Republic of Korea
Practice Relating to Rule 73. Biological Weapons
The Republic of Korea’s ICC Act (2007) provides for the punishment of anyone who commits the war crime of employing biological weapons in both international and non-international armed conflicts.
In 1994, during a debate in the First Committee of the UN General Assembly, the Republic of Korea stated that it was dedicated to the elimination of biological weapons.
At the Fourth Review Conference of States Parties to the Biological Weapons Convention in 1996, the Republic of Korea stated: “The Republic of Korea, since it acceded in 1987, has faithfully implemented the obligations and duties under the [Biological Weapons Convention]”. It added that it “has never developed, produced, stockpiled or otherwise acquired or retained any biological agents, nor the means for their delivery”. It further stated that the need for a legally binding verification regime of the Biological Weapons Convention “has been reaffirmed in the light of the recent evidence that biological materials have been illegally acquired and developed by some states parties to the [1972 Biological Weapons Convention], and sub-state organisations”.
At the Fifth Review Conference of States Parties to the Biological Weapons Convention in 2001, the Republic of Korea stated that it “has faithfully implemented its obligations and duties under the [Biological Weapons Convention] since its accession to it in 1987”.
According to the Report on the Practice of the Republic of Korea, the Republic of Korea is of the opinion that the prohibition of the use of biological weapons is customary.