Category: International Law

  • NATO Expansion

    To the U.S. Senate

    We believe that NATO expansion is a serious mistake. In this post-Cold War period, we should concentrate on reducing Russia’s arsenal of nuclear weapons, ensuring that her warheads and nuclear materials are secure from diversion, and bringing Russia into the Western family of democratic nations. As you know, Russia has delayed ratification of the START II Treaty because of NATO expansion. Further, the tensions raised by expanding NATO towards Russia’s borders can only make more difficult our critical effort to ensure her stockpile of nuclear warheads do not fall into the hands of terrorists or rogue regimes.

    We lament that, after the expensive and dangerous Cold War, we seem to take rather cavalierly the opportunity at long last to build a friendship with Russia. Surely, moving NATO right up to Poland’s border with the Russian province of Kaliningrad cannot be taken as an act of friendship, however we might dress it up with rhetoric. Admitting the Baltics, who share long borders with Russia, will make matters even worse.

    The Administration has stated repeatedly the first round “will not be the last.” Thus, this first vote is not simply about Poland Hungary and the Czech Republic. It is as much about Latvia, Lithuania, Estonia, Slovenia and the several others whose expectations have been raised. How can we admit some and exclude others without creating instability and tensions? Indeed, how can there be stability if Russia is destabilized by expansion?

    We share the goal of a stable Europe, but suggest that it would be far better to address the needs of Central and Eastern Europe and the Baltics by opening the markets of Western Europe to them and by pressing our allies to admit them to the European Union, an organization much better suited to nation-building than a military alliance.

    Signed by former Republican Senators

    Jim Abdnor of South Dakota
    Edward Brooke of Massachusetts
    Dick Clark of Iowa
    John Culver of Iowa
    Mark Hatfield of Oregon
    Gordon Humphrey of New Hampshire
    Roger W. Jepsen of Iowa
    Mack Mattingly of Georgia.

    Signed by former Democratic Senators

    Thomas Eagleton of Missouri
    Gary Hart of Colorado
    John Melcher of Montana
    George McGovern of South Dakota
    Gaylord Nelson of Wisconsin
    Sam Nann of Georgia
    Adlai Stevenson of Illinois
    Harrison Williams of New Jersey.

  • European Parliament Resolution on sub-critical nuclear testing

    The European Parliament,

    – having regard to its previous resolutions on nuclear non-proliferation,

    A. whereas sub-critical nuclear tests were carried out by the United States on 2 July 1997 and on 18 September 1997 at the Nevada Test Site, and whereas the US plans to carry out four more such tests before September 1998,

    B. noting that the US Government has presented the tests as necessary to ensure the safety and reliability of its existing nuclear arsenal, but also noting that critics of the programme claim that the tests also can be used to create new types of warheads as well as to upgrade existing ones,

    C. whereas no international verification exists on whether the tests are in fact sub-critical and therefore in compliance with the Comprehensive Test Ban Treaty (CTBT),

    D. whereas the tests may not be against the letter of the CTBT, but still violate the spirit of the treaty and place in jeopardy its entry into force by creating a “crisis of confidence”,

    E. whereas sub-critical tests and new weapons development risk reinforcing India and Pakistan in their refusal to sign the CTBT, thus blocking its entry into force, and also reinforcing opposition to the Nuclear Non-Proliferation Treaty (NPT), especially in these two nations,

    F. noting that at least 15 countries, including Norway, Indonesia, Mexico, Malaysia and Iran, as well as the mayors of Hiroshima and Nagasaki and 46 members of the US Congress, have publicly expressed their concern about or opposition to these tests,

    G. whereas all EU Member States signed the CTBT after it was opened for signature in September 1996,

    H. whereas states who have signed the CTBT are bound to “refrain from any action that could defeat its object and purpose”, by definition of the Vienna Convention on Treaties,

    1. Reaffirms its support for the CTBT and its request for early ratification of the treaty, and calls on all Member States to act promptly,

    2. Calls on the US Government to halt the series of sub-critical tests and calls on all governments to refrain from carrying out such tests;

    3. Calls on the US Government to issue an official declaration stating that the tests in no way form part of a new weapons design programme, and that new nuclear weapons design does not form part of US policy,

    4. Calls for increased transparency on-site as well as additional confidence-building measures, in order to allay international concern over possible CTBT violations,

    5. Calls on the Council to adopt a joint action under Article J.3 of the Treaty on European Union, to promote signature and ratification by other states, and to include all necessary assistance to enable other states to comply with the provisions of the treaty, particularly the establishment of an effective global verification regime,

    6. Instructs its President to forward this resolution to the Council, the Commission and the President and Congress of the United States of America.

  • Thirteen Million Voices for Abolishing Nuclear Arms

    More than thirteen million Japanese citizens have signed a petition calling for the abolition of the world’s nuclear arsenals in what may be the greatest outpouring of support ever for creating a nuclear weapons free world. The petition is part of a global campaign to eliminate nuclear weapons called Abolition 2000, an international network of over 900 citizen action groups in 74 countries.

    The signatures in Japan were collected in just three months, from November 1997 to January 1998, by members of the Soka Gakkai, a Japanese Buddhist organization long active on disarmament issues. On February 21, 1998, at a ceremony at the Memorial Hall of the Hiroshima Peace Memorial Museum, the signatures will be presented to David Krieger, president of the Nuclear Age Peace Foundation and a leader in the Abolition 2000 campaign. The Nuclear Age Peace Foundation is the International Contact for the Abolition 2000 Global Network to Eliminate Nuclear Weapons.

    “These signatures represent voices of the common people, people in Japan who know the devastation caused by nuclear weapons,” said Krieger. “The people are tired of waiting, they are tired of excuses. The Cold War is long over, and they want an end to the nuclear threat. They understand that the only way to do this is to eliminate nuclear weapons. They are sending a message to the rest of the world, and particularly to the leaders of the nuclear weapons states.”

    According to Krieger, notice of the petition campaign will be provided to the leaders of all nuclear weapons states, and to delegates to the Preparatory Committee meeting of the Non-Proliferation Treaty Review Conference which will take place in Geneva from April 27 through May 8, 1998. Krieger also said that plans are being made to pass the 13 million signatures supporting Abolition 2000 to Kofi Annan, the Secretary General of the United Nations, and to Jayantha Dhanapala, the newly appointed UN Under-Secretary General for Disarmament.

    “The nuclear weapons states are currently stalled in efforts to fulfill their promise in the Non-Proliferation Treaty to eliminate their nuclear arsenals,” said Krieger. “We are hopeful that these 13 million plus voices for nuclear weapons abolition will get them moving. There are still some 36,000 nuclear weapons in the world, and the only number that makes sense for humanity is zero.”

    The Abolition 2000 International Petition calls for ending the nuclear weapons threat, signing an international treaty by the year 2000 to eliminate nuclear weapons within a fixed time period, and reallocating resources from military purposes to meeting human needs and assuring a sustainable future.

    Petition drives are continuing in Australia, Austria, Canada, France, Germany, New Zealand, Netherlands, United Kingdom, the United States and other countries. The petition can be signed on the Worldwide Web at www.wagingpeace.org.

  • McKinney-Rochrabacher Amendment

    Amendment offered by Ms. McKinney

    Ms. McKINNEY. Mr. Chairman, I offer an amendment.

    The CHAIRMAN pro tempore. Is the amendment one of those specifically listed in the order of the House of June 5, 1997?

    Ms. McKINNEY. Yes, Mr. Chairman, it is.

    The CHAIRMAN pro tempore. The Clerk will report the amendment.

    The Clerk read as follows:

    Amendment offered by Ms. McKinney: At the end of the bill add the following (and conform the table of contents accordingly):

    DIVISION C–ARMS TRANSFERS CODE OF CONDUCT

    TITLE XX–ARMS TRANSFERS CODE OF CONDUCT

    SEC. 2001. SHORT TITLE. This title may be cited as the `Code of Conduct on Arms Transfers Act of 1997′.

