The Biological Weapons Amendment to the ICC Statute and National Provisions

Abstract

After a contentious path, the amendment incorporating biological weapons into Article 8 of the ICC Statute was finally adopted in 2017. Since then, 18 states have ratified the amendment. This article examines the amendment in light of national provisions addressing the use of biological weapons in armed conflict. By discussing the national provisions before and after the amendment, it is possible to determine the effect of the amendment on subsequent national provisions. Combined with an analysis of states’ rationale for adopting relevant legislation, it is possible to assess the impact on state practice and consequently understand the significance of adopting an amendment to the ICC Statute and incorporating it into national legislation for the development or confirmation of customary international law. The lessons learned in the process could be applied to other existing or future amendments.