Norma relacionada
South Africa
Practice Relating to Rule 73. Biological Weapons
South Africa’s LOAC Manual (1996) states: “The use of certain weapons is expressly prohibited by international agreement, treaty or custom (e.g. biological and toxic weapons).” 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, p. 12, § 34.f.(iii).
South Africa’s Revised Civic Education Manual (2004) states:
i. Prohibited Weapons. The following weapons have been prohibited:
(3) … Bacteriological Weapons. Geneva Protocol outlawing their use in 1925. This ban was later strengthened by the adoption of the Biological Weapons Convention (1972) … which prohibits the development, production, stockpiling and transfer of such weapons. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 56(f)(i)(3).
South Africa’s LOAC Teaching Manual (2008) states:
3. Means and Methods of Warfare
Several specific weapons are governed by specific treaties. These treaties establish two categories of weapons, to wit[:]
- Weapons of which the use is totally prohibited; and
- Weapons of which the use is permitted under certain conditions.
Weapons of which the Use is Totally Prohibited
- Chemical and bacteriological warfare, ie
- Bacteriological methods of warfare. (Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and Bacteriological Methods of Warfare dated 17 June 1925.) 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 3, pp. 174–175.
South Africa’s Non-Proliferation of Weapons of Mass Destruction Act (1993) provides:
The Minister may, by notice in the Gazette, determine the general policy to be followed with a view to:
(d) the imposition of a prohibition, whether for offensive or defensive purposes, on the development, production, acquisition, stockpiling, maintenance or transit of any weapons of mass destruction. 
South Africa, Non-Proliferation of Weapons of Mass Destruction Act, 1993, Section 2(1)(d).
The Act further states:
(1) The Minister [of Trade and Industry] may, on the recommendation of the [South African] Council [for Non-Proliferation of Weapons of Mass Destruction], whenever he deems it necessary or expedient in the public interest, by notice in the Gazette declare goods which may contribute to the design, development, production, deployment, maintenance or use of weapons of mass destruction, to be controlled goods.
(2) The Minister may in such notice–
(a) prohibit the import, export, re-export or transit of such goods;
(b) limit or control the import, export, re-export or transit of such goods, and determine that the import, export, re-export or transit of such goods may only take place under a permit issued by the Council;
(c) make the import, export, re-export or transit of such goods subject to end-use requirements;
(d) require a declaration to the Council in accordance with the provisions of an international convention, treaty or agreement … with regard to the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, transport, import, export, transit or re-export of such goods;
(e) prohibit the manufacture; procurement in any manner, use, operation, stockpiling, maintenance, transport or disposal by any means of such goods;
(f) make the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, transport or disposal by any means of such goods, subject to a permit issued by the Council. 
South Africa, Non-Proliferation of Weapons of Mass Destruction Act, 1993, Section 13(1)–(2).
South Africa’s Certain Biological Goods and Technologies Notice (2004) states:
I, … Minister of Trade and Industry, on the recommendation of the South African Council for the Non-Proliferation of Weapons of Mass Destruction and under section 13 of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), hereby–
(a) in terms of South Africa’s obligations as a State Party to the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, prohibit–
(i) the import, export, re-export, transit, possession, development, manufacture, production, procurement in any manner, use, operation, stockpiling, maintenance, transport, disposal, acquisition or retention of 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;
(ii) the import, export, re-export, transit, possession, development, manufacture, production, procurement in any manner, use, operation, stockpiling, maintenance, transport, disposal, acquisition or retention of weapons, equipment or means of dispersion or delivery specifically designed to use such agents or toxins for hostile purposes or in armed conflict. 
South Africa, Certain Biological Goods and Technologies Notice, 2004, p. 3.
South Africa’s Certain Biological Goods and Technologies Notice (2010) states:
Declaration
1. I, … Minister of Trade and Industry, under section 13(1) of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), and on the recommendation of the South African Council for the Non-Proliferation of Weapons of Mass Destruction hereby declare microbial or other biological agents, toxins and related equipment and technology that may be used in the manufacture of biological and toxin weapons as listed in Annexures A and B to this notice, to be controlled goods.
2. I hereby–
(a) in terms of section 13(2)(a) and (e) of the Act and pursuant to South Africa’s obligations under the [1972] Biological and Toxin Weapons Convention, further prohibit–
(i) the import, export, re-export, transit (including transshipment), possession, development, manufacture, production, acquisition in any manner, use, operation, stockpiling, maintenance, transport, disposal, sale, and retention of biological weapons;
(ii) any person to assist, encourage or to induce any State, group of States, international organisations or non-State actors to manufacture or otherwise acquire biological weapons;
Definitions
3. In this notice, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates–
“Biological and Toxin Weapons Convention” means the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, added as a schedule to the Act;
biological weapons means microbial or other biological agents or toxins, regardless of the origin or method of production thereof, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes, and weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict;
“development” means all phases before production, and includes conceptualisation, research, analysis, testing, configuration or pilot production schemes;
“the Act” means the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993). 
South Africa, Certain Biological Goods and Technologies Notice, 2010, §§ 1–2(a) and 3.
In its judgment in the Basson II case in 2005, the Constitutional Court of South Africa stated:
[179] … There can be no doubt that the use of instruments of state to murder captives long after resistance had ceased would in the 1980s, as before and after, have grossly transgressed even the most minimal standards of international humanitarian law.
[180] The same has to be said of … the provision of cholera bacteria for placement in water supplies. Such means of warfare are abhorrent to humanity and forbidden by international law. … In 1925 the Geneva Protocol prohibited the use of chemical and bacteriological weapons. In 1972 the ban on bacteriological means of warfare was restated and strengthened by a specific convention designed to prohibit the manufacture and stockpiling of these agents of destruction. 
South Africa, Constitutional Court, Basson II case¸ Judgment, 9 September 2005, §§ 179–180.
At the Fourth Review Conference of States Parties to the Biological Weapons Convention in 1996, South Africa declared that it remained “committed to achieving a world free of all weapons of mass destruction and to addressing the proliferation of conventional weapons”. It also reaffirmed its “commitment to strengthening the [Biological Weapons Convention] by establishing a verifiable compliance protocol for the Convention”. 
South Africa, Statement of 26 November 1996 at the Fourth Review Conference of States Parties to the Biological Weapons Convention, Geneva, 25 November–6 December 1996.
At the Fifth Review Conference of States Parties to the Biological Weapons Convention in 2001, South Africa stated: “The use of disease – in this case anthrax – as a weapon of terror should … be condemned in the strongest possible terms.” It further emphasized
the importance of the work that had been undertaken to negotiate a legally binding Protocol to strengthen the implementation of the Convention … South Africa continues to see the strengthening of the implementation of the [Biological Weapons Convention] as a core element of the international security architecture.  
South Africa, Statement of 19 November 2001 at the Fifth Review Conference of States Parties to the Biological Weapons Convention, Geneva, 19 November–7 December 2001.