Weapon of mass destruction

During the Cold War, the term "weapons of mass destruction" was primarily a reference to nuclear weapons. At the time, in the West the euphemism "strategic weapons" was used to refer to the American nuclear arsenal. However, there is no precise definition of the "strategic" category, neither considering range nor yield of the nuclear weapon.[15]

Subsequent to Operation Opera, the destruction of a pre-operational nuclear reactor inside Iraq by the Israeli Air Force in 1981, the Israeli prime minister, Menachem Begin, countered criticism by saying that "on no account shall we permit an enemy to develop weapons of mass destruction against the people of Israel." This policy of pre-emptive action against real or perceived weapons of mass destruction became known as the Begin Doctrine.[16]

The term "weapons of mass destruction" continued to see periodic use, usually in the context of nuclear arms control; Ronald Reagan used it during the 1986 Reykjavík Summit, when referring to the 1967 Outer Space Treaty.[17] Reagan's successor, George H. W. Bush, used the term in a 1989 speech to the United Nations, primarily in reference to chemical arms.[18]

The end of the Cold War reduced U.S. reliance on nuclear weapons as a deterrent, causing it to shift its focus to disarmament. With the 1990 invasion of Kuwait and 1991 Gulf War, Iraq's nuclear, biological, and chemical weapons programs became a particular concern of the first Bush Administration.[19] Following the war, Bill Clinton and other western politicians and media continued to use the term, usually in reference to ongoing attempts to dismantle Iraq's weapons programs.[19]

In early 2019, more than 90% of the world's 13,865 nuclear weapons were owned by Russia and the United States.[20]

After the 11 September 2001 attacks and the 2001 anthrax attacks in the United States, an increased fear of nonconventional weapons and asymmetric warfare took hold in many countries. The fear reached a crescendo with the 2002 Iraq disarmament crisis and the alleged existence of weapons of mass destruction in Iraq that became the primary justification for the 2003 invasion of Iraq; however, American forces found none in Iraq. They found old stockpiles of chemical munitions including sarin and mustard agents, but all were considered to be unusable because of corrosion or degradation.[21] Iraq, however, declared a chemical weapons stockpile in 2009 which U.N. personnel had secured after the 1991 Gulf War. The stockpile contained mainly chemical precursors, but some munitions remained usable.[22]

Because of its prolific use and (worldwide) public profile during this period, the American Dialect Society voted "weapons of mass destruction" (and its abbreviation, "WMD") the word of the year in 2002,[23] and in 2003 Lake Superior State University added WMD to its list of terms banished for "Mis-use, Over-use and General Uselessness" (and "as a card that trumps all forms of aggression").[24]

In its criminal complaint against the main suspect of the Boston Marathon bombing of 15 April 2013, the FBI refers to a pressure-cooker improvised bomb as a "weapon of mass destruction."[25]

There have been calls to classify at least some classes of cyber weapons as WMD, in particular those aimed to bring about large-scale (physical) destruction, such as by targeting critical infrastructure.[26][27][28] However, some scholars have objected to classifying cyber weapons as WMD on the grounds that they "cannot [currently] directly injure or kill human beings as efficiently as guns or bombs" or clearly "meet the legal and historical definitions" of WMD.[29][30]

The most widely used definition of "weapons of mass destruction" is that of nuclear, biological, or chemical weapons (NBC) although there is no treaty or customary international law that contains an authoritative definition. Instead, international law has been used with respect to the specific categories of weapons within WMD, and not to WMD as a whole. While nuclear, chemical and biological weapons are regarded as the three major types of WMDs,[31] some analysts have argued that radiological materials as well as missile technology and delivery systems such as aircraft and ballistic missiles could be labeled as WMDs as well.[31]

However, there is an argument that nuclear and biological weapons do not belong in the same category as chemical and "dirty bomb" radiological weapons, which have limited destructive potential (and close to none, as far as property is concerned), whereas nuclear and biological weapons have the unique ability to kill large numbers of people with very small amounts of material, and thus could be said to belong in a class by themselves.

