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6.9 BIOLOGICAL WEAPONSBiological weapons, including bacteriological and toxin weapons, are subject to a numberof prohibitions and restrictions.6.9.1 Biological Weapons – Prohibition on Use as a Method of Warfare. It is prohibitedto use bacteriological methods of warfare. 197 This prohibition includes all biological methods ofwarfare and the use in warfare of toxin weapons. 198 For example, it is prohibited to use plagueas a weapon. 199A prohibition against the use of biological weapons may be understood to result fromU.S. obligations in the Biological Weapons Convention to refrain from developing, acquiring, orretaining biological weapons. 200Bacteriological or biological warfare is prohibited, at least in part, because it can havemassive, unpredictable, and potentially uncontrollable consequences. 201197 Richard Nixon, Statement on Chemical and Biological Defense Policies and Programs, Nov. 25, 1969, 1969PUBLIC PAPERS OF THE PRESIDENTS 968 (“The United States shall renounce the use of lethal biological agents andweapons, and all other methods of biological warfare.”); 1925 GENEVA GAS AND BACTERIOLOGICAL PROTOCOL(The High Contracting Parties agree to prohibit “the use of bacteriological methods of warfare and agree to bebound as between themselves according to the terms of this declaration.”).198 William P. Rogers, Letter of Submittal, Aug. 11, 1970, MESSAGE FROM THE PRESIDENT TRANSMITTING THE 1925GENEVA GAS AND BACTERIOLOGICAL PROTOCOL VI (“The United States considers the term ‘bacteriological methodsof warfare’ as used in the Protocol encompasses all biological methods of warfare and the use in warfare of toxinshowever produced.”).199 For example, Verdict of the Military Tribunal, MATERIALS ON THE TRIAL OF FORMER SERVICEMEN OF THEJAPANESE ARMY CHARGED WITH MANUFACTURING AND EMPLOYING BACTERIOLOGICAL WEAPONS 529-30 (1950)(“The Japanese imperialists employed bacteriological weapons in the war against China and in sabotage raidsagainst the U.S.S.R. In 1940 a special expedition of Detachment 731 commanded by General Ishii was despatchedto the theatre of hostilities in Central China, where, by dropping plague-infected fleas from aircraft with specialapparatus, it caused a plague epidemic in the Nimpo area. This criminal operation which brought in its wakethousands of victims among the peaceful Chinese population was filmed, and this film was later demonstrated inDetachment 731 to representatives of the High Command of the Japanese Army, among the accused Yamada.”).200 William P. Rogers, Report of the Secretary of State, Jun. 21, 1972, MESSAGE FROM THE PRESIDENT OF THEUNITED STATES TRANSMITTING THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, ANDSTOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS, AND ON THEIR DESTRUCTION, OPENEDFOR SIGNATURE AT WASHINGTON, LONDON AND MOSCOW ON APRIL 10, 1972, EXECUTIVE Q, 3 (1972) (“While thisConvention does not explicitly ban the use of biological weapons, no Party to the Convention would be permitted topossess such weapons even in wartime. There is no possibility that a Party could use biological or toxin weaponswithout being in violation of Articles I and II of this Convention.”). Refer to § 6.9.2 (Biological Weapons –Prohibition on Development, Acquisition, or Retention).201 Richard Nixon, Statement on Chemical and Biological Defense Policies and Programs, Nov. 25, 1969, 1969PUBLIC PAPERS OF THE PRESIDENTS 968 (“Biological weapons have massive, unpredictable and potentiallyuncontrollable consequences. They may produce global epidemics and impair the health of future generations.”);1976 AIR FORCE PAMPHLET 110-31 6-4(b) (“The wholly indiscriminate and uncontrollable nature of biologicalweapons has resulted in the condemnation of biological weapons by the international community, and the practice ofstates in refraining from their use in warfare has confirmed this rule.”); ICRC AP COMMENTARY 623 (1965)(“There are some weapons which by their very nature have an indiscriminate effect. The example of bacteriologicalmeans of warfare is an obvious illustration of this point.”).350