Term and definition of ABC weapons
ABC weapons are weapons of mass destruction whose effectiveness is based on atomic (A), biological (B), or chemical (C) agents. The term “ABC weapons” is a collective designation used in political, military, and legal contexts. The abbreviations stand for atomic weapons (A-weapons), biological weapons (B-weapons), and chemical weapons (C-weapons).
ABC weapons are characterized by their enormous destructive potential and are comprehensively regulated under international law. The goal of both international and national regulations is to prevent or strictly control the development, production, stockpiling, and use of these weapons. The term is usually defined with reference to the relevant international treaties and national regulations.
International legal foundations
Multilateral agreements
Atomic weapons
The central international legal instrument in the field of atomic weapons (nuclear weapons) is the Treaty on the Non-Proliferation of Nuclear Weapons (Non-Proliferation Treaty – NPT) from the year 1968. Key provisions are:
- Obligation of the signatory states not to transfer nuclear weapons and not to assist non-nuclear-weapon states in acquiring such weapons.
- Obligation to cooperate in the peaceful use of nuclear energy.
- Goal of complete nuclear disarmament.
A comprehensive prohibition of nuclear weapons is pursued by the Treaty on the Prohibition of Nuclear Weapons (TPNW) from 2017, which prohibits possession, use, and threats of use of nuclear weapons.
Biological weapons
The key legal instrument in the field of biological weapons is the Biological Weapons Convention (BWC) of 1972. It prohibits:
- Development, production, acquisition, stockpiling, and transfer of biological weapons (“microbiological or other biological agents”) and their means of delivery for warfare purposes.
- Obligation to destroy or repurpose existing stockpiles for peaceful purposes.
Chemical weapons
Die Chemical Weapons Convention (CWC) of 1993 regulates the international prohibition of chemical weapons. It prohibits:
- Development, production, acquisition, stockpiling, transfer, and use of chemical weapons.
- Obligation to destroy all stockpiles and production facilities under international supervision by the Organisation for the Prohibition of Chemical Weapons (OPCW).
Other treaties
Other international legal instruments (such as the Geneva Protocol of 1925) prohibit the use of chemical and biological weapons in war.
Enforcement mechanisms and monitoring
Compliance with the respective international treaties is ensured through specific monitoring mechanisms. The International Atomic Energy Agency (IAEA) oversees compliance with the NPT, while the OPCW is responsible for implementation of the CWC. Violations of treaties can lead to sanctions and international measures.
National law – Germany
Legal situation and criminal liability
The national implementation of the prohibition of ABC weapons in German criminal law is handled in particular by the War Weapons Control Act (KrWaffKontrG) and supplementally by the Foreign Trade and Payments Act (AWG), which regulates export controls.
War Weapons Control Act (KrWaffKontrG)
According to Section 1 KrWaffKontrG, the manufacture, acquisition, possession, sale, and transport of war weapons—including ABC weapons—generally require a license. The annex to the KrWaffKontrG explicitly lists atomic, biological, and chemical weapons as war weapons.
Certain acts are punishable, in particular:
- unauthorized manufacture, acquisition, possession, transfer, or import and export pursuant to Sections 19–21 KrWaffKontrG,
- advertising or encouraging corresponding acts under Section 22 KrWaffKontrG.
Penalties range up to life imprisonment.
Foreign Trade and Payments Act (AWG) and Foreign Trade and Payments Regulation (AWV)
Additionally, the AWG sets out provisions for export, movement, transit, and trade of dual-use goods that could be suitable for the production of ABC weapons. Particularly regulated goods are listed in the Export List (Annex to the AWV).
Radiation protection law
In the area of nuclear weapons, there are supplementary regulations in radiation protection law, designed to regulate the handling of radioactive materials. These serve to protect life, health, and property from harm caused by ionizing radiation.
Police law and hazard prevention provisions
The police and regulatory authorities may intervene under the respective state police laws if there are specific threats from ABC weapons or if investigations related to such weapons are required. The Infection Protection Act (IfSG) provides for measures to protect against biological agents.
Definition and related provisions
Distinction: Weapons of mass destruction
The term ‘weapons of mass destruction’ (WMD) encompasses, in addition to ABC weapons, certain conventional weapons of extraordinary destructive power, although legal regulation focuses mainly on atomic, biological, and chemical weapons.
Other national and international standards
In addition, further international legal instruments are relevant, such as the Hague Regulations on Land Warfare, the Geneva Conventions as well as various EU regulations and UN Security Council resolutions on the non-proliferation of weapons of mass destruction.
Criminal law aspects and sanctions
Illegal acts in connection with ABC weapons are severely sanctioned—both nationally and internationally. Legal consequences range from several years to life imprisonment, as well as asset confiscation and other ancillary penalties.
