Overview
The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (1925 Geneva Protocol) was the first international treaty banning biological weapons. The United States signed it in 1925 but did not ratify until December 16, 1974 (entered into force January 22, 1975).
Key Provisions
The Protocol states that the civilized world condemns use of chemical and bacteriological methods of warfare during war. It prohibits parties from using asphyxiating, poisonous, or other gases, and all analogous liquids, materials, or devices in war.
Limitations
Wartime Only: The Protocol only applies to use of biological weapons during wartime situations involving its signatories. It does not define "war" comprehensively, though some parties declared that Iraq's 1988 use of chemical weapons against Kurdish civilians violated the treaty even without a formal declaration of war.
No Verification or Enforcement: The Protocol includes no verification provisions to detect violations or enforcement mechanisms to address them. Alleged violators can thwart investigations by destroying evidence, and the International Court of Justice (ICJ) prefers documentary evidence that is often unavailable for biological weapons attacks.
Limited Scope: Only applies when all combatants in a confrontation are signatories. Some parties reserved the right to retaliate if enemies use prohibited weapons first.
Customary International Law Status
The Protocol's prohibition against bacteriological warfare may reflect customary international law, potentially extending beyond its formal terms to apply against non-parties and in situations other than legally-declared war (such as civil conflicts). However, the ICJ has never enforced a judgment under the Protocol, and nations have not always complied with ICJ rulings.