    SEC. 2002. FINDINGS. The Congress finds the following:

    (1) Approximately 40,000,000 people, over 75 percent civilians, died as a result of civil and international wars fought with conventional weapons during the 45 years of the cold war, demonstrating that conventional weapons can in fact be weapons of mass destruction.

    (2) Conflict has actually increased in the post cold war era, with 30 major armed conflicts in progress during 1995.

    (3) War is both a human tragedy and an ongoing economic disaster affecting the entire world, including the United States and its economy, because it decimates both local investment and potential export markets.

    (4) International trade in conventional weapons increases the risk and impact of war in an already over-militarized world, creating far more costs than benefits for the United States economy through increased United States defense and foreign assistance spending and reduced demand for United States civilian exports.

    (5) The United Nations Register of Conventional Arms can be an effective first step in support of limitations on the supply of conventional weapons to developing countries and compliance with its reporting requirements by a foreign government can be an integral tool in determining the worthiness of such government for the receipt of United States military assistance and arms transfers.

    (6) It is in the national security and economic interests of the United States to reduce dramatically the $840,000,000,000 that all countries spend on armed forces every year, $191,000,000,000 of which is spent by developing countries, an amount equivalent to 4 times the total bilateral and multilateral foreign assistance such countries receive every year.

    (7) According to the Congressional Research Service, the United States supplies more conventional weapons to developing countries than all other countries combined, averaging $11,889,000,000 a year in agreements to supply such weapons to developing countries for the six years since the end of the cold war, 58 percent higher than the $7,515,000,000 a year in such agreements for the six years prior to the dissolution of the Soviet Union.

    (8) Since the end of the cold war, 84 percent of United States arms transfers have been to developing countries are to countries with an undemocratic form of government whose citizens, according to the Department of State Country Reports on Human Rights Practices do not have the ability to peaceably change their form of government.

    (9) Although a goal of United States foreign policy should be to work with foreign governments and international organizations to reduce militarization and dictatorship and therefore prevent conflicts before they arise, during 4 recent deployments of United States Armed Forces–to the Republic of Panama, the Persian Gulf, Somalia, and Haiti–such Armed Forces faced conventional weapons that had been provided or financed by the United States to undemocratic governments.

    (10) The proliferation of conventional arms and conflicts around the globe are multilateral problems, and the fact that the United States has emerged as the world’s primary seller of conventional weapons, combined with the world leadership role of the United States, signifies that the United States is in a position to seek multilateral restraints on the competition for and transfers of conventional weapons.

    (11) The Congress has the constitutional responsibility to participate with the executive branch in decisions to provide military assistance and arms transfers to a foreign government, and in the formulation of a policy designed to reduce dramatically the level of international militarization.

    (12) A decision to provide military assistance and arms transfers to a government that is undemocratic, does not adequately protect human rights, is currently engaged in acts of armed aggression, or is not fully participating in the United Nations Register of Conventional Arms, should require a higher level of scrutiny than does a decision to provide such assistance and arms transfers to a government to which these conditions do not apply.

    SEC. 2003. PURPOSE. The purpose of this title is to provide clear policy guidelines and congressional responsibility for determining the eligibility of foreign governments to be considered for United States military assistance and arms transfers.

    SEC. 2004. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS. (a) Prohibition: Except as provided in subsections (b) and (c), beginning on and after October 1, 1998, United States military assistance and arms transfers may not be provided to a foreign government for a fiscal year unless the President certifies to the Congress for that fiscal year that such government meets the following requirements:

    (1) Promotes democracy: Such government–

    (A) was chosen by and permits free and fair elections;

    (B) promotes civilian control of the military and security forces and has civilian institutions controlling the policy, operation, and spending of all law enforcement and security institutions, as well as the armed forces;

    (C) promotes the rule of law, equality before the law, and respect for individual and minority rights, including freedom to speak, publish, associate, and organize; and

    (D) promotes the strengthening of political, legislative, and civil institutions of democracy, as well as autonomous institutions to monitor the conduct of public officials and to combat corruption.

    (2) Respects human rights: Such government–

    (A) does not engage in gross violations of internationally recognized human rights, including–

    (i) extra judicial or arbitrary executions;

    (ii) disappearances;

    (iii) torture or severe mistreatment;

    (iv) prolonged arbitrary imprisonment;

    (v) systematic official discrimination on the basis of race, ethnicity, religion, gender, national origin, or political affiliation; and

    (vi) grave breaches of international laws of war or equivalent violations of the laws of war in internal conflicts;

    (B) vigorously investigates, disciplines, and prosecutes those responsible for gross violations of internationally recognized human rights;

    (C) permits access on a regular basis to political prisoners by international humanitarian organizations such as the International Committee of the Red Cross;

    (D) promotes the independence of the judiciary and other official bodies that oversee the protection of human rights;

    (E) does not impede the free functioning of domestic and international human rights organizations; and

    (F) provides access on a regular basis to humanitarian organizations in situations of conflict or famine.

    (3) Not engaged in certain acts of armed aggression: Such government is not currently engaged in acts of armed aggression in violation of international law.

    (4) Full participation in U.N. register of conventional arms: Such government is fully participating in the United Nations Register of Conventional Arms. (b) Requirement for Continuing Compliance: Any certification with respect to a foreign government for a fiscal year under subsection (a) shall cease to be effective for that fiscal year if the President certifies to the Congress that such government has not continued to comply with the requirements contained in paragraphs (1) through (4) of such subsection. (c) Exemptions:

    (1) In general: The prohibition contained in subsection (a) shall not apply with respect to a foreign government for a fiscal year if–

    (A) subject to paragraph (2), the President submits a request for an exemption to the Congress containing a determination that it is in the national security interest of the United States to provide military assistance and arms transfers to such government; or

    (B) the President determines that an emergency exists under which it is vital to the interest of the United States to provide military assistance and arms transfers to such government.

    (2) Disapproval: A request for an exemption to provide military assistance and arms transfers to a foreign government shall not take effect, or shall cease to be effective, if a law is enacted disapproving such request. (d) Notifications to Congress:

    (1) In general: The President shall submit to the Congress initial certifications under subsection (a) and requests for exemptions under subsection (c)(1)(A) in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance programs for a fiscal year and shall, where appropriate, submit additional or amended certifications and requests for exemptions at any time thereafter in the fiscal year.

    (2) Determination with respect to emergency situations: The President, when, in his determination, it is not contrary to the national interest to do so, shall submit to the Congress at the earliest possible date reports containing determinations with respect to emergencies under subsection (c)(1)(B). Each such report shall contain a description of–

    (A) the nature of the emergency;

    (B) the type of military assistance and arms transfers provided to the foreign government; and

    (C) the cost to the United States of such assistance and arms transfers.

    [Page: H3619] SEC. 2005. SENSE OF THE CONGRESS. It is the sense of the Congress that the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate should hold hearings on–

    (1) controversial certifications submitted under section 2004(a);

    (2) all requests for exemptions submitted under section 2004(c)(1)(A); and

    (3) all determinations with respect to emergencies under section 2004(c)(1)(B).

    SEC. 2006. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED. For purposes of this title, the terms `United States military assistance and arms transfers’ and `military assistance and arms transfers’ mean–

    (1) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act ;

    (2) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training); or

    (3) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (excluding any transfer or other assistance under section 23 of such Act ), including defense articles and defense services licensed or approved for export under section 38 of that Act .

    Ms. McKINNEY (during the reading). Mr. Chairman, I ask unanimous consent that the amendment be considered as read and printed in the Record.

    The CHAIRMAN pro tempore. Is there objection to the request of the gentlewoman from Georgia?

