Practice Relating to Rule 73. Biological Weapons
Norway’s Penal Code (1902) provides:
Any person shall be liable to imprisonment for a term not exceeding 10 years who develops, produces, stores or otherwise obtains or possesses:
(1) bacteriological or other biological substances or toxins regardless of their origin or method of production, of such a kind and in such quantities that they are not justified for preventive, protective or other peaceful purposes,
(2) weapons, equipment or means of dissemination made for using such substances or toxins as are mentioned in item 1 for hostile purposes or in armed conflict.
Accomplices shall be liable to the same penalty.
Norway’s Penal Code (1902), as amended in 2008, states: “Any person is liable to punishment for a war crime who in connection with an armed conflict … employs biological … weapons.”
In the preliminary stages of the First Review Conference of States Parties to the Biological Weapons Convention in 1980, Norway stated that it “has never developed, produced or stored any biological weapons, and has never had the intention of using such weapons in a conflict (arts. I and II)”.
At the Fifth Review Conference of States Parties to the Biological Weapons Convention in 2001, Norway stated: “A multilateral, legally binding instrument is needed now more than ever to fill the existing gap in the non-proliferation regime.” It stated that such a legally binding instrument was “very important aspects of our fight against the use, or threat of use, of biological weapons”.