A/RES/2826(XXVI) GA

30 General Assembly-Twenty-sixth Session 3. Declares that progress would be promoted to- wards general and complete disarmament if universities and academic institutes in all countries were to estab- lish continuing courses and seminars to study problems of the arms race; 4. Requests the Secretary-General to bring the pres- ent resolution to the attention of all Member States and to the attention of the United N ations Educational, Scientific and Cultural Organization with a view to its wide publication and dissemination. 2022nd plenary meeting, 16 December 1971. 2826 (XXVI). Convention on the Prohihition of the Development, Production and Stockpil- ing of Bacteriological (Biological) and Toxin W eapons and on Their Destruction The General Assembly, Recalling its resolution 2662 (XXV) of 7 Decem- ber 1970, Convinced of the importance and urgency of eli- minating from the arsenals of States, through effective measures, such dangerous weapons of mass destruction as those using chemical or bacteriological (biological) agents, Having considered the report of the Conference of the Committee on Disarmament dated 6 Octo- ber 1971,11 and being appreciative of its work on the draft Convention on the Prohibition of the Develop- ment, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their De- struction, annexed to the report, Recognizing the important significance of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of W arfare, signed at Geneva on 17 June 1925, 12 and conscious also of the contribution which the said Protocol has already made, and continues to make, to mitigating the horrors of war, Nating that the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteri- ological (Biological) and Toxin Weapons and on Their Destruction provides far the parties to reaffirm their adherence to the principies and objectives of that Protocol and to call upan al1 States to comply strictly with them, Fw-ther noting that nothing in the Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Geneva Protocol, Determined, for the sake of all mankind, to exclude completely the possibility of bacteriological (biological) agents and toxins being used as weapons, Recognizing that an agreement on the prohibition of bacteriological (biological) and toxin weapons rep- resents a first possible step towards the achievement of agreement on effective measures also far the prohibi- tion of the development, production and stockpiling of chemical weapons, N ating that the Convention contains an affirmation of the recognized objective of effective prohibition of chemical weapons and, to this end, an undertaking 11 Of!icial Records of the Disarmament Commission, Sup- plement for 1971, document DC/234. 12 Leaguc of Nations, Treaty Series, vol. XCIV, 1929, No. '.!138. to continue negotiations in good faith with a view to reaching early agreement on e:ff ective measures for the prohibition of their development, production and stockpiling and for their destruction, and on appropriate measures concerning equipment and means of delivery specifically designed for the production or use of chemical agents for weapons purposes, Canvinced that the implementation of measures in the field of disarmament should release substantial additional resources, which should promote economic and social development, particularly in the developing countries, Canvinced that the Convention will contribute to the realization of the purposes and principies of the Charter of the United Nations, 1. Cammends the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, the text of which is annexed to the present resolution; 2. Requests the depositary Governments to open the Convention for signature and ratification at the earliest possible date; 3. Expresses the hope for the widest possible ad- herence to the Convention. 2022nd plenary meeting, 16 December 1971. ANNEX Convention on the Prohibition of the Development, Pro- duction and Stockpiling of Bacteriolqgical (Biological) and Toxin Weapons and on Their Destruction The States Parties to this Convention, Determined to act with a view to achieving effective progress towards general and complete disarmament, including the prohibition and elimination of ali types of weapons of mass destruction, and convinced that the prohibition of the develop- ment, production and stockpiling of chemical and bacteri- ological (biological) weapons and theiT elimination, through effective measures, will facilitate the achievement of general and complete disarmament under strict and effective intema- tional control, Recognizing the important significance of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and conscious also of the contribution which the said Protocol has already made, and continues to malee, to mitigating the horrors of war, Reaf!irming their adherence to the principies and objectives of that Protocol and calling upon ali States to comply strictly with them, Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principies and objectives of the Geneva Protocol of 17 June 1925, Desiring to contribute to the strengthening of confidence between peoples and the general improvement of the interna- tional atmosphere, Desiring also to contribute to the realization of the purposes and principies of the Charter of the United Nations, Convinced of the importance and urgency of eliminating from the arsenals of States, through effective measures, such dangerous weapons of mass destruction as those using chemical or bacteriological (biological) agents, Recognizing that an agreement on the prohibition of bacteriological (biological) and toxin weapons represents a first possible step towards the achievement of agreement on effective measures also for the prohibition of the develop- ment, production and stockpiling of chemical weapons, and determined to continue negotiations to that end, Resolutions adopted on the reports of tbe First Committee 31 Determined, for the salce of ali mankind, to exclude com- pletely the possibility