The NBC definition has also been used in official U.S. documents, by the U.S. President,[32][33] the U.S. Central Intelligence Agency,[34] the U.S. Department of Defense,[35][36] and the U.S. Government Accountability Office.[37]

Other documents expand the definition of WMD to also include radiological or conventional weapons. The U.S. military refers to WMD as:

Chemical, biological, radiological, or nuclear weapons capable of a high order of destruction or causing mass casualties and exclude the means of transporting or propelling the weapon where such means is a separable and divisible part from the weapon. Also called WMD.[38]

This may also refer to nuclear ICBMs (intercontinental ballistic missiles).

Protest in Amsterdam against the deployment of Pershing II missiles in Europe, 1981

The significance of the words separable and divisible part of the weapon is that missiles such as the Pershing II and the SCUD are considered weapons of mass destruction, while aircraft capable of carrying bombloads are not.

In 2004, the United Kingdom's Butler Review recognized the "considerable and long-standing academic debate about the proper interpretation of the phrase 'weapons of mass destruction'". The committee set out to avoid the general term but when using it, employed the definition of United Nations Security Council Resolution 687, which defined the systems which Iraq was required to abandon:

• "Nuclear weapons or nuclear-weapons-usable material or any sub-systems or components or any research, development, support or manufacturing facilities relating to [nuclear weapons].
• Chemical and biological weapons and all stocks of agents and all related subsystems and components and all research, development, support and manufacturing facilities.
• Ballistic missiles with a range greater than 150 kilometres and related major parts, and repair and production facilities."[39]

Chemical weapons expert Gert G. Harigel considers only nuclear weapons true weapons of mass destruction, because "only nuclear weapons are completely indiscriminate by their explosive power, heat radiation and radioactivity, and only they should therefore be called a weapon of mass destruction". He prefers to call chemical and biological weapons "weapons of terror" when aimed against civilians and "weapons of intimidation" for soldiers.[40]

Testimony of one such soldier expresses the same viewpoint.[41] For a period of several months in the winter of 2002–2003, U.S. Deputy Secretary of Defense Paul Wolfowitz frequently used the term "weapons of mass terror", apparently also recognizing the distinction between the psychological and the physical effects of many things currently falling into the WMD category.[42]

Gustavo Bell Lemus, the Vice President of Colombia, at 9 July 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, quoted the Millennium Report of the UN Secretary-General to the General Assembly, in which Kofi Annan said that small arms could be described as WMD because the fatalities they cause "dwarf that of all other weapons systems – and in most years greatly exceed the toll of the atomic bombs that devastated Hiroshima and Nagasaki".[43]

An additional condition often implicitly applied to WMD is that the use of the weapons must be strategic. In other words, they would be designed to "have consequences far outweighing the size and effectiveness of the weapons themselves".[44] The strategic nature of WMD also defines their function in the military doctrine of total war as targeting the means a country would use to support and supply its war effort, specifically its population, industry, and natural resources.

Within U.S. civil defense organizations, the category is now Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE), which defines WMD as:

(1) Any explosive, incendiary, poison gas, bomb, grenade, or rocket having a propellant charge of more than four ounces [113 g], missile having an explosive or incendiary charge of more than one-quarter ounce [7 g], or mine or device similar to the above. (2) Poison gas. (3) Any weapon involving a disease organism. (4) Any weapon that is designed to release radiation at a level dangerous to human life.[45]

For the general purposes of national defense,[46] the U.S. Code[47] defines a weapon of mass destruction as:

• any weapon or device that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of:
  • toxic or poisonous chemicals or their precursors
  • a disease organism
  • radiation or radioactivity[48]

For the purposes of the prevention of weapons proliferation,[49] the U.S. Code defines weapons of mass destruction as "chemical, biological, and nuclear weapons, and chemical, biological, and nuclear materials used in the manufacture of such weapons".[50]

For the purposes of U.S. criminal law concerning terrorism,[51] weapons of mass destruction are defined as:

• any "destructive device" defined as any explosive, incendiary, or poison gas – bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any of the devices described in the preceding clauses[52]
• any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors
• any weapon involving a biological agent, toxin, or vector
• any weapon that is designed to release radiation or radioactivity at a level dangerous to human life[53]

The Federal Bureau of Investigation's definition is similar to that presented above from the terrorism statute:[54]

• any "destructive device" as defined in Title 18 USC Section 921: any explosive, incendiary, or poison gas – bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any of the devices described in the preceding clauses
• any weapon designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors
• any weapon involving a disease organism
• any weapon designed to release radiation or radioactivity at a level dangerous to human life
• any device or weapon designed or intended to cause death or serious bodily injury by causing a malfunction of or destruction of an aircraft or other vehicle that carries humans or of an aircraft or other vehicle whose malfunction or destruction may cause said aircraft or other vehicle to cause death or serious bodily injury to humans who may be within range of the vector in its course of travel or the travel of its debris.

