to destroy all chemical weapons it
abandoned on the territory of another State Party, in accordance with
the provisions of this Convention.
4.
Each State Party undertakes to destroy any chemical weapons production
facilities it owns or possesses, or that are located in any place under
its jurisdiction or control, in accordance with the provisions of this
Convention.
5. Each State Party undertakes not to use riot control agents as a method of warfare.
Article II, Definitions and Criteria
For the purposes of this Convention:
1. "Chemical Weapons" means the following, together or separately:
(a) Toxic
chemicals and their precursors, except where intended for purposes not
prohibited under this Convention, as long as the types and quantities
are consistent with such purposes;
(b)
Munitions and devices, specifically designed to cause death or other
harm through the toxic properties of those toxic chemicals specified in
subparagraph (a), which would be released as a result of the employment
of such munitions and devices;
(c)
Any equipment specifically designed for use directly in connection with
the employment of munitions and devices specified in subparagraph (b).
2. "Toxic Chemical" means:
Any
chemical which through its chemical action on life processes can cause
death, temporary incapacitation or permanent harm to humans or animals. This
includes all such chemicals, regardless of their origin or of their
method of production, and regardless of whether they are produced in
facilities, in munitions or elsewhere.
(For
the purpose of implementing this Convention, toxic chemicals which have
been identified for the application of verification measures are listed
in Schedules contained in the Annex on Chemicals.)
3. "Precursor" means:
Any
chemical reactant which takes part at any stage in the production by
whatever method of a toxic chemical. This includes any key component of a
binary or multicomponent chemical system.
(For
the purpose of implementing this Convention, precursors which have been
identified for the application of verification measures are listed in
Schedules contained in the Annex on Chemicals.)
9. "Purposes Not Prohibited Under this Convention" means:
(a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
(b) Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;
(c) Military
purposes not connected with the use of chemical weapons and not
dependent on the use of the toxic properties of chemicals as a method of
warfare;
(d) Law enforcement including domestic riot control purposes.
Comments:
The
terms of the UN Chemical Weapons Convention protected the right of each
party "to develop, produce, otherwise acquire, retain, transfer and use
toxic chemicals and their precursors for purposes not prohibited under
this Convention."
The
terms of the convention required each State Party to "make an initial
declaration on relevant chemicals and facilities in accordance with the
Verification Annex." Article VI(7)
The
Annex on Chemicals included guidelines for classification of chemical
compounds as Schedule 1, Schedule 2 or Schedule 3, followed by lists of
chemicals under each schedule heading.
The
Verification Annex to the UN Chemical Weapons Convention defined
"discrete organic chemical" to mean "any chemical belonging to the class
of chemical compounds consisting of all compounds of carbon except for
its oxides, sulfides and metal carbonates, identifiable by chemical
name, by structural formula, if known, and by Chemical Abstracts Service
registry number, if assigned."
Under
a part titled "activities not prohibited under this convention in
accordance with Article VI," the Verification Annex required that the
initial declaration made by each State Party listing "relevant chemicals
and facilities" include
"a
list of all plant sites that: (a) Produced by synthesis during the
previous calendar year more than 200 tonnes of unscheduled discrete
organic chemicals; or (b) Comprise one or more plants which produced by
synthesis during the previous calendar year more than 30 tonnes of an
unscheduled discrete organic chemical containing the elements
phosphorus, sulfur or fluorine (hereinafter referred to as "PSF-plants"
and "PSF-chemical"). Verification Annex, Part IX.
Through
a May 16, 1997 decision by the Convention of State Parties, the parties
expressed the "understanding" that the requirement for declaring all
plant sites producing "unscheduled discrete organic chemical" does not
"cover" plants producing "unscheduled discrete organic chemicals" in the
form of "oligomers and polymers, whether or not containing phosphorus,
sulfur or fluorine" nor plants producing "chemicals only containing
carbon and metal." UN-OPCW C-I/DEC.39
Oligomers
and polymers, as "discrete organic chemicals" exempt from plant
disclosures and production prohibitions under the UN Chemical Weapons
Convention, include proteins, nucleic acids, and other biological
macromolecules formed by living organisms through cell and tissue
culture, propagation and fermentation methods used in vaccine
production.
