The development and use of biological weapons poses a catastrophic threat to humanity, yet international law lacks a clear legal framework to hold those responsible accountable. One way to address this gap could be to classify bioweapons developers—referred to here as "bioweaponeers"—as hostis humani generis (enemy of mankind), a legal category historically applied to pirates. This approach would aim to create universal jurisdiction over such individuals, making it easier to prosecute them internationally.

Why This Approach Could Work

The idea builds on historical precedent, where pirates were deemed enemies of all humanity, allowing any nation to prosecute them. Unlike terrorism, which has faced resistance when proposed for hostis humani generis classification, bioweapons development involves clear violations of international humanitarian law, such as the potential for mass casualties and ecological harm. A phased approach could be taken:

• Research Phase: Analyze past applications of hostis humani generis to pirates and failed attempts to extend it to terrorists.
• Diplomatic Phase: Engage key nations and organizations to draft legal definitions and propose amendments to treaties like the Biological Weapons Convention.
• Implementation Phase: Establish enforcement mechanisms, such as expanding the jurisdiction of the International Criminal Court or creating a specialized tribunal.

Challenges and Potential Solutions

The biggest hurdles include defining "bioweaponeer" precisely to avoid criminalizing legitimate research and overcoming state resistance to extraterritorial prosecutions. One way to address these concerns could be:

• Narrow Legal Criteria: Focus on provable intent to weaponize biological agents, rather than broad accusations.
• Incentivized Participation: Offer states benefits, such as sanctions relief or security cooperation, in exchange for supporting the framework.

How It Compares to Existing Efforts

Unlike the Biological Weapons Convention, which relies on state enforcement, this proposal would allow individual accountability, making it harder for violators to evade justice. It also differs from past attempts to label terrorists as enemies of mankind by focusing on measurable harm rather than politically charged definitions.

While this idea is legally plausible, its success would depend on diplomatic consensus and careful design to prevent misuse. Starting with expert discussions and incremental treaty adjustments could pave the way for broader acceptance.