Indictments and convictions for possession and use of WMD such as truck bombs,[55] pipe bombs,[56] shoe bombs,[57] and cactus needles coated with a biological toxin[58] have been obtained under 18 USC 2332a.

As defined by 18 USC §2332 (a), a Weapon of Mass Destruction is:

• (A) any destructive device as defined in section 921 of the title;
• (B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
• (C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title); or
• (D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;

Under the same statute, conspiring, attempting, threatening, or using a Weapon of Mass Destruction may be imprisoned for any term of years or for life, and if resulting in death, be punishable by death or by imprisonment for any terms of years or for life. They can also be asked to pay a maximum fine of $250,000.[59]

The Washington Post reported on 30 March 2006: "Jurors asked the judge in the death penalty trial of Zacarias Moussaoui today to define the term 'weapons of mass destruction' and were told it includes airplanes used as missiles". Moussaoui was indicted and tried for conspiracy to both destroy aircraft and use weapons of mass destruction, among others.[60]

The surviving Boston Marathon bombing perpetrator, Dzhokhar Tsarnaev, was charged in June 2013 with the federal offense of "use of a weapon of mass destruction" after he and his brother Tamerlan Tsarnaev allegedly placed crude shrapnel bombs, made from pressure cookers packed with ball bearings and nails, near the finish line of the Boston Marathon. He was convicted in April 2015. The bombing resulted in three deaths and at least 264 injuries.[61]

US and Russian nuclear stockpiles, 1945 to 2014

The only country to have used a nuclear weapon in war is the United States, which dropped two atomic bombs on the Japanese cities of Hiroshima and Nagasaki during World War II.

There are eight countries that have declared they possess nuclear weapons and are known to have tested a nuclear weapon, only five of which are members of the NPT. The eight are China, France, India, North Korea, Pakistan, Russia, the United Kingdom, and the United States.[71] Israel is considered by most analysts to have nuclear weapons numbering in the low hundreds as well, but maintains an official policy of nuclear ambiguity, neither denying nor confirming its nuclear status.

South Africa developed a small nuclear arsenal in the 1980s but disassembled them in the early 1990s, making it the only country to have fully given up an independently developed nuclear weapons arsenal. Belarus, Kazakhstan, and Ukraine inherited stockpiles of nuclear arms following the break-up of the Soviet Union, but relinquished them to the Russian Federation.[72]

Countries where nuclear weapons are deployed through nuclear sharing agreements include Belgium, Germany, Italy, the Netherlands, and Turkey.[73]

The Biological Weapons Convention[74]

The history of biological warfare goes back at least to the Mongol siege of Caffa in 1346 and possibly much farther back to antiquity.[75][76] However, only by the turn of the 20th century did advances in microbiology allow for the large-scale weaponization of pathogens. At least nine states have operated offensive biological weapons programs during the 20th century, including Canada (1946–1956),[77] France (1921–1972),[78] Iraq (1985–1990s),[79] Japan (1930s–1945),[80] Rhodesia, South Africa (1981–1993),[81] the Soviet Union (1920s–1992),[82] the United Kingdom (1934–1956),[83] and the United States (1943–1969).[84]

The Japanese biological weapons program, which was run by the secret Imperial Japanese Army Unit 731 during the Sino-Japanese War (1937–1945), became infamous for conducting often fatal human experiments on prisoners and producing biological weapons for combat use.[85] The Soviet Union covertly operated the world's largest, longest, and most sophisticated biological weapons program, in violation of its obligations under international law.[86]

