Introduction
“The tragedy of war is that it uses a man’s best to do a man’s worst.”
- Harry Emerson Fosdick
War has always been a part of civilization since time immemorial and along with civilization, it has evolved into what today comprises of modern warfare. Since ancient times, countries as a part of war strategy used weapons that were laced with liquids or powdered substances that are toxic, acquired either from plants or animals to increase the damage caused by their weapons. Such modifications were vital as it has continually been proved that a sound strategy makes all the more difference in winning or losing a war, and this includes both tactical thinking and arsenal improvement. The advancement in allied fields of science such as biology, chemistry, and physics in the earlier period, lead to the collaboration between military engineering and scientific technology which led to the discovery of revolutionized weapons such a as nuclear weapons, bio-war weapons chemical weapons, etc. they are also termed as weapons of mass destruction.
This research paper would mainly discuss the nature of such weapons especially with regard to the use of bio – agents as potential weapons either by the military or for targeted killings. It will also articulate the history, the conventions and related laws concerning the research, development and use of such weapons along with the countermeasures available not only globally but with specific regard to the Indian scenario.
Biological
Warfare or Bioterrorism, in general, refers to the use of biological microbes
and/or toxins either naturally found in the environment or modified through
genetics, that has a deadly impact on humans, epically when they are known to proliferate
at a large scale, cause a sizable amount of death along with being difficult to
eliminate given their genetic modification[1].
The Biological Weapons Convention, 1975[1] defines biological warfare as:
- “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;
- Weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict. (Bioweapons can be of different origins – bacteria, viruses, fungi, or toxins. Insects can also be used as bioweapons and are covered under the Biological Weapons Convention).”
The kinds of biological war weapons diverged from gene-edited bacteria, virus, fungi and other microbes, toxins obtained from plant and animals, etc. these bio-agents can be spread in a varied of ways from using insects or other living or non-living carrier hosts which makes it hard to detect until it takes effect[2]. In certain cases, the bio-agent remains and activates when specific conditions are meet to cause a reaction, these factors may vary from change in life style, change in environmental temperature, etc to name a few.
The requirements for an ideal
bio-agent (biological weapons) include - the type of toxin and its
availability, the lethality or destructive capability, the capacity to mass
produce it, its affects after creation or modification, the mode of
propagation, the receptors predisposition/ vulnerability to the bio-agent, and
the technological requirement at the disposal of the aggressor.
The advantage of such agents is its potential of destruction in war as it can be modified to hit a specific targeted group or a random set of populaces, it has the innate ability to proliferate, it is difficult to detect without modern technology or infrastructure which are not available in a majority of countries across the world, it takes time to find a cure, it may cause lasting side effects, it is difficult to eliminate completely. On the other hand, the disadvantages of these weapons would be that it can also effector the aggressor in a negative way, the bio-agent may not be as effective as developed due to changing environmental and non-environmental factors, lack of information on the enemy or undermining their capacity to counter the effects of the bio-agent, and if found liable the aggressor may face liability charges, etc.
As the destructive potential of such
weapons became a threat to humanity at large, there evolved a need for
regulating the same on an international and national level to ensure that
peacetime remains even after the conclusion of the world war(s).
History of Biological Weapons
The initial instance of biological warfare comprised of poisoning the food or water rations of the enemy with toxins (found in plants or animals) or going as far as leaving animal and human carcasses to spread diseases. The first-ever chronological record of biotoxins in war dated to as far back as 600BC (Solon uses the purgative herb ‘hellebore’ during the siege of krissa)[1] and throughout history there have been many instances where a bio-agent was used in war. Some of the major incidents include[2]
- 1340 – 1800: In the year 1346, plague infested human bodies were catapulted over the walls into the black sea port of caffa by the attacking tartar forces (which in modern time is Ukraine). This same was method was used by the Russians against the Swedish (1710). In the year 1495, amidst the war between the Spanish and Italy, the Spanish had mixed the blood of people suffering from leprosy into the wine. In the year 1763, the Native American’s had received blankets from the British which were actually used by patients that were infected with small-pox. In the year 1797, Napoleon Bonaparte (France) to increase the spread of malaria in Italy, flooded the surrounding plains of Mantua.
- 1800 – World War II: In the year 1863, during the US civil war the union troops had been sold clothing that was infected with small-pox and yellow fever by the confederates
- During WWI and WWII (1914 – 1940), many countries used bio – agents such as Anthrax, the plague virus, small-pox virus, Tick-borne encephalitis, Haemorrhagic fever virus, yellow fever virus, etc. These were some of the deadliest strands created to be used as a war weapon that involved the USA, Soviet Union, Japan, France and used extensively in the first and second world wars.
- During and after the world war(s), the other major use of bio-agents the lead to the pandemic/ epidemic like situation included - American polio epidemic (1916), Spanish Flu (1918-1920), Asian Flu (1957-1958), SAARS virus (2002 – 2004), H1N1 Swine Flu pandemic (2009-2010), West African Ebola epidemic (2014-2016), Zika Virus epidemic (2015), Nipah virus (originally discovered in the year 1998 in Malaysia and again in 2018 in Kerala, India).
