Constitutional and Policy Issues Regarding Domestic U.S. Enforcement of the Proposed Biological Warfare Convention Inspection Protocol

October 1, 2002

Thomas C. Wingfield, Michael McDavid Coyne

The first wave of targeted biological warfare attacks on the United States has driven the Administration and Congress to reexamine America’s legal and policy options for making future attacks—especially large, indiscriminate ones—less likely. While this is largely a military and intelligence problem, international law does have has an enabling role to play. One frequently proposed option is strengthening the Biological Weapons Convention with an enforcement mechanism, the centerpiece of which would be an intrusive inspection regime resembling that of the Chemical Weapons Convention (“CWC”).

Constitutional and Policy Issues Regarding Domestic U.S. Enforcement of the Proposed Biological Warfare Convention Inspection Protocol