Strengthening Compliance with the Biological Weapons Convention: The Draft Protocol

Abstract

On 15 November 2002, the resumed 2001 Review Conference of the Biological Weapons Convention (BWC) concluded with the agreement on annual meetings of experts and states parties, to address issues related to strengthening the BWC. This means a new start for those efforts, after it became clear in 2001 that the draft Protocol as presented early that year by the Chairman of the Ad Hoc Group (AHG) responsible for those negotiations was not accepted. A first article addressed the negotiating process up to and including the suspension of the 2001 Review Conference. This article will address the substance of the draft Protocol. Although it is unlikely that in the short‐term negotiations on compliance mechanisms based on or similar to the draft Protocol will be resumed, a more detailed description of it certainly has its merits. Apart from its more theoretical value, a discussion on the substance and legal nature of the Protocol could also be of value for future discussions on strengthening the BWC, as it should not be excluded that parts of the Protocol could provide a useful reference for experts and governments in that respect.