This Note concludes that (1) the Geneva Protocol of 1925 and the Biological Weapons Convention of 1972 provide conventional restraints upon the use of lethal or seriously injurious CBWs; (2) modern treaties, customs, judicial decisions, and writings form a public international law norm that imposes a legal restraint limiting the use of lethal or seriously injurious CBWs and binding all states regardless of their acceptance of conventional prohibitions; and (3) the law of war today is characterized more accurately as the "law of armed conflict," because it must of necessity apply to conflicts that are not purely interstate. Before discussing international law as it applies to the instant hypothetical case, however, this Note will examine conventions and general international law concerning the use of CBWs.
Lee D. Klein,
Chemical and Biological Warfare: Focus on Asia,
16 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol16/iss2/3