    There was no objection.

    Ms. McKINNEY. Mr. Chairman, I ask unanimous consent that I be recognized for 8 minutes.

    The CHAIRMAN pro tempore. Is there objection to the request of the gentlewoman from Georgia?

    There was no objection.

    Ms. McKINNEY. Mr. Chairman, I am very proud to offer the McKinney-Rohrabacher amendment, which I believe is a significant enhancement to the legislation we are now considering, the State Department authorization bill.

    This is no longer a controversial amendment. Significant compromise and change have been incorporated into this new version of the Arms Trade Code of Conduct that I am introducing today. In the first version of the bill, the President would certify countries at the beginning of each fiscal year that comply with the code of conduct. If the President wanted to sell weapons to a noncomplying government, then the President would have to come to Congress requesting an exemption and have that exemption approved by a vote in Congress.

    The administration and some Members of Congress felt this gave too much authority to Congress and deprived the President of his ability to make foreign policy. In the spirit of compromise, we have stripped the original bill of this language and now all that remains are the underlying values that motivated this bill in the first place, and that is that the United States ought not be in the business of supplying weapons to dictators.

    Gone is the automatic trigger that some objected to. And so now the piece of legislation before us asks us to make the fundamental assertion of what we stand for in the world and whose side we are on. Is it that the United States of America that speaks eloquently on the subject of respect for human rights and democracy and democratic traditions is only paying lip service to these ideals when confronted with a hungry client wanting our advanced technology only to enhance their ability to torture and abuse their own population? Or do we stand with those people around the world who are victims of the world’s tyrants, who have no voice in the international arena and who only have the conscience of the world to help them?

    This legislation helps to give the United States a conscience for the leaders around the world who do not have one. This legislation helps to give a voice to those people around the world who cannot speak out in their own countries. And finally, this legislation puts the international behavior of the United States in sync with our words, our beliefs, and our fundamental values.

    The initial opponents of this bill did us a favor, really, by asking us to remove and cut certain sections of the bill, because what is left is the fundamental answer to the question, `Will we sell weapons to dictators?’

    This bill is no longer about Presidential prerogatives being impinged on. This bill is no longer about too much congressional authority in the area of foreign policy-making. This bill is simply about whether we will apply the standards to our guns and tanks and missiles and bombs that we apply to computers and chemicals.

    In this country, even a car is considered a lethal weapon, and we apply certain standards on who can operate a car. So getting a driver’s license and keeping that license subjects us all to certain competency requirements, certain standards. If we lose our license, then we fail to meet the requirements for operating the car. Do we not consider it important who purchases our rifles, tanks, guns, and bullets? We even have laws that govern and restrict the flow of certain information and knowledge. Should we not at least be concerned about who gets our weapons that kill people?

    At home, after much struggle, we have come up with standards on who can buy a gun. Convicted felons and the mentally ill cannot buy guns legally in this country. Thank goodness we were able to pass the Brady bill so that we could stop certain purchases of guns. Passing the Brady bill was done, though, only after the unreasonableness and extremism of the NRA was demonstrated to the American public.

    Unfortunately, the code of conduct has its own equivalent to the NRA which, I believe, is not only extreme but also reckless in its disregard of what happens when these weapons are delivered to our dictator clients.

    In 1964, the United States made a decision to support Mobutu Sese Seko, who became a tyrant and a dictator to the people of Zaire. Over the course of the decades of our support for his dictatorship, we shipped almost $170 million of weapons to him. We provided $18 million of training to the military; 1,356 officers, virtually the entire Zairian officer corps, received officer training. A total of $187 million of U.S. military aid went to Zaire.

    What was that aid? 2,500 riot control kits; 2,000 military vehicles for crowd control; 2,000 rifles; $2 million worth of ammunition, and 24 military aircraft.

    What we gave Mobutu was not military assistance to defend his country from outside intervention. What we gave to Mobutu was the means to control dissent and demonstrations. What we gave Mobutu was the means to control his own population and hence, to keep himself in power. As a result, we are complicit in how he used his military, trained and supplied by us.

    This is the kind of end use that concerns us. This is the kind of end use that compelled Dr. Arias and four other Nobel Peace Prize winners to come together 2 weeks ago in New York to declare their support for the code of conduct. Dr. Oscar Arias brought together Jorge Ramos-Horta of East Timor, Betty Williams of Northern Ireland, His Excellency the Dalai Lama of Tibet, and our own Elie Wiesel. Organizations that have won the Noble Peace Prize were also represented at this press conference: Amnesty International, the American Friends Service Committee, and the International Physicians for the Prevention of Nuclear War. Dr. Arias also had letters of support from Archbishop Desmond Tutu, Lech Walesa, and several others who were not able to attend. The gentleman from New York [Mr. Gilman] attended the press conference and was moved to a standing ovation after the remarks of Elie Wiesel.

    So, people who have been recognized in the international community for their dedication to peace have come together to say that this legislation is necessary. How will history record those who do not support this legislation?

    Member states of the European Union have already agreed to eight common criteria governing their own arms transfers. There is growing support for European Union-wide code of conduct among all of Europe’s governments. Germany, Sweden, The Netherlands, Belgium, and Ireland are all leading this fight. But the boldest steps have been taken by Tony Blair’s Britain. The New Labour Government has declared that centrality of human rights in its weapons sales is central to its decisions.

    So we are not alone, those of us who want the United States to stand on the opposite side of whatever dictator is there with ready cash for our guns and bullets. History teaches us that those weapons do not end up in a remote depot, they end up either intimidating or `in’ people who want a better way of life and who dare to say so; who want freedom of expression and who dare to act; who want to live in a democracy as we do in this country and who dare to confront tyranny.

    We are not alone at home either, even in this administration. The recently-confirmed CIA director, George Tenet, on May 6, 1997, at a session of the Senate Select Committee on Intelligence, said the following:

    `But the proliferation issue–and particularly the proliferation of ballistic missiles–and conventional weapons–we often ignore what the proliferation of conventional weapons means for U.S. forces–this issue is probably the greatest threat to U.S. forces and our men and women who deploy overseas than any other’ issue.

    The CHAIRMAN. The time of the gentlewoman from Georgia [Ms.McKinney] has expired.

    (By unanimous consent, Ms. McKinney was allowed to proceed for 30 additional seconds.)

    [Page: H3620] Ms. McKINNEY. Mr. Chairman, I cannot say it any better than our CIA director. The issue before the Congress today is a national security issue and a moral issue. Seldom are we given such a stark opportunity to be on the right side of both issues. The Arms Trade Code of Conduct is just such an opportunity.

    I ask my colleagues to vote for this amendment and let us be known by the values we espouse and not the weapons of oppression that we supply.

    Mr. Chairman, U.S. weapons are currently being used in 39 of the world’s current 42 ethnic and territorial conflicts.

    In the past 4 years, 85 percent of U.S. arms sales to the Third World have gone to undemocratic governments. The United States is responsible for 44 percent of all weapons deliveries in the world. The United States is unqualifiedly the arms dealer to the world, and the merchant for death to the world’s dictators.

    Language requiring Congress to approve an arms sale to a dictator before it’s been made has been modified to give the President an automatic waiver for national security purposes which Congress could block after extensive debate.

    A total of 453 American soldiers have been killed by armies strengthened by our own weapons and military training: Iraq, Saddam Hussein; Panama, Manuel Noriega; Somalia, Siad Barre, and Haiti, the Duvalier family.

    In fiscal year 1994 $7 billion of taxpayer money went to subsidize U.S. arms exports. In fiscal year 1995, that figure jumped to $7.6 billion. After agricultural price supports, this represents the largest subsidy program for business in the entire Federal budget–Welfare for Weapons dealers.

