Plague, Pestilence and the Peninsula: International Humanitarian Law Concerns of North Korea’s Biological Weapons Program

Suspected development of advanced biological weapons by the Democratic People’s Republic of Korea (North Korea), despite its status as a party to both the Biological Weapons Convention and other nonproliferation agreements, bears significant implications for both public health and security around the globe. A steady decrease in resources and attention devoted to preparedness for biological attacks or outbreaks since 2001 has exacerbated the vulnerability of the USA and its allies to outbreaks of such pathogens, both from North Korean biological weapons and natural sources. This article assesses several International Humanitarian Law (IHL) issues raised by the prospect of an international armed conflict in which North Korea deploys biological weapons. Historical context is discussed to contextualize the various IHL issues raised by a potential armed conflict, which include United Nations Enforcement actions, anticipatory self-defense, protection of civilians, targeting and proportionality. Preparing for and responding to a potential biological weapons attack by North Korea presents a host of unique challenges for the USA and its allies. An international armed conflict involving the use of such weapons by North Korea against the USA or its allies would be devastating for civilians and military personnel alike. It is thus imperative to understand the IHL issues raised by such a conflict, including circumstances that would warrant pre-emptive use of force by the USA and its allies, the scale and scope of any military response, and the need to protect civilians throughout the Korean peninsula.