Under international criminal law, the use of ABC weapons may constitute war crimes, crimes against humanity or genocide under the Statute of the International Criminal Court (ICC).
International export control regime
Non-proliferation regime
Various international regimes exist to prevent proliferation, such as the Australia Group (chemical and biological weapons), the Nuclear Suppliers Group (NSG) or the Wassenaar Arrangement (conventional arms and dual-use goods). They set rules for national implementation of export and technology controls and support fulfillment of international obligations.
Summary
ABC weapons are nuclear, biological, or chemical weapons of mass destruction whose development, production, stockpiling, dissemination, export, and use are subject to comprehensive national and international prohibitions and controls. The essential regulatory instruments are international treaties (NPT, BWC, CWC), national laws such as the War Weapons Control Act and the Foreign Trade and Payments Act, as well as supplementary police and criminal law provisions. The aim of this complex regulation is the comprehensive protection of the international community from the serious dangers posed by ABC weapons.
Frequently asked questions
Who is authorized under German law to handle ABC weapons?
Under German law, the handling of ABC weapons (i.e., nuclear, biological, and chemical weapons) is extremely strictly regulated and, almost exclusively, only permitted for governmental actors in the context of specific tasks. The German War Weapons Control Act (KrWaffKontrG), the Chemical Weapons Convention Implementation Act, and the Biological Weapons Convention Implementation Act generally prohibit both natural and legal persons from acquiring, producing, possessing, or trading in ABC weapons. Permissible exceptions apply only to state agencies, such as for scientific research within internationally agreed control regimes or for specific civil protection tasks based on strict licensing procedures. Private individuals or companies are categorically prohibited from handling ABC weapons, and violations are prosecuted under criminal law.
How is the illegal handling of ABC weapons prosecuted under German law?
Violations of the War Weapons Control Act as well as relevant international conventions and their implementing laws constitute criminal offenses and are punished with severe prison sentences. Unlawful manufacturing, developing, stockpiling, transporting, importing, or exporting of ABC weapons is subject to custodial sentences, usually not less than five years; in especially serious cases, even life imprisonment is possible. Prosecution is conducted by the Federal Public Prosecutor General at the Federal Court of Justice and falls within the jurisdiction of courts established for state security offenses.
Which international treaties are relevant to the legal handling of ABC weapons?
Germany is a party to key international treaties for the control and abolition of ABC weapons: the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Biological Weapons Convention (BWC), the Chemical Weapons Convention (CWC), and several UN Security Council Resolutions. German law implements the requirements of these treaties through national legislation. These international treaties obligate Germany, in particular, to prohibit, destroy, and prevent the proliferation of ABC weapons, as well as to participate in international cooperation regarding oversight and transparency.
Are there exceptions for research and development in the field of ABC substances?
Strict special provisions apply to research and development. Purely scientific work is permitted only with explicit official authorization. However, this authorization is only granted if it is clearly demonstrated that the activity serves exclusively peaceful, civilian, and internationally lawful purposes—such as in the medical or civil security sector. Furthermore, all research activities are subject to mandatory reporting and regular inspections by national authorities such as the Federal Office for Economic Affairs and Export Control (BAFA) and by international inspectors, such as from the Organisation for the Prohibition of Chemical Weapons (OPCW).
How are the financing or support of activities related to ABC weapons treated legally?
Financing, supporting, or promoting activities related to ABC weapons is absolutely prohibited under German and international law. Section 18 paragraph 1 KrWaffKontrG criminalizes not only the direct handling but also the financing of activities related to war weapons. This includes both material and immaterial support, such as providing know-how, funds, infrastructure, or logistical services. Suspected cases are subject to comprehensive review by law enforcement and security authorities.
What sanctions do companies or legal entities face for violations?
In the case of violations by legal entities or companies, specific sanction mechanisms also apply, such as fines, forfeiture of profits, exclusion from public contracts, or even a ban on business activity. A company’s management may also be held personally liable if the violation is due to gross negligence or intent. Furthermore, foreign trade law provides for extensive sanctions, up to and including international listing as a prohibited organization.
How is the control and oversight of the handling of potential precursors to ABC weapons carried out?
Numerous precursors, so-called dual-use goods, are already subject to strict export and import controls under the Foreign Trade and Payments Act and the European Dual-Use Regulation. Companies and research institutions must obtain permits for acquisition, processing, or transfer of such substances. Customs authorities, BAFA, and international partners continuously monitor the trade and use of these products. Suspicions are consistently investigated, and even negligent breaches of reporting and licensing obligations can be sanctioned.