    Our Government employs nearly 6,500 full time personnel to promote and service foreign arms sales by U.S. companies.

    U.S. subsidies for arms transfers are scheduled to increase. The international market for U.S. arms is estimated to be around $12 to $16 billion per year. Therefore, our foreign customers aren’t even paying for the weapons that they get. And more than half of U.S. weapons sales will be paid for by the U.S. taxpayers.

    In 1995, subsidies for arms exports accounted for over 50 percent of U.S. bilateral aid and more than 39 percent of total U.S. foreign aid. the emphasis on promoting weapons exports has come at the expense of programs designed to promote economic development and social welfare in these recipient nations. I’d much rather see us exporting tractors and seeds to dictators than guns and bullets.

    The American arms trade policy is killing our citizens, destroying worldwide democracy, and sending us spiraling down a path of economic ruin.

    President Dwight D. Eisenhower said, `There can be no peace without law. And there can be no law if we were to invoke one code of international conduct for those who oppose us and another for our friends.’ We must help to stop the arms trade boomerang. Over 300 organizations support the No Arms to Dictators Code of Conduct. Among these organizations are: Vietnam Veterans Of America Foundation, Young Women’s Christian Association–the YMCA–of America, and Bread of the World, and organizations of the Presbyterian, Lutheran, and Roman Catholic churches.

    I would like to thank the hundreds of volunteers who have put thousands of hours into making the U.S. Code of Conduct our law.

    Each of us must be concerned about what happens when we sell weapons to dictators.

    I urge my colleagues to support the Arms Trade Code of Conduct.

    Mr. SMITH of New Jersey. Mr. Chairman, I rise in support of the amendment, the Arms Transfer Code of Conduct, and it will be the first major reform of U.S. arms transfer policy in almost two decades.

    The code of conduct highlights guiding principles on human rights and democracy, which I believe are important to America’s leadership role in the post-cold war era. This amendment would help stem the flow of U.S. weapons to countries that brutalize their own people.

    The code of conduct would make it clear that in the 21st century the United States of America intends not just to be a military and economic superpower but a moral superpower as well. It signals an end to business as usual for human rights violators.

    Mr. Chairman, two-thirds of all of our foreign military sales go to countries described by the State Department Country Reports on Human Rights Practices as human rights violators with undemocratic governments.

    Mr. Chairman, a few years ago I made a trip to Croatia when it was under siege. The gentleman from Virginia, [Mr. Wolf], and I visited a city that was literally surrounded by tanks and by military, a place called Vukovar. Vukovar was finally leveled, but while we were there we saw the bomb casings and we saw the 500-pound bombs that were dropped. And I will never forget taking pictures of these bomb casings that had U.S. markings all over them.

    I will never forget also talking to President Milosevic and trying to ask him to stop that carnage that was going on in Croatia. Later on it was rolled out to Bosnia. Much of their military capability came from the United States and then was used in a slaughterhouse fashion against people who were unarmed, women and children and men who were civilians.

    Mr. Chairman, the code of conduct is not a threat to U.S. national security. It contains a provision for an emergency waiver that would allow the President to transfer arms to a country that does not meet the code’s criteria if U.S. national security really did require such a transfer, and it provides for an orderly process for Congress to consider other exceptions of nonemergency nature.

    Mr. Chairman, year after year in human rights hearings in the Subcommittee on International Operations and Human Rights, which I now chair, we hear there is a disconnect in U.S. foreign policy between human rights and other considerations. Amnesty International put it best when it said about this administration’s human rights policy, that `Human rights is an island off the mainland of U.S. foreign policy.’ This amendment is a step toward closing the circle, connecting things that ought to be connected.

    We must tell the world that freedom and democracy do matter. A good way to begin is by telling the world that the United States will not put deadly weapons into the hands of the enemies of freedom and democracy.

    Mr. Chairman, I want to congratulate the gentlewoman from Georgia, [Ms. McKinney], and the gentleman from California, [Mr.Rohrabacher], for their good work in crafting this amendment, and again I rise in very strong support of it.

  • Article 26

    In considering the need to reform and strengthen the United Nations to better meet its obligations to provide for international peace and security, special attention should be given to Article 26 of the U.N. Charter. There are probably very few people in the world today familiar with this article. Consequently, the Security Council has been able to ignore one of its most important responsibilities for more than 50 years.

    Article 26 states:

    In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the members of the United Nations for the establishment of a system for the regulation of armaments.

    The language of Article 26 is simple and straight forward. It is not possible to mistake the intent of its directive. The Security Council is given the responsibility for “formulating…a system for the regulation of armaments.”

    The United Nations Charter was signed 50 years ago. In the intervening period of time, the Security Council has failed to carry out this responsibility to the members of the United Nations and through them to the people of the world. In 50 years the Security Council has done exactly nothing to fulfill its Article 26 obligation.

    Under Article 26, the regulation of armaments is not optional for the Security Council. The Article says unambiguously that the Security Council “shall” formulate such a plan. The members of the Security Council have thus breached a solemn duty to the people of the world. Since the non-permanent members of the Security Council rotate at two year intervals, they cannot be held primarily responsible for failing to meet this obligation. It is the five permanent members of the Council — the United States, Russia, Britain, France, and China — that have been in violation of their Article 26 obligation for 50 years.

    The reason that the permanent members of the Security Council have been remiss in fulfilling their obligation under Article 26 is not difficult to identify. After all, these states have been the greatest developers, producers, promoters, and sellers of arms. They have profited enormously by the sale of arms throughout the world, and they continue to do so. To fulfill their Article 26 obligation by formulating plans for the regulation of armaments would disadvantage them economically. Their behavior provides clear evidence that they would prefer to promote rather than regulate armaments.

    The Military Staff Committee referred to in Article 26 is described in Article 47 as being composed of “the Chiefs of Staff of the permanent members of the Security Council or their representatives.” The purpose of the Military Staff Committee is “to advise and assist the Security Council on all questions relating to the Security Council’s military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulations of armaments, and possible disarmament.”

    The Military Staff Committee is also in breach of its obligation to “advise and assist” the Security Council in carrying out its Article 26 responsibility for formulating plans for the regulation of armaments. Since the Military Staff Committee is composed of representatives of the military forces of the five permanent members of the Security Council, their breach of duty is a further violation of the duty of the five permanent members.

    The United Nations Charter lists as its first purpose to “maintain international peace and security,” and it gives the primary responsibility for carrying out this purpose to the Security Council. When the Security Council fails in meeting its responsibilities, including its responsibility under Article 26, it is the people of the world who suffer. The Councils failure to formulate plans for the regulation of arms under Article 26 has left the world awash in dangerous arms that take their toll daily against opposing military forces as well as innocent civilians and the environment.

    When a nation signs the United Nations Charter it enters into a solemn treaty obligation. In essence, it makes a contract by which it agrees to be bound. While the five permanent members of the Security Council do have special privileges under the Charter, they do not have the privilege of violating the Charter with impunity. When they ignore the provisions of the Charter, as they have done by failing to meet their obligations under Article 26, they are in violation of international law. In simple terms, they have broken the law. Each day that passes without the formulation of plans by the Security Council for the regulation of armaments is an additional day of illegality for the permanent members.

    For 50 years the permanent members of the Security Council have flaunted their illegality with respect to Article 26. They continue to develop, manufacture, promote, and sell armaments of all levels of sophistication throughout the world. They daily demonstrate by their actions and omissions their lack of respect for the law and for their solemn obligations. Day in and day out they place economic benefit and military power ahead of their legal obligations.

    Article 26 stands in silent testimony to the lawlessness of the five permanent members of the Security Council. Article 26 reminds those of us who know of its existence of the disgraceful behavior of the most powerful nations on Earth in failing to meet their legal obligations under the Charter and, in doing so, setting themselves above the law.

