Genetic Modification and the Challenges of Biological Crimes

Abstract

The rapid advancement of genetic modification technologies, particularly CRISPR-Cas9 systems, synthetic biology platforms, and gain-of-function research, presents unprecedented challenges for legal frameworks designed to prevent biological crimes. This paper examines the critical intersection of biotechnology and criminal law, analysing the inadequacy of current national and international legal instruments in addressing the deliberate misuse of genetic modification technologies for criminal, terroristic, or military purposes. The study adopts a doctrinal and comparative legal methodology, systematically reviewing existing legislative frameworks across multiple jurisdictions—including the United States, the European Union, and key signatories to the Biological Weapons Convention (BWC)—as well as examining the regulatory contributions of international bodies such as the World Health Organization and the United Nations. Drawing on twenty-two scholarly sources encompassing legal treatises, international treaties, and empirical biosecurity studies, the analysis identifies three principal deficiencies in current legal frameworks: definitional ambiguity surrounding the scope of biological crimes, fragmented enforcement mechanisms at both national and international levels, and a predominantly reactive regulatory posture ill-suited to the pace of biotechnological innovation. The paper explores the dual-use dilemma inherent in genetic modification, whereby identical technologies enabling life-saving medical advances may equally be weaponised by state or non-state actors. Case studies drawn from India, Egypt, the Russian Federation, and the United States illustrate the concrete challenges of investigating, prosecuting, and adjudicating biological crimes under existing treaty and domestic law regimes. Based on this analysis, the paper proposes core elements for a comprehensive international legal framework, incorporating binding oversight protocols, harmonised legal definitions of biological crimes, mandatory national disclosure mechanisms, and robust cross-border enforcement procedures. The conclusions offer actionable recommendations for legislators, international organisations, and judicial authorities seeking to achieve a principled balance between scientific progress and biosecurity imperatives.