Abstract: | Military interest in incapacitating biochemical weapons has grown in recent years as advances in science and technology have appeared to offer the promise of new “non-lethal” weapons useful for a variety of politically and militarily challenging situations. There is, in fact, a long and unfulfilled history of attempts to develop such weapons. It is clear that advances are opening up a range of possibilities for future biological and chemical weapons more generally. The treaties prohibiting biological and chemical weapons make no distinction between lethal and “non-lethal” weapons—all are equally prohibited. Indeed, a sharp and technically meaningful distinction between lethal and “non-lethal” biological and chemical weapons is beyond the capability of science to make. Thus, interest in incapacitating biochemical weapons, and efforts on the part of various states to develop them, pose a significant challenge to the treaty regimes, to the norms against biological and chemical warfare that they embody, and, ultimately, to the essential protections that they provide. Preventing a new generation of biological and chemical weapons from emerging will take concerted efforts and action at the local, national, and international levels. |