    Under the United States Constitution, treaty law is the law of the land. When the United States government signs and ratifies a treaty, it becomes bound by its provisions, and the obligations become part of the United States law. Thus, in its continuing failure to meet its obligations under Article 26, the United States government is in violation not only of the United Nations Charter but U.S. law as well. The buck stops with the president of the United States and the chairman of the Joint Chiefs of Staff. By their failure to even attempt to formulate a plan with the other members of the Security Council, they demonstrate daily contempt for the law, both international and domestic.

    For those who attack the United Nations for its short-comings, of which there are all too many, Article 26 should be a powerful reminder that the United Nations can succeed only if the nations that are its members live up to their legal duties under the Charter. When nations fail to do so and threaten international peace and security, it is the Security Council, with the advice and assistance of the Military Staff Committee, that is charged with preserving the peace.When the Security Council fails to fulfill its obligation to regulate armaments, it is called upon to remedy the consequences of its inaction.

    When the permanent members of the Security Council fail to meet their obligations to the United Nations, it is the General Assembly that must call them to account. If the General Assembly fails to act, it is the people of the world who must step forward and demand that the permanent members of the Security Council fulfill their obligations. A particular responsibility rests with the people of the nations that have permanent seats on the Security Council to call their governments to account and demand that they fulfill their legal obligations to formulate a system for the regulation of armaments under Article 26.

    Four of the five permanent members of the Security council make claim to being democracies, and in these societies ultimate responsibility for government logically rests with the citizenry. Citizens in these states must be educated about Article 26 and must pressure their governments to act legally and responsibily to develop a plan for the worldwide regulation of armaments as called for in Article 26.

    At the same time, other states must also demand that the Security Council fulfill its obligation under Article 26. The failure to regulate armaments has resultedin the escalation of death and destruction in warfare and made the world far more dangerous and deadly.

    It is past time for the Security Council to act decisively on Article 26.

  • Nuremberg and Nuclear Weapons

    The principal message of the Nuremberg trials is that individuals are responsible for what they do, and will be held accountable for committing serious crimes under international law. At Nuremberg, these serious crimes included crimes against peace (that is, planning, preparing for, or participating in acts of aggressive warfare), war crimes, and crimes against humanity.

    One of the great ironies of history or perhaps it is not such a great irony is that the Charter establishing the International Military Tribunal at Nuremberg was signed on August 8, 1945. That was just three months after the German surrender. More importantly, it was just two days after the first nuclear weapon was used in warfare on the city of Hiroshima, and one day prior to a nuclear weapon being used on the city of Nagasaki. The nuclear weapon used on Hiroshima, with an equivalent force of some 15 kilotons of TNT, killed some 90,000 people immediately and some 140,000 by the end of 1945. The bomb dropped on Nagasaki, with an equivalent force of some 20 kilotons of TNT, killed some 40,000 people immediately and some 70,000 by the end of 1945.

    It has been pointed out that the number of people who died immediately from the use of each of these nuclear weapons was less than the number of people who died in Tokyo on the night of March 9-10, 1945 as a result of U.S. bombing raids. This number is estimated at approximately 100,000. The major difference between the Tokyo bombings and those of Hiroshima and Nagasaki is that the former took nearly a thousand sorties to accomplish, while the destruction of the latter two cities took only one bomb each.

    I think it is reasonable to speculate that if the Germans had had two or three atomic bombs, as we did at that time, and had used them on European cities prior to being defeated in the Second World War, we would have attempted to hold accountable those who created, authorized, and carried out these bombings. We would likely have considered the use of these weapons on cities by the Nazi leaders as among the most serious of their crimes.

    The irony of history, of course, is that the Germans did not develop nor use atomic weapons, and thus this issue never came before the International Military Tribunal at Nuremberg, or before any other international tribunal. The record of the past 50 years reflects the consequences of this lack of accountability, namely, the nuclear arms race pursued by the United States and the former Soviet Union, which lasted until the end of the Cold War in approximately 1990.

    The question which I want to address is not whether war crimes were committed at Hiroshima and Nagasaki. Under the rules of international humanitarian law they were, and they were also committed by the bombings of London, Coventry, Hamburg, Dresden and Tokyo. The primary targets of all these bombings were civilians, and the indiscriminate killing of civilians has always in modern times been understood to be a clear violation of the laws of war.

    Nuclear Weapons and International Law

    The more relevant question has to do with where we stand today. Not long ago, on July 8, 1996, the International Court of Justice in the Hague issued an opinion on the legality of the threat or use of nuclear weapons. Actually, two questions were placed before the Court for advisory opinions. The first question, posed by the World Health Organization in May 1993, asked: “In view of the health and environmental effects, would the use of nuclear weapons by a state in war or other armed conflict be a breach of its obligations under international law?”

    The second question, put to the Court by the General Assembly of the United Nations in December 1994, asked: “Is the threat or the use of nuclear weapons in any circumstances permitted under international law?”

    The International Court of Justice found that the question asked by the World Health Organization, as a legal question, fell outside the scope of activities of the organization, and thus declined to accept jurisdiction. On the question posed by the United Nations General Assembly, however, the Court did find jurisdiction, and issued an advisory opinion.

    In a multi-part answer to the question, the Court found the following: “…that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law.

    “However, in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively whether the threat or use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defence, in which the very survival of a State would be at stake.”

    In reaching this opinion, the Court dramatically reduced the possible circumstances in which nuclear weapons could be threatened or used in conformity with international law. The Court left open only the slim possibility of legality under “an extreme circumstance of self-defense, in which the very survival of a State would be at stake.” Even in this circumstance, the Court did not say that such use would be legal; it said only that it could not determine legality under these conditions. Judge Bedjaoui, the president of the Court, said in his declaration upon releasing the Court’s opinion, “I cannot insist strongly enough on the fact that the inability of the Court to go beyond the statement it made can in no way be interpreted as a partially-opened door through which it recognizes the legality of the threat or use of nuclear weapons.”

    Judge Bedjaoui went further to describe nuclear weapons as “blind weapons” that “destabilize, by their very nature, humanitarian law, the law of distinguishing in the use of weapons.” He continued, “Nuclear weapons, absolute evil, destabilize humanitarian law in so far as the law of the lesser evil. Thus, the very existence of nuclear weapons constitutes a great defiance (challenge) to humanitarian law itself…. Nuclear war and humanitarian law seem, consequently, two antithesis which radically exclude each other, the existence of one necessarily supposing the non-existence of the other.”

    Where does this leave us today? Although the opinion of the Court is an advisory opinion, it is the most authoritative statement of international law on this question, and must be taken seriously. Thus far, however, there have been no statements made by any of the declared or undeclared nuclear weapons states indicating that they plan any changes in their nuclear policies as a result of the Court’s opinion.

    Individual Accountability

    We know what the Principles of Nuremberg tell us about individual accountability. The primary principle is that “Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” The fact that there is no penalty for the act under internal law does not relieve the person who committed the act from responsibility under international law. Nor does the fact that the person acted as a Head of State or as a responsible government official relieve that person of responsibility. Nor does the fact that the person acted pursuant to superior orders, so long as a choice was in fact possible to him, relieve him of responsibility.

    It was the United States, along with the U.K., France, and Russia, that created the Nuremberg Principles after the Second World War by holding Nazi and other Axis leaders accountable for their crimes under international law. I submit that if we want to create a world community that lives under international law in the 21st Century, we must apply the Nuremberg Principles to one and all, equally and without prejudice. That means we must apply these Principles to ourselves as well as to others. If the threat or use of nuclear weapons is, in fact, illegal under international law in virtually every conceivable circumstance, then we must act accordingly and neither use nor threaten the use of these weapons. Instead, we must dismantle our nuclear arsenal subject to agreement with other nuclear weapons states. In the meantime, we must explain to all military personnel with responsibilities for nuclear weapons the criminality under international law attendant to the threat or use of these weapons.