of bacteriological (biological) agents and toxins being used as weapons, Convinced that such use would be repugnant to the con- science of mankind and that no effort should be spared to minimize this risk, Have agreed as follows: ARTICLE 1 Each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain: ( 1) 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; (2) Weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict. ARTICLE Il Each State Party to this Convention undertakes to destroy, or to divert to peaceful purposes, as soon as possible but not later than nine months after the entry into force of the Convention, ali agents, toxins, weapons, equipment and means of delivery specified in article I of the Convention, which are in its possession or under its jurisdiction or control. In im- plementing the provisions of this article all necessary safety precautions shall be observed to protect populations and the environment. ARTICLE Ill Each State Party to this Convention undertakes not to transfer to any recipient whatsoever, directly or indirectly, and not in any way to assist, encourage or induce any State, group of States or intemational organizations to manufacture or otherwise acquire any of the agents, toxins, weapons, equip- ment or means of delivery specified in article I of the Con- vention. ARTICLE IV Each State Party to this Convention shall, in accordance with its constitutional processes, take any necessary measures to prohibit and prevent the development, production, stock- piling, acquisition or retention of the agents, toxins, weapons, equipment and means of delivery specified in article I of the Convention, within the territory of such State, under its juris- diction or under its control anywhere. ARTICLE V The States Parties to this Convention undertake to consult one another and to co-operate in solving any problems which may arise in relation to the objective of, or in the applica- tion of the provisions of, the Convention. Consultation and co-operation pursuant to this article may also be undertaken through appropriate international procedures within the frame- work of the United Nations and in accordance with its Charter. ARTICLE VI 1. Any State Party to this Convention which finds that any other State Party is acting in breach of obligations deriving from the provisions of the Convention may lodge a complaint with the Security Council of the United Nations. Such a com- plaint should include ali possible evidence confirming its validity, as well as a request for its consideration by the Security Council. 2. Each State Party to this Convention undertakes to co- operate in carrying out any investigation which the Security Council may initiate, in accordance with the provisions of the Charter of the United Nations, on the basis of the com- plaint received by the Council. The Security Council shall inform the States Parties to the Convention of the results of the investigation. ARTICLB VII Each State Party to this Convention undertakes to provide or support assistance, in accordance with the United Nations Charter, to any Party to the Convention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention. ARTICLE VIll Nothing in this Convention shall be interpreted as in any way lirniting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925. ARTICLB IX Each State Party to this Convention affirms the recognized objective of effective prohibition of chemical weapons and, to this end, undertakes to continue negotiations in good faith with a view to reaching early agreement on effective measures for the prohibition of their development, production and stock- piling and for their destruction, and on appropriate measures concerning equipment and means of delivery specifically de- signed for the production or use of chemical agents for weapons purposes. ARTICLE X 1. The States Parties to this Convention undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes. Parties to the Convention in a position to do so shall also co-operate in contributing individually or together with other States or international organizations to the further development and application of scientific discoveries in the field of bacteriology (biology) for the prevention of disease, or for other peace- ful purposes. 2. This Convention shall be implemented in a manner designed to avoid hampering the econornic or technological development of States Parties to the Convention or interna- tional co-operation in the field of peaceful bacteriological (biological) activities, including the international exchange of bacteriological (biological) agents and toxins and equipment for the processing, use or production of bacteriological (biological) agents and toxins for peaceful purposes in accordance with the provisions of the Convention. ARTICLE XI Any State Party may propose amendments to this Conven- tion. Amendments shall enter into force for each State Party accepting the amendments upon their acceptance by a major- ity of the States Parties to the Convention and thercaftcr for each remaining State Party on thc date of acceptancc by it. ARTICLE XII Five years after the entry into force of this Convention, or earlier if it is requested by a majority of Parties to the Con- vention by submitting a proposal to this effect to the Deposi- tary Governments, a conference of States Parties to the Con- vention shall be held at Geneva, Switzerland, to review the operation of the Convention, with a view to assuring that the purposes of the preamble and the provisions of the Conven- tion, including the provisions concerning negotiations on chemical weapons, are being realized. Such review shall take into account any new scientific and technological developments relevant to the Convention. ARTICLE XIIl l. This Convention shall be of unlimited duration. 