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Strengthening Global Biosecurity and Biosafety Efforts: The Role of the BWC National Implementation Database in Informing and Guiding National Policies

By Dr. Jaroslav Krasny
Published on 24 April 2024

The Biological Weapons Convention National Implementation Database (“BWC Database”), developed collaboratively by the United Nations Institute for Disarmament Research (UNIDIR) and the Verification Research, Training and Information Centre or VERTIC, serves as a resource for understanding and supporting the implementation of the Biological Weapons Convention (BWC). This new database compiles information on how State Parties meet their obligations under the BWC. It is designed to assist a wide range of stakeholders, such as government officials, legal professionals, researchers, non-governmental organizations, international bodies, and the private sector, by providing access to detailed information on national implementation practices. The objective is to support compliance with the BWC and contribute to global efforts in biosecurity and biosafety by making relevant information accessible to all interested parties.

Structure of the Database

While other resources are available, especially regarding national legislation, the BWC Database is a tool that provides additional data including codes of conduct or institutional overviews of dual-use research. UNIDIR and VERTIC researchers collect these data from publicly available, official sources. In a nutshell, all information is gathered in a single place. The database provides detailed information and data on how States Parties to the Convention implement their obligations through national legislation and other measures. These measures and data categories include prohibitions, import and export control, biosafety and biosecurity, oversight of life-sciences dual-research, identifying governmental organizations for administering and enforcing BWC implementation, submitted UN Security Council 1540 national reports, and BWC Working Papers. Offers of Assistance and Cooperation and BWC Confidence-Building Measures, where publicly available, are included as well. It is important to note that the BWC Implementation Support Unit (ISU) maintains separate official databases of BWC Confidence-Building Measures and Assistance and Cooperation offers.

Researchers developing the database further pinpoint particular articles or paragraphs relevant to the above categories of measures. This helps users spot relevant passages and use them for research purposes. Indeed, the database is a neutral data tool; the researchers working on the database do not include their own assessments but offer summaries of the said categories. The State Parties are encouraged to and do provide feedback before a State profile is published online to ensure that the information is correct and up-to-date.

Biological Weapons Convention and National Implementation

The BWC, signed in 1972 and entering into force in 1975, prohibits the development, production, acquisition, transfer, and stockpiling of biological and toxin weapons. The prohibition on the use is stipulated in the preamble and forms a customary norm. The BWC is a critical element in the international community’s efforts to prevent the spread of weapons of mass destruction. With the rapid development in life sciences and biotechnology, it is crucial that States have the tools and information necessary to adopt and strengthen measures to implement the BWC effectively. Under Article IV of the BWC, State Parties are obligated to “…take any necessary measures to prohibit and prevent the development, production, stockpiling, or retention of the agents, toxins, weapons, equipment, and means of delivery specified in Article I of the Convention…” The obligation thus includes two aspects: prohibition and prevention. State Parties are free to choose measures for that purpose according to their specific constitutional and legal systems. This typically consists of a combination of criminal legislation, customs law, biosafety and biosecurity legislation and regulations, and administrative measures. While prohibition is usually addressed via specific BWC implementation laws and criminal legislation, prevention may be addressed via regulations on protecting and securing facilities using dangerous pathogens. Further measures include the education and training of life scientists to familiarise them with their obligations, the purpose, and the objective of the Convention. These measures thus contribute to the responsible use of biotechnology, penalising criminal conduct involving biological agents and preventing misuse of microorganisms.

Who is the Database For?

The database is intended to support States Parties in reviewing and strengthening their national implementation measures and encouraging transparency and confidence-building among the parties to the Convention. While this digital tool is not intended and does not assess any State’s implementation efforts or compliance, it can help identify gaps and best practices in legislation and other relevant measures. Different stakeholders, researchers, and practitioners can benefit from using the database:

  1. Government Officials and Policymakers: National authorities responsible for BWC implementation, including those in ministries of foreign affairs, defense, health, environment, and justice, can use the database to understand their obligations under the BWC, benchmark their progress against other States, and identify areas for legislative or regulatory enhancement. Often, the BWC is implemented through multiple governmental departments. The database thus offers a comprehensive and integrated look at how the State implements the BWC and what departments and government bodies are involved.
  2. Legal and Regulatory Professionals: Lawyers, legislative drafters, and regulators can access detailed information on how different State Parties have translated BWC obligations into national law, which can serve as a reference or model for drafting or revising relevant national legislation and regulations. The database shows how different States implement a non-self-executing arms control treaty such as the BWC. It identifies a set of measures for implementing and enforcing the Convention on a national level.
  3. Researchers and Academics: Individuals researching arms control, non-proliferation, and security studies can find a wealth of data for comparative studies, analysis of trends in BWC implementation, and the development of academic papers and reports on the subject. The database offers the most comprehensive view of the national implementation efforts, with data translated into all six UN languages available on a single platform.
  4. Non-Governmental Organisations (NGOs) and Civil Society: NGOs focusing on disarmament, non-proliferation, and international security can use the database to monitor and assess global and regional trends in BWC implementation. This could help with understanding implementation requirements, and educate the public and policymakers about the importance of the BWC. However, it is essential to reiterate that the database does not assess any State Party’s In itself, the database is not a compliance monitoring tool.
  5. International Organisations and Multilateral Fora: Entities involved in promoting international security and disarmament, including the United Nations and its agencies, regional security organisations, and multilateral export control regimes, can employ the database to support their efforts in facilitating compliance, enhancing transparency and promoting international cooperation under the BWC framework, as well as utilise it as a resource for research reports, outputs, and policy briefs.
  6. Industry and Private Sector Stakeholders: Companies and professionals in biotechnology, pharmaceuticals, and related fields may use the database to understand their obligations under national laws implementing the BWC, especially regarding dual-use research, biosecurity measures, and wider approaches to dealing with sensitive materials and technologies. Researchers and experts in life sciences will benefit from the database’s resources and short summaries, which provide all the necessary information regarding their obligations stemming from the BWC.

Conclusion

The BWC Database represents an additional helpful tool in the global effort to prevent the proliferation of biological weapons. The database enhances global biosafety and biosecurity by offering detailed insights into national implementation measures and fostering an environment of transparency and cooperation. Its role in promoting international cooperation, as stipulated under Article X BWC, and the exchange of best practices and legislative models underscore the importance of collaborative international efforts in addressing the complex challenges posed by biological threats.  Profiles are regularly added, ensuring a steady increase until the database reaches the total number of the BWC State Parties, that is, 185 uploaded profiles. Therefore, this new digital tool will serve as an additional resource to the international community in strengthening arms control and non-proliferation measures.

Dr. Jaroslav Krasny is a researcher at the United Nations Institute for Disarmament Research (UNIDIR), focusing on the national implementation measures of the Biological Weapons Convention. He is part of the team working on the BWC National Implementation Database. He previously held a research associate position at the Center for Peace Hiroshima University in Japan. Dr. Krasny received his Ph.D. in Development Studies from Hiroshima University, specialising in weapons law and the law of targeting. He also holds a second master’s degree in International Law in Armed Conflict from the Geneva Academy of International Humanitarian Law and Human Rights. He specialises in international law, specifically focusing on weapons law, the law of targeting, arms control, and disarmament.