Practice Relating to Rule 73. Biological Weapons
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].
Denmark’s Weapons and Explosives Act (2009), as amended to 2012, states: “It is prohibited to import, export, transport, purchase, transfer, possess, carry, use, manufacture, develop or to develop research into … biological … weapons and delivery systems specifically designed or modified for such weapons”.
In the preliminary stages of the First Review Conference of States Parties to the Biological Weapons Convention in 1980, Denmark stated:
Prior to ratification of the [1972 Biological Weapons Convention], the Danish governmental departments concerned ascertained that no legislation, amendments of existing national law or other measures would be necessary in order to secure compliance with the obligations of the Convention. Accordingly, the requirements contained in the 1972 [Biological Weapons Convention] have been implemented in Danish law and practice.