International restrictions on biological warfare began with the 1925 Geneva Protocol, which prohibits the use but not the possession or development of biological and chemical weapons.[87][88] Upon ratification of the Geneva Protocol, several countries made reservations regarding its applicability and use in retaliation.[89] Due to these reservations, it was in practice a "no-first-use" agreement only.[90] The 1972 Biological Weapons Convention (BWC) supplements the Geneva Protocol by prohibiting the development, production, acquisition, transfer, stockpiling, and use of biological weapons.[91] Having entered into force on 26 March 1975, the BWC was the first multilateral disarmament treaty to ban the production of an entire category of weapons of mass destruction.[91] As of March 2021, 183 states have become party to the treaty.[92]

Chemical weapons have been used around the world by various civilizations since ancient times. In the industrial era, they were used extensively by both sides during World War I, and by the Axis powers during World War II (both in battle and in extermination camp gas chambers) though Allied powers also stockpiled them. Countries in Western Europe renounced the use of such weapons. As of 2018, a handful of countries have known inventories, and many are in the process of being safely destroyed under the Chemical Weapons Convention. Nonetheless, proliferation and use in war zones remains an active concern, most recently the use of chemical weapons in the Syrian Civil War.

Radioactivity

2007 ISO radioactivity danger symbol

The international radioactivity symbol (also known as trefoil) first appeared in 1946, at the University of California, Berkeley Radiation Laboratory. At the time, it was rendered as magenta, and was set on a blue background.[129]

It is drawn with a central circle of radius R, the blades having an internal radius of 1.5R and an external radius of 5R, and separated from each other by 60°.[130] It is meant to represent a radiating atom.[131]

The International Atomic Energy Agency found that the trefoil radiation symbol is unintuitive and can be variously interpreted by those uneducated in its meaning; therefore, its role as a hazard warning was compromised as it did not clearly indicate "danger" to many non-Westerners and children who encountered it. As a result of research, a new radiation hazard symbol (ISO 21482) was developed in 2007 to be placed near the most dangerous parts of radiation sources featuring a skull, someone running away, and using a red rather than yellow background.[132]

The red background is intended to convey urgent danger, and the sign is intended to be used on equipment where very strong ionizing radiation can be encountered if the device is dismantled or otherwise tampered with. The intended use of the sign is not in a place where the normal user will see it, but in a place where it will be seen by someone who has started to dismantle a radiation-emitting device or equipment. The aim of the sign is to warn people such as scrap metal workers to stop work and leave the area.[133]

Biohazard

Developed by Dow Chemical company in the 1960s for their containment products.[134]

According to Charles Dullin, an environmental-health engineer who contributed to its development:[130]

"We wanted something that was memorable but meaningless, so we could educate people as to what it means."

• "WMD: Words of mass dissemination" (12 February 2003), BBC News.
• Bentley, Michelle, "War and/of Worlds: Constructing WMD in U.S. Foreign Policy", Security Studies 22 (Jan. 2013), 68–97.
• Michael Evans, "What makes a weapon one of mass destruction?" (6 February 2004), The Times.
• Bruce Schneier, "Definition of 'Weapon of Mass Destruction'" (6 April 2009), Schneier on Security.
• Stefano Felician, Le armi di distruzione di massa, CEMISS, Roma, 2010,

• United Nations Security Council Resolution 1540
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• Joanne Mariner, "FindLaw Forum: Weapons of mass destruction and international law's principle that civilians cannot be targeted" (20 November 2001), CNN.

• Lentzos, Filippa (2019). "Compliance and Enforcement in the Biological Weapons Regime". United Nations Institute for Disarmament Research: Weapons of Mass Destruction Control & Enforcement. Geneva, Switzerland. 4. doi:10.37559/WMD/19/WMDCE4.
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• Media Coverage of Weapons of Mass Destruction at the Wayback Machine (archived 17 February 2006), by Susan D. Moeller, Center for International and Security Studies at Maryland, 2004.
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• Jacob M. Appel, "Is All Fair in Biological Warfare?", Journal of Medical Ethics, June 2009.

• Steven Kull et al., Americans on WMD Proliferation (15 April 2004), Program on International Policy Attitudes/Knowledge Networks survey.