    Military organizations must operate under the law, and that clearly includes the international law of armed conflict. If military organizations do not operate under the law, then are they any better than state-organized thugs? It was for violating the laws of war at My Lai that Lt. Calley was tried and convicted. Lt. Calley’s crimes, terrible though they were, would pale in comparison to the crime of again using nuclear weapons on cities filled with innocent people.

    The International Court of Justice added to their opinion a clarification of Article VI of the Non-Proliferation Treaty. The Court unanimously found that: “There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.”

    The Court has clearly indicated that the nuclear weapons states have an obligation to negotiate in good faith not only for nuclear disarmament, but for nuclear disarmament “in all its aspects” and to bring these negotiations to a conclusion. In the aftermath of the Cold War, we have been moving far too slowly to attain this goal. It is a necessary goal so that no other city will ever again have to face the consequences of what happened at Hiroshima and Nagasaki, and the future of humanity will not be jeopardized.

    The Need for a Permanent International Criminal Court

    Even if the threat or use of nuclear weapons is unlawful under international law, however, there currently exists no tribunal where persons committing such acts can be brought to account. One of the great shortcomings of the current international institutional structure is the lack of a permanent International Criminal Court. Two Ad Hoc Tribunals have been created by the United Nations Security Council one for the former Yugoslavia and one for Rwanda. The jurisdiction of both of these tribunals, however, is limited by time and space. It is perhaps ironic that while the effects of nuclear weapons are unlimited by either time or space, the jurisdiction of our international criminal tribunals is so limited.

    Were nuclear weapons to be used by accident or design, the consequences would be horrible beyond our deepest fears. Nazis and other war criminals were convicted and punished in part for bringing human beings to the incinerators of the Holocaust. Nuclear weapons may be conceived of as portable incinerators portable crematoria, if you will that bring incinerators to the people. In my view, the silence of the American, Russian, British, French, and Chinese people in the face of these potentially genocidal or omnicidal weapons is as disquieting as the silence of the Germans in the face of Nazi atrocities. Yet none of the people in countries possessing nuclear weapons today are facing the same fearful authoritarian rule that the Nazis imposed upon the Germans during World War II.

    For many, perhaps most, people in nuclear weapons states today, nuclear weapons are not perceived as a critical issue. They are largely ignored. However, if they were to be used again, I think future historians if there were any would be very critical of our lack of commitment to ridding the world of these terrible weapons.

    We have the opportunity, in fact the responsibility under the Nuremberg Principles, to speak out against these genocidal weapons, but for the most part we do not do so. We must break the silence that surrounds our reliance upon these weapons of mass destruction. A hopeful sign recently occurred at the State of the World Forum in San Francisco when General Lee Butler, a former commander of the U.S. Strategic Command, broke his personal silence and made a ringing plea to abolish nuclear weapons. “We can do better,” he said, “than condone a world in which nuclear weapons are enshrined as the ultimate arbiter of conflict. The price already paid is too dear, the risks run too great. The nuclear beast must be chained, its soul expunged, its lair laid waste. The task is daunting but we cannot shrink from it. The opportunity may not come again.”

    It is within our grasp to end the nuclear weapons era, and begin the 21st Century with a reaffirmation of the Nuremberg Principles.

    Steps That Need To Be Taken

    1. The following confidence building measures proposed by the Canberra Commission on the Elimination of Nuclear Weapons:

    • Taking nuclear forces off alert;
    • Removal of warheads from delivery vehicles;
    • Ending deployment of non-strategic nuclear weapons;
    • Initiating negotiations to further reduce United States and Russian nuclear arsenals; and
    • Agreement amongst the nuclear weapons states of reciprocal no-first-use undertakings, and of a non-use undertaking by them in relation to the non-nuclear weapons states.

    2. International agreement by the year 2000 on a Nuclear Weapons Convention that, under strict international control, would eliminate all nuclear weapons within a reasonable period of time and prohibit their possession.

    3. The establishment by treaty of a permanent International Criminal Court to hold all individuals, regardless of their rank or nationality, accountable for acts constituting crimes under international law. Considerable progress has been made in preparing such a treaty at the United Nations. It may be hoped that this treaty will be ready to be opened for signatures in 1998, and certainly by 1999 when a third International Peace Conference is convened in the Hague.

  • On the Abolition 2000 Statement

    Introduction

    The Non-Proliferation Treaty (NPT) Review and Extension Conference in April and May 1995 provided an opportunity for the nuclear weapons states to commit themselves to eliminate their nuclear arsenals. These states, however, were unwilling to make this commitment, and were intent only on the indefinite extension of the NPT.

    Many citizen action groups gathered at the Conference viewed the position of the nuclear weapons states on indefinite extension as the equivalent of an indefinite extension of the status quo, one that provided special nuclear status to the five declared nuclear weapons states (U.S., U.K., France, Russia and China). These citizen action groups from throughout the world formed themselves into an Abolition Caucus. From this Caucus came the Abolition 2000 Statement calling for “definite and unconditional abolition of nuclear weapons.”

    This Statement became the founding document of the Abolition 2000 Network. This Network has now grown to over 600 citizen action groups on six continents. These groups are actively working in ten working groups to accomplish the 11-point program. The Statement is set forth below.

    Abolition 2000 Statement

    A secure and livable world for our children and grandchildren and all future generations requires that we achieve a world free of nuclear weapons and redress the environmental degradation and human suffering that is the legacy of fifty years of nuclear weapons testing and production.

    Further, the inextricable link between the “peaceful” and warlike uses of nuclear technologies and the threat to future generations inherent in creation and use of long-lived radioactive materials must be recognized. We must move toward reliance on clean, safe, renewable forms of energy production that do not provide the materials for weapons of mass destruction and do not poison the environment for thousands of centuries. The true “inalienable” right is not to nuclear energy, but to life, liberty and security of person in a world free of nuclear weapons.

    We recognize that a nuclear weapons free world must be achieved carefully and in a step by step manner. We are convinced of its technological feasibility. Lack of political will, especially on the part of the nuclear weapons states, is the only true barrier. As chemical and biological weapons are prohibited, so must nuclear weapons be prohibited.

    We call upon all states particularly the nuclear weapons states, declared and de facto to take the following steps to achieve nuclear weapons abolition. We further urge the states parties to the NPT to demand binding commitments by the declared nuclear weapons states to implement these measures:

    1) Initiate immediately and conclude by the year 2000 negotiations on a Nuclear Weapons Abolition Convention that requires the phased elimination of all nuclear weapons within a timebound framework, with provisions for effective verification and enforcement.*

    2) Immediately make an unconditional pledge not to use or threaten to use nuclear weapons.

    3) Rapidly complete a truly comprehensive test ban treaty with a zero threshold and with the stated purpose of precluding nuclear weapons development by all states.

    4) Cease to produce and deploy new and additional nuclear weapons systems, and commence to withdraw and disable deployed nuclear weapons systems.

    5) Prohibit the military and commercial production and reprocessing of all weapons-usable radioactive materials.

    6) Subject all weapons-usable radioactive materials and nuclear facilities in all states to international accounting, monitoring, and safeguards, and establish a public international registry of all weapons-usable radioactive materials.

    7) Prohibit nuclear weapons research, design, development, and testing through laboratory experiments including but not limited to non-nuclear hydrodynamic explosions and computer simulations, subject all nuclear weapons laboratories to international monitoring, and close all nuclear test sites.

    8) Create additional nuclear weapons free zones such as those established by the treaties of Tlatelolco and Raratonga.

    9) Recognize and declare the illegality of threat or use of nuclear weapons, publicly and before the World Court.

    10) Establish an international energy agency to promote and support the development of sustainable and environmentally safe energy sources.

