State responsibility towards biological and chemical warfare in accordance with international law

Abstract

Abstract: State responsibility for the use of biological and chemical weapons is part of the international legal system aimed at protecting international peace and security. According to international law, states bear direct legal responsibility when developing, producing or using these weapons, due to the serious damage they cause to humans and the environment. This responsibility is based on several international agreements, most notably the Biological Weapons Convention (BWC) of 1972 and the Chemical Weapons Convention (CWC) of 1993. These two agreements prohibit the development, stockpiling and use of these weapons, and oblige States Parties to destroy their stockpiles. Violation of these obligations is considered a clear violation of international law and entails the responsibility of the State concerned. State responsibility is manifested in several aspects: 1. International criminal responsibility: Individuals responsible for the use of these weapons can be prosecuted before international criminal courts such as the International Criminal Court (ICC), especially in the event of their use as war crimes or crimes against humanity. 2. International civil responsibility: The State bears responsibility for compensation for damages caused to States or individuals harmed as a result of their use of these weapons. 3. Preventive measures: States are obliged to prevent the development or transfer of these weapons within their territories or by their nationals, through the enactment of effective national legislation.Finally, the UN Security Council plays a pivotal role in imposing sanctions and taking the necessary measures against violating states, in accordance with the UN Charter. State responsibility remains in place even with changes in ruling regimes, which reinforces the principle of non-impunity for crimes related to biological and chemical warfare © 2023 TUJR, College of Law, Tikrit University