2. Each State Party to this Convention shall in exercising its national sovereignty have the right to withdraw from the 32 General Assembly-Twenty-sixth Session Convention ü it decides that extraordinary events, related to the subject-matter of the Convention, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to ali other States Parties to the Convention and to the United Nations Security Council three months in ad- vance. Such notice shall include a statement of the extra- ordinary events it regards as having jeopardized its supreme interests. ARTICLE XIV l. This Convention shall be open to all States for signature. Any State which does not sign the Convention before its entry into force in accordance with paragraph 3 of this article may accede to it at any time. 2. This Convention shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern lreland and the United States of America, which are hereby designated the Depositary Gov- ernments. 3. This Convention shall enter into force after the deposit of instruments of ratification by twenty-two Governments including the Goverrunents designated as Depositaries of th~ Convention. 4. Por States whose instruments of ratification or accession ,'re deposited subsequent to the entry into force of this Con- vention, it shall enter into force on the date of the deposit of their instruments of ratification or accession. 5. The Depositary Governments shall promptly inform ali signatory and _acceding States of the date of each signature, the date of depos1t of each instrument of ratification or of acces- sion and the date of the entry into force of this Convention, and of the receipt of other notices. 6. This Convention shall be registered by the Depositary Governments pw-suant to Article 102 of the Charter of the United Nations. ARTICLE XV This Convention, the Chinese, English, French, Russian and Spanish texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of the Convention shall be transmitted by the Depositary Governments to the Governments of the signatory and acced- ing States. IN WITNESS WHEREOF the have signed this Convention. DONE in triplicate, at day of ................ , undersigned, duly authorized, ...... , this ...... 2827 (XXVI). Question of chemical and bacteri- ological (biological) weapons A The General Assembly, Recalling its resolution 2454 A (XXIII) of 20 De- cember 1968, its resolution 2603 B (XXIV) of 16 December 1969, and in particular its resolution 2662 (XXV) of 7 December 1970 in which it stressed that the prospects for international peace and security, as well as the achievement of the goal of general and com- plete disarmament under effective international control, would be enhanced ü the development, production and stockpiling of chemical and bacteriological (biological) agents for purposes of war were to end and ü those agents were eliminated from all military arsenals, and commended the following basic approach for reaching an effective solution to the problem of chemical and bacteriological (biological) methods of warfare: (a) It is urgent and important to reach agreement on the problem of chemical and bacteriological (bio- logical) methods of warfare, ( b) Both chemical and bacteriological (biologi.cal) weapons should continue to be dealt with together in taking steps towards the prohibition of their develop- ment, production and stockpiling and their effective elimination from the arsenals of all States, (e) The issue of verification is important in the field of chemical and bacteriological (biological) weapons, and verification should be based on a com- bination of appropriate national and intemational measures, which would complement and supplement each other, thereby providing an acceptable system that would ensure the effective implementation of the pro- hibition, Convinced of the importance and urgency of eliminat- ing from the arsenals of States, through effective measures, such dangerous weapons of mass destruction as those using chemical or bacteriological (biological) agents, Having considered the report of the Conference of the Committee on Disarmament, 13 in particular its work on the draft Convention on the Prohibition of the Development, Production and Stockpiling of Bacteri- ological (Biological) and Toxin Weapons and on Their Destruction and its efforts towards reaching early agree- ment also on the elimination of chemical weapons, Convinced that the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction is a first possible step towards the achievement of early agreement on the effective P~<?hibition of the development, production and stock- p1hng of chemical weapons and on the elimination of such weapons from military arsenals of all States, and determined to continue negotiations to this end, Recalling that the General Assembly has repeatedly condemned all actions contrary to the principies and objectives of the Protocol for the Prohibition of the Use in W ar of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,14 N oting that the Convention provides for the parties to reaffirm their adherence to the principies and ob- jectives of that Protocol and to call upon all States to comply strictly with them, l. Notes with satisfaction that the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction contains an affirmation of the recognized objective of effective pro- hibition of chemical weapons and, to this end, an under- taking to continue negotiations in good faith with a view to reaching early agreement on effective measures for the prohibition of their development, production and stockpiling and for their destruction, and on ap- propriate measures conceming equipment and means of delivery specifically designed for the production or use of chemical agents for weapons purposes; 2. Requests the Conference of the Committee on Disarmament to continue, as a matter of high priority, its negotiations with a view to reaching early agreement on effective measures for the prohibition of the develop- 13 Ofjicial Records of the Disarmament Commission, Sup- plement for 1971, document DC/234. 14 League of Nations, Treaty Series, vol. XCIV, 1929, No. 2138.

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