1998 - Rome Statutes of the International Criminal Court
Article 8. War crimes
1.
The Court shall have jurisdiction in respect of war crimes in
particular when committed as part of a plan or policy or as part of a
large-scale commission of such crimes.
2. For the purpose of this Statute, “war crimes” means:
(a)
Grave breaches of the Geneva Conventions of 12 August 1949, namely, any
of the following acts against persons or property protected under the
provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;...
(b)
Other serious violations of the laws and customs applicable in
international armed conflict, within the established framework of
international law, namely, any of the following acts:…
(iii)
Intentionally directing attacks against personnel, installations,
material, units or vehicles involved in a humanitarian assistance or
peacekeeping mission in accordance with the Charter of the United
Nations, as long as they are entitled to the protection given to
civilians or civilian objects under the international law of armed
conflict;…
(x) Subjecting persons who are in the power of an adverse party to physical
mutilation or to medical or scientific experiments of any kind which
are neither justified by the medical, dental or hospital treatment of
the person concerned nor carried out in his or her interest, and which
cause death to or seriously endanger the health of such person or
persons;…
(xvii) Employing poison or poisoned weapons [inserted Dec. 14, 2017];
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices [inserted Dec. 14, 2017];…
(xxvii) Employing weapons, which use microbial or other biological agents, or toxins, whatever their origin or method of production [inserted Dec. 14, 2017]…
(e)
Other serious violations of the laws and customs applicable in armed
conflicts not of an international character, within the established
framework of international law, namely, any of the following acts:...
(xi) Subjecting persons who are in the power of another party to the conflict to physical
mutilation or to medical or scientific experiments of any kind which
are neither justified by the medical, dental or hospital treatment of
the person concerned nor carried out in his or her interest, and which
cause death to or seriously endanger the health of such person or
persons;
(xiii) Employing poison or poisoned weapons [inserted June 11, 2010];
(xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices [inserted June 11, 2010];…
(xvi) Employing weapons, which use microbial or other biological agents, or toxins, whatever their origin or method of production [inserted Dec. 14, 2017].
Comment:
The United States signed the Rome Statute of the International Criminal Court in 1998 but withdrew its signature in 2002.
2005 - International Committee of the Red Cross Customary Rules of International Humanitarian Law
Weapons - General Principles on the Use of Weapons
Rule 70. The use of means and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering is prohibited. [International Armed Conflicts and Non-International Armed Conflicts]
Rule 71. The use of weapons which are by nature indiscriminate is prohibited. [IAC/NIAC]
Rule 72 - The use of poison or poisoned weapons is prohibited. [IAC/NIAC]
Rule 73 - Biological weapons - The use of biological weapons is prohibited. [IAC/NIAC]
Rule 74. Chemical weapons - The use of chemical weapons is prohibited. [IAC/NIAC]
Rule 75. Chemical weapons - The use of riot-control agents as a method of warfare is prohibited. [IAC/NIAC]
Rule 76. Chemical weapons - The use of herbicides as a method of warfare is prohibited if they:
(a) are of a nature to be prohibited chemical weapons;
(b) are of a nature to be prohibited biological weapons;
(c) are aimed at vegetation that is not a military objective;
(d)
would cause incidental loss of civilian life, injury to civilians,
damage to civilian objects, or a combination thereof, which may be
expected to be excessive in relation to the concrete and direct military
advantage anticipated; or
(e) would cause widespread, long-term and severe damage to the natural environment. [IAC/NIAC]
Treatment of Civilians and Persons Hors de Combat - Fundamental guarantees
Rule 92. Mutilation,
medical or scientific experiments or any other medical procedure not
indicated by the state of health of the person concerned and not
consistent with generally accepted medical standards are prohibited. [IAC/NIAC]
Related work by Sasha Latypova:
Related work by Katherine Watt:
Dec. 24, 2024 - Pesticides and vaccines; microbiology and pathology nomenclature; scientific, medical and legal deceit and deceivers.