History of Bio war in India
There has been no conclusive recorded incident of bio war in India but, some of the incidents which led to the suspicion of use of such weaponry include an outbreak of bush typhus (also known as tsutsugamushi disease) in the year 1965 in northern India during the Indo-Pak war, and other outbreaks including anthrax (November 2001, Mumbai), the bubonic plague (1994 Surat), encephalitis (1915 – 1926), and dengue haemorrhagic fever (2006, the most commonly found disease that took nearly 10 lakhs of lives in India) were rampant in the north of India. While the Nipah virus in the south of India and the most recent one of Coronavirus that has had the highest and devastating record so far (no of people affected and death rate)[3].
With an increase in the instances of an epidemic/ pandemic, the UN decided to formulate laws to epically in regard to the research, production, selling and buying of Bio-war weapons. This had led to the first ever convention on the use of Bio-war weapons in the year 1975. The basic principles were taken from The Geneva convention and The Vienna convention[4].
The Biological Weapons Convention and Related Laws
The Biological Weapons Convention is an internationally held convention by the United Nations in the 1969. The main agenda of this convention was that of the disarmament of countries that held weapons considered dangerous to mankind i.e., weapons of mass destruction (Biological and Chemical weapons). This convention decided to use the principles laid down in the Geneva and the Vienna convention to draft a treaty to which there are presently 183 signatories (including India). The treaty was drafter and signed on March 26, 1975[5].
The main objective of this treaty was[6]
- To lay down/ describe various weapons or any similar agent that falls with the meaning of weapons of mass destruction for which laws and regulations have be formulated under this convention
- To provide regulations and guidelines for the research, development, production and stocking, and selling and buying of such weapons.
- To mediate for peaceful settlement of dispute between countries that arise out of the use of such weapons or have been a victim to the use of such weapons
- Requiring the signatories of the convention to ratify the guidelines in the convention into a national or local law
- To investigate the breach of this convention and to help provide assistance to affected countries.
Other Similar Conventions/Laws
Some of the other international conventions, protocols and treaties on Bio - agents[1]
- CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS
- PROTOCAL FOR THE PROHIBITION OF USE IN WAR OF ASPHYXIATING, POISONUS OR OTHER GASES AND OFBACTERIOLOGICAL METHOD WARFARE (GENEVA CONVENTION).
Laws In India
India is a signatory to the Biological Weapons Convention, 1975. It ratified the guidelines affirmed in the convention. The following are some of the laws that govern and regulate the management of weapons of mass destruction:
The Unlawful Activities Prevention Act,1967[2]
Under the UAPA, 1967. Section 16: Punishment for terrorist act. — (1) Whoever commits a terrorist act shall, —
- if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;
- in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
- 16A. [Punishment for making demands of radioactive substances, nuclear devices, etc.] Omitted by the Unlawful Activities (Prevention) Amendment (Repealing and Amending) Act 2013 (3 of 2013), s. 5 (w.e.f. 1-2-2013).
Under the POTA, 2002. Article(3): Punishment for terrorist act – “ (1) Whoever,—(a) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature or by any other means whatsoever, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community or causes damage or destruction of any property or equipment used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act;”
The Weapons of Mass Dwstruction and their Delivery Systems(Prohibition of Unlawful Activities) Act,2005[4].
Under this act, Section 8: Prohibition relating to weapons of mass destruction. –
- No person shall unlawfully manufacture, acquire, possess, develop or transport a nuclear weapon or other nuclear explosive device and their means of delivery.
- No person shall unlawfully transfer, directly or indirectly, to any one a nuclear weapon or other nuclear explosive device, or transfer control over such a weapon, knowing it to be a nuclear weapon or other nuclear explosive device.
- No person shall unlawfully manufacture, acquire, possess, develop or transport a biological or chemical weapon or their means of delivery.
- No person shall unlawfully transfer, directly or indirectly, to any one biological or chemical weapons.
- No person shall unlawfully transfer, directly or indirectly, to any one missile specially designed for the delivery of weapons of mass destruction.
Diseases Surveillance and Countermeasures (India)
Issue 1: How India Can Better Improve its Disease Surveillance Methods and Countermeasures available.
Disease surveillance or Bio – surveillance means “a process of gathering, integrating, interpreting, and communicating essential information that might relate to disease activity and threats to human, animal, or plant health. For the public health professional, bio surveillance activities range from standard epidemiological practices to advanced technological systems, utilizing complex algorithms. It is important for local health officials to have a heightened awareness of bio surveillance programs at the federal, state, and local levels[5]”
Given the unpredictability of Bio-agents it has become more imperative that states world-wide re-evaluate their infra structural capabilities and modify relevant laws to not only counter the effects of such bio- weapons but also prevent it in the future.
