Abstract：The Convention on the Prohibition of Biological Weapons faces the problem of insufficient implementation due to the lack of multilateral verification mechanisms. However, in the face of the enormous threat posed by biological weapons to the survival of human society, the international community has formed a fundamental consensus on a comprehensive ban on biological weapons. This lays the policy foundation for categorizing biological weapon related behavior as an “international crime” in the sense of “due process law”. Defining the development of biological weapons as an international crime can reduce the target of sanctions on biological weapons from countries to individuals, effectively reducing the “governance costs” of the international legal system. The practical experience of international criminalization and prosecution of acts such as torture in the post-war international community has also proven that this approach has sufficient international legal space and domestic legal feasibility. In order to end the current chaos of “impunity” for biological weapon, China should play a more active role. In addition to establishing relative universal jurisdiction over biological weapon related behaviors through international treaties, China can also consider expanding the interpretation of protective jurisdiction, interpret serious damage or threats to international bio-security as violations of China's national interests and security, thus establishing an international criminal prosecution system for biological weapons.
宋阳. 论生物武器行为的国际罪行属性及中国管辖路径[J]. 浙江工商大学学报, 2023, 37(2): 61-71.
SONG Yang. On the International Criminal Attribute of Biological Weaponsand the Jurisdictional Path of China. Journal of Zhejing Gongshang University, 2023, 37(2): 61-71.
2023, Vol. 37 
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