Germs and viruses have been used as weapons since 1346 when, according to Gabriele de’ Mussi, dead plague-ridden bodies were hurled into the city of Caffa to spread infection among the enemy; the battle of Caffa was one of history's first instances of biological warfare. Mark Wheelis analyzed de' Mussi's historical account in the article "Biological Warfare at the 1346 Siege of Caffa."
According to de' Mussi, "The Mongol army hurled plague-infected cadavers into the besieged Crimean city of Caffa, thereby transmitting the disease to the inhabitants." Wheelis concludes that de' Mussi's account of diseased dead bodies being used as weapons is credible, and Wheelis only disputes the notion that the macabre strategy was the original source of plague in Europe.
Using One's Body to Spread Disease
Notwithstanding Wheelis' theories regarding plague, the Caffa siege proves that strategists have used disease as weapons since the 1300s; however, the concept of using a live body (especially one's own) to spread disease is a relatively new concept. In the 21st century, legislators and leaders in public health are struggling with legislation to contend with this novel threat - the threat of diseased individuals deliberately spreading infection.
The threat developed gradually, and in earlier years the capability of individuals to spread disease was extremely limited. An individual stricken with illness was usually debilitated and incapable of spreading contagion; also the individual's sickness was often apparent. Most potential victims could prevent infection by avoiding individuals with obvious signs and symptoms of sickness. Of course, infected individuals were not always incapacitated nor were symptoms always apparent.
Germs and Disease that Kill
In fact, scientists and researchers made little progress in understanding sickness and disease until germ theory was developed "between 1850 and 1920" (Harvard University Library Collection). Accordingly, society developed very few laws to contend with individuals who deliberately spread disease and/or intended to infect specific individuals.
Medical technology prior to the 20th century was limited, and most infected individuals harboring a deadly disease died instead of continuing to infect others; however, the experience of Mary Mallon, popularly known as Typhoid Mary, was an exception. Mallon's story is an example of an able-bodied person spreading disease while apparently healthy.
In 1907 health officials confronted Mary Mallon (Typhoid Mary), a cook who spread typhoid disease in food that she prepared. Mary Mallon harbored typhoid without showing symptoms of the illness, but she refused to obey public health authorities who forbade her from cooking. Ultimately, health authorities confined Mallon to North Island Hospital to protect the public.
So public health officials noted early in the 20th century that individuals infected with disease threatened public safety. They realized that irresponsible individuals could indiscriminately spread disease. The mandated quarantine of Mary Mallon demonstrated the necessity of creating laws to address such situations.
But the medical field changes rapidly, and legislation has not kept pace. New drugs and treatments continue to increase the likelihood that sick and infected individuals will appear healthy, and modern-day medical technology allows for the treatment of many maladies that were once considered fatal. HIV/AIDS is an example of such a disease; medical breakthroughs have radically reduced the risk of death for the HIV positive.
HIV/AIDS as a Weapon
In August 26, 2010, Michael Slackman wrote the news story " Germany: Singer is Convicted for Transmitting HIV." The story concerned Nadja Benissa, a German singer who had engaged in sexual relations knowing that she was HIV positive; she infected one of her sexual partners. She faced prosecution in accordance with legislation that categorized deliberate/irresponsible transmission of HIV/AIDS as a criminal act.
According to the August 26, 2010 CNN report " HIV-infected German Singer Convicted," the singer was found guilty "of causing grievous bodily harm and attempted bodily harm for failing to tell sexual partners that she was infected with HIV." She avoided jail time, but her situation highlights a concern of James B McArthur, author of "As the Tide Turns: The Changing HIV/AIDS Epidemic and the Criminalization of HIV Exposure" published in 2009 in the Cornell Law Review.
Spreading Infection is a Crime
In describing his concerns, McArthur writes, "The HIV/AIDS epidemic is changing, but the criminal law is failing to keep pace....Twenty-one states currently have statutes criminalizing behavior that risks the transmission of HIV or AIDS" But McArthur writes that these laws are dated "because they impose penalties from an era when HIV infection was regarded as 'invariably fatal,' but also because they do not take into account the changing nature of the HIV/AIDS epidemic." McArthur cites California law as an example of legislation that warrants reformation.
The California HIV/AIDS Law 2009 (Health and Safety) Code Section 120291 states that "any person who exposes another to HIV by engaging in unprotected sexual activity is guilty of a felony, when the infected person:
- Knows he or she is infected;
- Has not disclosed his or her HIV-positive status; and
- Acts with the intent to infect the other person with HIV."
However, McArthur believes that courts of law should base judgments on the virulence of the transmitted HIV. He points out that some strains of HIV are responsive to retroviral drugs and treatment while other (often fatal) HIV strains are not. McArthur provides a lengthy discussion in his 34-page article and essentially argues that punishment and prosecution for HIV/AIDS transmission does not fit the crime.
Diseased human bodies have been used as weapons to spread infection since 1346, when Mongol invaders used infected dead bodies to spread plague during the siege of Caffa, but in the 21st century, lawmakers contend with the bodies of living persons spreading disease. Laws are being crafted to treat transmission of diseases such as HIV/AIDS as a crime. And although legislators recognize that infection intended to kill another person is as deadly as any conventional weapon, they struggle to develop laws to prosecute criminals who use disease as a weapon.
Sources:
Harvard University Library. Germ Theory. Contagion, Historical Views of Diseases and Epidemics.
Associated Press. "Ohio Wrestler Convicted in HIV Assault Case." 2011.
Marian Henderson - I was in the Marine Corps for 12 years, and after completing my last four-year enlistment, I became a Merchant Marine. I worked aboard ...
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