| 2025
Hoffberger-Pippan, Elisabeth (2025): Upholding the Ban: The Role of Courts in Enforcing Prohibitions on Biological and Chemical Weapons, PRIF Working Paper, 68, Frankfurt/M .
Both the Biological Weapons Convention (BWC) and the Chemical Weapons Convention (CWC) establish instruments and mechanisms intended to enforce their respective prohibitions. The majority of these mechanisms are predominantly political in nature and have frequently been subject to criticism, particularly in times of geopolitical instability. Nevertheless, recent years have seen a growing number of national and international legal proceedings initiated in the context of the prohibition of biological and chemical weapons. While these proceedings are not always directly based on the BWC or CWC, they contribute to enhancing the visibility of the relevant prohibitions and, albeit indirectly, to their enforcement. This working paper examines the role of national and international courts in the implementation of the prohibitions on biological and chemical weapons. As will be shown, both levels of adjudication often face procedural constraints that may hinder the effective application of these norms. At the same time, it is encouraging to observe that states are increasingly seeking to adapt international legal frameworks to strengthen the enforcement of such prohibitions, and are also exploring the use of human rights treaties as a complementary legal basis for upholding these norms. Overall, prohibitions relating to biological and chemical weapons appear to feature prominently in a growing body of judicial decisions, thereby enhancing their legal and normative visibility and contributing to their enforcement.