Bio-Survellance(Diseases Survellance)
- The first part of a surveillance process is to conduct a ‘Susceptibility Threat Evaluation’ which basically involves conducting research and determining how susceptible the populace is to such bio-agents.
- Conduct research into understanding the geographical periphery of the country to determine the group of people that are more vulnerable to which category of bio-agents based on their geographical location or ecological location.
- To identify and ascertain points of entry and possible carriers of such Bio-agents and the appropriate technology to discover such Bio-agents.
Bio- Defence(Countermeasures)[6]
- Research and Development: It is imperative for India to expand it domain into advance research and study into the field of bio- war agents and it use as weapons to better understand how they work as well as conduct an analysis report to cognize the potential threat, the impact it might create and what in necessary to prevent it. There are various research institutions that were set up and recognised for this purpose - Defence Research & Development Establishment (DRDE) is an Indian defence laboratory of the Defence Research and Development Organisation (DRDO), Indian Institute of Science (IISC), Baba Atomic Research Centre (BARC), etc. The government can engage such institutions to promote and embolden the research projects.
- Infrastructure and Technology: There need to be a considerable extent of modifications to be made to the present infrastructural and technological capabilities available for the detection, containment, treatment and elimination of Bio- agents. This especially includes the required technology to conduct and carry out surveillance measures. The government along with the military can collaborate with internal research and development institutions as well as agencies within the country or even on an international scale. They can also conduct training measure and protocols to be followed in the handling of such technology to increase if efficacy
- Regulations and Laws: It is evident that with the rise in such kind of crimes involving the use of Bio-agents there is an urgent need to make amendments to existing laws as well as introduce laws to criminalize the misuse of such bio-agents (or related weapons) as well as hold the person and/ or groups accountable by liability imposed on then to reimburse for the damage caused.
- Medical Infrastructure: It is one of the most important sectors that play an important role as a part of defence available against such attacks involving bio-agents. Although the medical sector in India is huge amongst the world there is still a large number of modifications required to improve the infrastructural and technological capabilities to improve it efficacy as well as make it more robust and accessible to the public. The government needs to improve the infrastructural capability, especially to deal with pandemics or epidemics or any other potential danger that can be caused by such Bio-agents. They should amend and state protocols to be followed and the consequence for non – compliance. It is also important to conduct regular survey and trainings for medical professionals to deal with such situations
- Education: It is important for the government to raise awareness among the people on how to handle a situation when dealing or benign a victim of such bio-agents. The top most priority for this is to reduce panic and worsen an all-ready precarious situation. The government or private entities as a part of their (CSR) can conduct drills and awareness programs to better educate the people.Education can also be imparted at school or college to spread awareness among the youth on the existence and effects of such bio – agents, precautions to be taken and how to contact the concerned authorities for timely assistance to deal with such situations.
Conclusion
With the increase of incidents in the use of bio – weapons to wage war and given the impact of the recent pandemic (COVID 19), it has become all the more imperative for India to improve it defensive capabilities especially in regard to technological, legal and medical infrastructural capabilities. India needs to put in more pro – active efforts to prevent further such attacks. Educate the younger generation on the existence of bio-wars and the need to protect. Increasing surveillance measures to detect biological, chemical and nuclear agents being carried through humans and other sources. Increase diplomacy and enhance the intelligence cooperation with other nations to receive advance information that help with preparation.
India has to push and lead the agenda for enforcing strong international criminalisation laws against such individuals, leaders, groups or nations indulging in crimes and wars using weapons of mass destruction. Advocate for international committees to audit the facilities that manufacture weapons of mass destruction. There is an impending need to relook into national and international security laws and refine it to enable severe punishments for such criminal acts not limiting it only to sanctions. There should be international courts and tribunals established for quicker trials, to prosecute and punish the perpetrators severely.
[1] List of Biological, Chemical, and Nuclear Treaties | NTI.
Ref. also: Customary IHL - Practice Relating to Rule 73. Biological Weapons (icrc.org).
[2] THE UNLAWFUL ACTIVITIES PREVENTION ACT, 1967 (A1967-37_0.pdf (mha.gov.in)).
[3] THE PREVENTION OF TERRORISM ACT, 2002 (Document1 (odishapolicecidcb.gov.in)).
[3] Bioterrorism in India.pdf (The Deccan Chronicle).
Ref. also: Coronavirus
Outbreak: History of Epidemics in India Since the 1900s (jagranjosh.com).
Ref. also: Legal Aspects VIP.pdf.
[6] Biological Weapons Convention – UNODA.
Ref. also: 1972_BTWC.pdf.
Ref also: Biological Weapons Convention – UNODA.
Ref. also: J. van Aken, E. Hammond, EMBO Rep. 4, S57–S60 (2003).
About the Author: This Legal Article is prepared by Ms. Sowparnika K, a BBA LLB Graduate from CMR Law School and is an intern at MyLawman. She can be reached at sowparnika2613@gmail.com
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