Developing a Legal-Criminal Framework for the Convergence of Global Health and International Security in Addressing Biological Threats from the Intentional Transmission of Infectious Diseases as Terrorism

Namamian, Peyman; Ehsanpour, Seyed Reza

doi:10.22034/iclj.2026.243246

Developing a Legal-Criminal Framework for the Convergence of Global Health and International Security in Addressing Biological Threats from the Intentional Transmission of Infectious Diseases as Terrorism

Authors

Peyman Namamian ¹

Seyed Reza Ehsanpour ²

¹ Associate Professor Criminal Law and Criminology, Faculty of Administrative Sciences and Economics, Arak University, Arak, Iran. (Corresponding Author)

² Postdoctoral Researcher, International Criminal Health Law, Faculty of Administrative Sciences and Economics, Arak University, Arak, Iran.

10.22034/iclj.2026.243246

Abstract

The deliberate transmission of infectious diseases, in addition to its public health implications, represents a potential threat to national and international security. The absence of a unified framework for defining, criminalizing and prosecuting such conduct has led to inconsistencies in legal and institutional responses. This study aims to clarify the conceptual framework of bioterrorism, health security and its linkage with criminal health law and to examine the available capacities and challenges at national and international levels. This research was conducted using a library-based and document analysis approach. Sources included binding international instruments (such as the 1972 Biological Weapons Convention, the International Health Regulations and UN Security Council resolutions), national and supranational judicial practice and published scholarly literature in the fields of health security and international criminal law. Data were qualitatively and comparatively analyzed and categorized. The analysis revealed capacities such as existing treaty frameworks, scientific advances in disease tracing, successful national experiences and the possibility of establishing an additional protocol or a dedicated body to address the issue. Furthermore, the recognition of health threats as threats to international peace and security strengthens the legal foundation for linking the health domain with security mechanisms. The transboundary nature and far-reaching impact of biological threats underscore the necessity of establishing a unified international criminal-legal framework. Integrating the capacities of existing international instruments with scientific advances and national experience can lay the groundwork for drafting an additional protocol to the Biological Weapons Convention or for creating a permanent joint body between the World Health Organization and the UN Security Council to address the deliberate transmission of diseases.

Keywords

Bioterrorism

Health Security

Criminal Health Law

International Security

Deliberate Disease Transmission