Clear and Present Danger: Enforcing the International Ban on Biological and Chemical Weapons Through Sanctions, Use of Force, and Criminalization

45 Pages Posted: 3 Mar 2020

See all articles by Michael P. Scharf

Michael P. Scharf

Case Western Reserve University School of Law

Date Written: March 2, 2020

Abstract

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.

Keywords: Chemical and Biological Weapons

Suggested Citation

Scharf, Michael P., Clear and Present Danger: Enforcing the International Ban on Biological and Chemical Weapons Through Sanctions, Use of Force, and Criminalization (March 2, 2020). 20 Michigan Journal of International Law 477 (1999), Case Legal Studies Research Paper No. 1999, Available at SSRN: https://ssrn.com/abstract=3547503

Michael P. Scharf (Contact Author)

Case Western Reserve University School of Law ( email )

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