    11) Create mechanisms to ensure the participation of citizens and NGOs in planning and monitoring the process of nuclear weapons abolition.

    A world free of nuclear weapons is a shared aspiration of humanity. This goal cannot be achieved in a non-proliferation regime that authorizes the possession of nuclear weapons by a small group of states. Our common security requires the complete elimination of nuclear weapons. Our objective is definite and unconditional abolition of nuclear weapons.

    * The Convention should mandate irreversible disarmament measures, including but not limited to the following: withdraw and disable all deployed nuclear weapons systems; disable and dismantle warheads; place warheads and weapon-usable radioactive materials under international safeguards; destroy ballistic missiles and other delivery systems. The Convention could also incorporate the measures listed above which should be implemented independently without delay. When fully implemented, the Convention would replace the NPT.

    Analysis

    The Abolition 2000 Statement was a major achievement of the citizen action groups supporting the elimination of nuclear weapons at the Non-Proliferation Treaty Review and Extension Conference. It has provided a point of focus and agreement for these citizens groups from throughout the world.

    The 11-point program to be implemented by the nuclear weapons states is discussed below.

    1. Initiate immediately and conclude by the year 2000 negotiations on a Nuclear Weapons Abolition Convention that requires the phased elimination of all nuclear weapons within a timebound framework, with provisions for verification and enforcement.

    Entering into a Nuclear Weapons Convention by the year 2000 is the key point in the Statement. This doesn’t mean that all nuclear weapons will be eliminated by the year 2000. It means that the commitment to their total elimination will be made in the form of a treaty, similar to the treaties that have outlawed biological weapons (Biological Weapons Convention, 1972) and chemical weapons (Chemical Weapons Convention, 1995) by the year 2000. The opportunity should not be missed to begin the new millennium with a commitment to a nuclear weapons free world. The year 2000 is a turning point for humanity, a point by which we should leave behind us forever the threat of nuclear annihilation.

    In a footnote to the Abolition 2000 Statement, some direction for the proposed Convention is provided: “The Convention should mandate irreversible disarmament measures, including but not limited to the following: withdraw and disable all deployed nuclear weapons systems; disable and dismantle warheads; place warheads and weapon-usable radioactive materials under international safeguards; destroy ballistic missiles and other delivery systems. The Convention could also incorporate the measures listed above [that is, points 2 through 11 of the Statement] which should be implemented independently without delay. When fully implemented, the Convention would replace the NPT.”

    Joseph Rotblat, the 1995 Nobel Peace Laureate, has been calling for a Nuclear Weapons Convention, similar in form to the Chemical Weapons Convention, for many years. In his Nobel Lecture, he argued, “Entering into negotiations does not commit the parties. There is no reason why they should not begin now. If not now, when?”1

    The nuclear weapons states did not begin negotiations toward a treaty to eliminate nuclear weapons in 1995. Instead, they succeeded in having the Non-Proliferation Treaty extended indefinitely with very few conditions. It is not too late, however, to complete negotiations for a new treaty by the year 2000. We must encourage them to begin; we must demand that they begin. As Professor Rotblat states with simple eloquence: “If not now, when?”

    Professor Rotblat continued his Nobel Lecture with an appeal to the nuclear weapons states: “So I appeal to the nuclear powers to abandon the out-of-date thinking of the Cold War and take a fresh look. Above all, I appeal to them to bear in mind the long-term threat that nuclear weapons pose to humankind and to begin action towards their elimination. Remember your duty to humanity.”2

    2. Immediately make an unconditional pledge not to use or threaten to use nuclear weapons.

    It has been argued by distinguished military leaders and security analysts that nuclear weapons have no other purpose than to deter a nuclear attack.3 If nuclear weapons states accept this position, then it should not be difficult for them to make a pledge not to be first to use nuclear weapons. If all states agreed not to use nuclear weapons first, this would be equivalent to a pledge not to use these weapons. Yet, at present, only China has made an unconditional pledge not to use nuclear weapons first.

    A similar point was also made by Professor Rotblat in his Nobel Lecture. “Several studies, and a number of public statements by senior military and political personalities, testify that except for disputes between the present nuclear states all military conflicts, as well as threats to peace, can be dealt with using conventional weapons. This means that the only function of nuclear weapons, while they exist, is to deter a nuclear attack. All nuclear weapons states should now recognize that this is so, and declare in Treaty form that they will never be the first to use nuclear weapons. This would open the way to the gradual, mutual reduction of nuclear arsenals, down to zero.”4

    The Abolition 2000 Statement calls for nuclear weapons states to go beyond a no first use pledge, and make an unconditional pledge not to use or threaten to use nuclear weapons. However, even if nuclear weapons states would agree to an unconditional “no first use” pledge, that would be an important step forward.

    3. Rapidly complete a truly comprehensive test ban treaty with a zero threshold and with the stated purpose of precluding nuclear weapons development by all states.

    The nuclear weapons states promised a Comprehensive Test Ban Treaty (CTBT) in the 1963 Partial Test Ban Treaty. This promise was made again in the non-binding agreement that supplemented the decision to extend the NPT indefinitely in 1995. This agreement committed the nuclear weapons states to completing a Comprehensive Test Ban Treaty by 1996. On September 10, 1995 the CTBT was adopted by the United Nations General Assembly, and was opened for signatures on September 24, 1956. It has been signed by over a hundred countries including the five declared nuclear weapons states. India, however, has said that it will not sign the Treaty until the nuclear weapons states commit themselves to eliminate their nuclear arsenals, and India’s ratification of the Treaty is required for the Treaty to enter into force.

    The Treaty agreed upon will still allow for laboratory and sub-critical tests. Thus, it cannot be expected to be fully successful in “precluding nuclear weapons development by all states.” To do this, the Treaty would have had to go beyond prohibiting underground nuclear weapons tests, and have prohibited testing in all environments, including the nuclear weapons laboratories.

    4. Cease to produce and deploy new and additional nuclear weapons systems, and commence to withdraw and disable deployed nuclear weapons systems.

    In the Non-Proliferation Treaty the nuclear weapons states promised to pursue good faith negotiations for a cessation of the nuclear arms race at an early date. Clearly, to produce and deploy new and additional nuclear weapons systems at this point would be in violation of that promise. It would also be unnecessary and provocative. The nuclear weapons states have already begun the process of withdrawing and disabling nuclear weapons systems. Missiles have been removed from their silos, and destroyed with much fanfare. This process needs to continue, and should not be undermined by the deployment of any new or additional nuclear weapons systems.

    5. Prohibit the military and commercial production and reprocessing of all weapons-usable radioactive materials.

    Far too much weapons-usable nuclear material already exists in the world. It takes only a few pounds of plutonium to produce a nuclear weapon, and perhaps 20 pounds of highly enriched uranium. While the required amounts of weapons-grade plutonium or highly enriched uranium needed to make nuclear weapons can be measured in pounds, the stockpiles of these materials can now be measured in metric tonnes.

    As of 1990, globally there was some 250 metric tonnes of plutonium in the military sector, of which 178 tonnes was in nuclear warheads. There was some 1300 metric tonnes of highly enriched uranium in the military sector, including 810 tonnes in warheads. In the civilian sector, there was over 600 metric tonnes of plutonium and 20 tonnes of highly enriched uranium. Of the civilian sector plutonium, 532 tonnes was in spent reactor fuel, and thus not readily converted to weapons use without reprocessing.5

    A study by the International Physicians for the Prevention of Nuclear War pointed out that “Operation of nuclear power plants is rapidly increasing the world’s stocks of civilian plutonium. The cumulative stock of plutonium discharged from reactors worldwide is projected to reach about 1,400 metric tonnes at the end of the year 2000 and about 2,100 metric tonnes at the end of 2010.”6

    If we are to have any hope of ending the nuclear weapons era, we must gain control of all weapons-grade radioactive materials. The first step in doing this is to halt the production and reprocessing of such materials. To be effective, this must be done in both the military and civilian sectors.

