On 10 April 1972, the BWC was opened for signature. The Netherlands became the first state to deposit their signature of the treaty that same day. The treaty closed for signature upon coming into force on 26 March 1975 with the deposit of ratification by 22 states. Since then, states that did not sign the BWC can only accede to it.
Several countries made reservations when ratifying the agreement declaring that it did not imply their complete satisfaction that the BWC allows the stockpiling of biological agents and toxins for "prophylactic, protective or other peaceful purposes", nor should it imply recognition of other countries they do not recognise.
Multiple dates indicate the different days in which states submitted their signature or deposition, varied by location. This location is noted by: (L) for London, (M) for Moscow, and (W) for Washington D.C.
^The Chairman of the Meeting of the States Parties to the BWC reported that Burundi submitted an incomplete instrument of ratification in 2000 that the depositaries deemed to be legally insufficient to become a party to the treaty.[5]
^Croatia's effective date of succession was 8 October 1991.[6]
^Dominica's effective date of succession was 3 November 1978.[2]
^The Chairman of the Meeting of the States Parties to the BWC reported that Guinea submitted an instrument of accession in 2011 that the depositaries deemed to be legally insufficient to become a party to the treaty.[5]
^Montenegro's effective date of succession was 3 June 2006.[7]
^Macedonia's effective date of succession was 17 November 1991.[8]
^The FR Yugoslavia's (later Serbia and Montenegro) effective date of succession from the SFR Yugoslavia was 27 April 1992, while Serbia's effective date of succession from Serbia and Montenegro was 3 June 2006.[10]
^Vanuatu's effective date of succession was 30 July 1980.[2]
State with limited recognition, abiding by treaty
The Republic of China (Taiwan), which is currently only recognized by 11 UN member states, deposited their instruments of ratification of the BWC with the United States government prior to the US's decision to switch their recognition of the sole legitimate government of China from the Republic of China (ROC) to the People's Republic of China (PRC) in 1971. When the PRC subsequently ratified the treaty, they described the ROC's ratification as "illegal". The ROC has committed itself to continue to adhere to the requirements of the treaty, and the United States has declared that they still consider them to be "bound by its obligations".[13]
^As per the 2024 Report of the Chairman on Universalization Activities to the Meeting of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction.
^As of September 2017, a ratification bill had been approved by Haiti's Cabinet of Ministers and submitted to parliament.[15][16]
Non-signatory states
The following six UN member states have neither signed nor ratified the BWC.[14]
^As per the 2023 Report of the Chairman on Universalization Activities to the Meeting of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction.
^In 2007, the Chairman of the Meeting of the States Parties to the BWC reported that it had been informed by representatives of Comoros that ratification of the BWC had been approved by the government and was pending signature by the President.[18] In July 2024, the Assembly of the Union of the Comoros approved a decree which permits the president to ratify the treaty.[14]
The status of several former dependent territories of a state party to the BWC, whose administrating power ratified the Convention on their behalf, with regards to the Convention following their independence is currently unclear. According to the Vienna Convention on Succession of States in respect of Treaties (to which 22 states are party), "newly independent states" (a euphemism for former colonies) receive a "clean slate", such that the new state does not inherit the treaty obligations of the colonial power, but that they may join multilateral treaties to which their former colonizers were a party without the consent of the other parties in most circumstances. Conversely, in "cases of separation of parts of a state" (a euphemism for all other new states), the new state remains bound by the treaty obligations of the state from which they separated. To date, this Convention has only been ratified by 22 states.
The United Kingdom attached a territorial declaration to their instrument of ratification of the BWC in 1975 stating in part that it applied to:[22]
"... in respect of the United Kingdom of Great Britain and Northern Ireland, Dominica and Territories under the territorial sovereignty of the United Kingdom, as well as the State of Brunei, the British Solomon Islands Protectorate and, within the limits of the United Kingdom jurisdiction therein, the Condominium of New Hebrides [subsequently renamed Vanuatu]."
This declaration bound the territory of Kiribati to the terms of the Convention.[23] Following its independence, it has not made an unambiguous declaration of succession to the BWC.[23]Dominica, Tuvalu and Vanuatu's statuses were likewise ambiguous from their independence until they formally submitted instruments of accession or succession to the treaty.
Kiribati
In 1979, Kiribati gained their independence and subsequently, the President of Kiribati sent a note to the UNSG stating that:[23]
... the Government of the Republic of Kiribati declares that, with regard to multilateral treaties applied or extended to the former Gilbert Islands, it will continue to apply the terms of each such treaty provisionally and on the basis of reciprocity until such time as it notifies the depositary authority of its decision with respect thereto.”
Since then, none of the depositaries for the BWC has received an instrument of accession or succession to the Convention from Kiribati.[1] However, the Government of Kiribati has made statements suggesting that it does not consider itself a party to the treaty.[23]
“The Government of Dominica declares that, with regard to multilateral treaties applied or extended to the former British Associated State of Dominica, it will continue to apply such terms of each treaty provisionally and on the basis of reciprocity until such time as it notifies the depositary authority of its decision in respect thereof.”
The Government of Dominica later stated that it did not consider itself bound by the Convention.[23] However, Dominica was listed as a state party to the BWC in documents from the Meetings of the States Parties to the BWC.[24] The UK Treaty Office (as depositary) did not receive an instrument of succession from Dominica until 2016.[2]
"The Government of Tuvalu desires that it should be presumed that each treaty purporting or deemed to bind Tuvalu before Independence has been legally succeeded to by Tuvalu and that action should be based on such presumption unless and until the Government of Tuvalu decides that any particular treaty should be treated as having lapsed."
Tuvalu acceded to the treaty as an independent state in 2024.[1]
Vanuatu
In 1980, the territory gained their independence. Vanuatu was listed as a state party to the BWC in documents from the Meetings of the States Parties to the BWC,[24] however the Government of Vanuatu made statements suggesting that it did not consider itself a party to the treaty[23] and the UK depositary had no record of receiving an instrument of succession to the BWC from Vanuatu until 2016.[23][25]
^ ab"Status of universalization of the Convention"(PDF). Seventh Review Conference of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. 2011-10-10. Retrieved 2014-10-12.
^ abcdef"Report on universalization activities"(PDF). Meeting of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. 2024-12-14. Retrieved 2024-11-08.
^ ab"Report on universalization activities"(PDF). Meeting of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. 2017-09-25. Retrieved 2019-11-01.
^"Report of the Chairman on universalization activities"(PDF). Meeting of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. 2007-12-11. Retrieved 2014-10-12.
^"Report on universalization activities1"(PDF). Meeting of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. 2021-09-23. Retrieved 2023-11-09.
^ ab"Report on universalization activities"(PDF). Meeting of the States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction. 2015-11-05. Archived from the original(PDF) on 2017-05-10. Retrieved 2017-10-31.