May 9, 2025 - Are
vaccines biological and chemical weapons? By physical composition and
physiological effects, yes. Under deceitful American and international
law, no. -
…In
1970, the World Health Organization published a report titled "Health
Aspects of Chemical and Biological Weapons. At p. 12, the authors
provided working definitions.
WHO defined chemical agents of
warfare as "all substances employed for their toxic effects on man,
animals, or plants," but excluding "chemicals now employed in warfare
such as high explosives, smoke, and incendiary substances (e.g., napalm,
magnesium, and white phosphorus) that exert their primary effects
through physical force, fire, air-deprivation or reduced visibility."
WHO defined 'biological agents' as including "those
that depend for their effects on multiplication within the target
organism, and are intended for use in war to cause disease or death in
man, animals or plants," and excluding "toxins elaborated by some
microbes (e.g., botulinal toxin and staphylococcal enterotoxin) when
they are preformed outside the target organism" noting "in some
discussions of chemical and biological weapons, such toxins are
classified as biological agents because the technology of their
production resembles that of biological agents rather than that of
chemical agents."
WHO defined a 'lethal agent' as
"one intended to cause death when man is exposed to concentrations well
within the capability of delivery for military purposes," noting "in
lower doses, such agents can cause severe and sustained disability and
certain of them may act predominantly in this way when employed in
combat."
WHO defined an 'incapacitating agent' as
"one intended to cause temporary disease or to induce temporary mental
or physical disability, the duration of which greatly exceeds the period
of exposure," noting
“No
sharp line of demarcation can be drawn between lethal and
incapacitating agents used in chemical and biological warfare, because
incapacitating agents can be lethal or permanently disabling under
certain circumstances (e.g., in the presence of malnutrition or
pre-existing disease; in infants or the aged; or when there is exposure
to unusually high doses, as in enclosed spaces or in close proximity to
functioning chemical or biological weapons). For similar reasons, no
sharp demarcation line can be drawn between harassing agents and other
anti-personnel chemical agents; furthermore, harassing agents may be
used in war in conjunction with high-explosive, fragmentation or other
weapons to increase the lethal effectiveness of the latter-as distinct
from their employment in riot control in order to reduce injuries and to
save lives.”
WHO defined a
'harassing agent (or short term incapacitant)' as "one capable of
causing a rapid disablement that lasts for little longer than the period
of exposure" and referred again to the note about "no sharp line of
demarcation."
WHO defined 'casualties' as "deaths or disabilities."
June 20, 2025 - On
the contents of vaccines as capable of causing death, disease,
biological malfunction, temporary incapacitation and permanent harm upon
injection into living creatures.
…In
American federal biological and chemical weapons laws…biological
“agents” are defined… more or less as living or once-living organisms,
and their products, that are “capable of causing death, disease, or
other biological malfunction in a human, an animal, a plant, or another
living organism.” That example is from the 1990 version of the US
biological weapons law at 18 USC 178.
Toxic
chemicals are defined…more or less as chemicals that “can cause death,
temporary incapacitation or permanent harm to humans or animals.” That
example is from the 1993 UN Chemical Weapons Convention and was adopted
by US Congress through 1998 implementing statute codified at 18 USC
229F(8).
The
contents of vaccines — biological organisms, their products and toxic
chemicals (propagated by organisms and/or synthesized to mimic those) —
have and always have had the capacity or ability to cause death,
disease, biological malfunction, temporary incapacitation and permanent
harm to humans and animals.
The
makers and recommenders of vaccines have always known this, as have the
writers of biological product laws and biological and chemical weapons
laws.
Triumph of St. Thomas Aquinas. Benozzo Gozzoli.
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