    6. Subject all weapons-usable radioactive materials and nuclear facilities in all states to international accounting, monitoring, and safeguards, and establish a public international registry of all weapons-usable radioactive materials.

    To end the nuclear weapons era, all weapons-usable nuclear materials must be accounted for, monitored, and protected against diversion. The study by the International Physicians on this subject stated, “Present arrangements for controlling fissile material are clearly inadequate. They place no limits on any of the fissile material activities of the nuclear-weapons states. They limit the civilian fissile material activities of some small and relatively weak states on a discriminatory, ad hoc basis, while allowing more powerful states to accumulate large amounts of fissile material.”7

    To be effective in controlling weapons-usable fissile materials, all states must be subject to international accounting, monitoring, and safeguards. The most powerful states, including the nuclear weapons states, can no longer reserve for themselves the special “privilege” of keeping their nuclear weapons materials outside the bounds of international inspections and controls.

    7. Prohibit nuclear weapons research, design, development, and testing through laboratory experiments including but not limited to non-nuclear hydrodynamic explosions and computer simulations, subject all nuclear weapons laboratories to international monitoring, and close all nuclear test sites.

    To stop the further development of new nuclear weapons systems will require an end to researching, designing, developing and testing nuclear weapons in every way, including in laboratory experiments. When the French conducted a series of nuclear tests in the South Pacific in 1995 and early 1996, the reason they gave for doing so was to gather information for future laboratory tests. The U.S. has said all along that it is planning to conduct non- nuclear tests and, in fact, is planning to spend many billions of dollars in building new, sophisticated, and expensive equipment for future nuclear testing. The only way to close this loophole is by international agreement and international monitoring of nuclear weapons laboratories and test sites. The test sites themselves should be closed down. The former Soviet test site in Kazahkstan, and the French test site in Polynesia have both been closed. The only remaining test sites are in Novaya Zemlya (Russia), Lop Nor (China) and Nevada (U.S. and Britain).

    8. Create additional nuclear weapons free zones such as those established by the treaties of Tlatelolco and Raratonga.

    Since the Abolition 2000 Statement was adopted in April 1995, nuclear weapons free zones have been established for Southeast Asia and Africa. Following the completion of a series of six French nuclear weapons tests on the Pacific atolls of Moruroa and Fangataufa, the U.S., U.K. and France have all agreed to abide by the South Pacific Nuclear Weapons Free Zone. A treaty signed in December 1995 by Southeast Asian countries declares an area stretching from Myanmar to the west, Philippines in the east, Laos and Vietnam in the north and Indonesia in the south as a nuclear free zone. The Treaty of Pelindaba, signed in Cairo in June 1996, made Africa a nuclear weapons free zone. These zones, covering most of the Earth’s southern hemisphere, prohibit the development, manufacturing, acquisition, possession, testing, use or threat of use of nuclear weapons within the designated areas. What they have not prohibited is transit of nuclear weapons by submarines and surface ships through international waters in their regions.8

    9. Recognize and declare the illegality of threat or use of nuclear weapons, publicly and before the World Court.

    On July 8, 1996, the International Court of Justice in the Hague rendered its opinion on the illegality of nuclear weapons.9 The Court concluded that “the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles of humanitarian law.” It also declared that “there exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.”

    The Court found, however, that in “view of the current state of international law, and of the elements of fact at its disposal,” that it was unable to reach a definitive conclusion with regard to “an extreme circumstance of self-defense, in which the very survival of a state would be at stake.” Thus, the Court left open only the slimmest possibility of an exception to the general illegality of threat or use of nuclear weapons.

    Based on the Court’s decision, Commander Robert Green, a retired Officer of the British Royal Navy and a member of the World Court Project that promoted the World Court decision, said, “With this remarkable decision, I could never have used a nuclear weapon legally. This places a duty on the military to review their whole attitude toward nuclear weapons, which are now effectively in the same category as chemical and biological weapons.”

    10. Establish an International Energy Agency to promote and support the development of sustainable and environmentally safe energy sources.

    One of the important missing agencies in the international system is an International Sustainable Energy Agency that promotes and supports development of sustainable and environmentally safe forms of energy. The sun provides a virtually inexhaustible source of energy. Further development of the technology to harness the sun’s energy in a cost-effective manner must become a major international priority as well as technologies to develop wind, tidal, and biomass resources. An International Sustainable Energy Agency could oversee these efforts.

    If such an Agency succeeds in its mission, it will not be necessary for states to rely upon the continued use of energy from nuclear reactors, thereby eliminating a major source of the radioactive materials that endanger human and other life forms and that could be reprocessed for use in the creation of nuclear weapons.

    11. Create mechanisms to ensure the participation of citizens and NGOs in planning and monitoring the process of nuclear weapons abolition.

    Citizens and non-governmental organizations have a role to play in planning and monitoring the process of eliminating nuclear weapons. This is not a job for governments alone. Citizens and citizen action groups have been active and creative in calling for the elimination of nuclear weapons. There will undoubtedly be ways in which individual citizens and groups of citizens can play a role in advancing the cause of a nuclear weapons free world.

    The President of the NPT Review and Extension Conference, Ambassador Jayantha Dhanapala of Sri Lanka, praised the work of NGOs in that Conference and called for a more active role by these groups in the three preparatory meetings leading up to the next NPT Review Conference in the year 2000.

    Citizen groups from all over the world could begin now to inventory all nuclear materials in their country or region, thereby educating themselves about local hazards and providing a genuine service to the international community.

    The Nuclear Weapons Convention working group of the Abolition 2000 Network has been meeting to draft a treaty that takes into consideration all of the elements enumerated in the Abolition 2000 Statement.

    Joseph Rotblat has called for an active role for citizens from throughout the world in monitoring compliance with a Nuclear Weapons Convention. In addition to technological verification of compliance, he has called for what he calls “societal verification.” Professor Rotblat has the following to say about “Societal verification”:

    As the name implies, all members of the community would be involved in ensuring that a treaty signed by their own government is not violated. The main type of societal verification is what we call `citizen reporting.’ Underthis, every citizen would have the right and the duty to notify an office of theinternational authority in the country about any attempt to violate the treaty. In order to be effective, this right and duty would have to be written into the national law of the country.

    “We propose that whenever we have an international treaty but particularly relating to nuclear weapons it should contain a specific clause demanding that all the signatory states enact this type of law, and so make it the obligation of the citizens to carry out this task. We believe that this would be particularly effective in the case of nuclear weapons, partly because people instinctively abhor nuclear weapons, and partly because in almost every country there are anti-nuclear campaigns. We are convinced there will be enough people in every country who will make sure that the treaty is not being violated.10

    Conclusion

    The Statement concludes, “A world free of nuclear weapons is a shared aspiration of humanity. This goal cannot be achieved in a non-proliferation regime that authorizes the possession of nuclear weapons by a small group of states. Our common security requires the complete elimination of nuclear weapons. Our objective is definite and unconditional abolition of nuclear weapons.”

    This conclusion juxtaposed the demand of the nuclear weapons states for an indefinite and unconditional extension of the Non-Proliferation Treaty with the need for a definite and unconditional commitment to a world free of nuclear weapons. The nuclear weapons states prevailed at the NPT Review and Extension Conference in getting an indefinite extension of the Treaty. Whether the initiators of the Abolition 2000 Statement will prevail in attaining the “definite and unconditional abolition of nuclear weapons” will depend upon how many committed individuals throughout the world will work together to achieve this goal.

    The Abolition 2000 Statement provides a guideline for actions to be taken to achieve the elimination of nuclear weapons. The primary responsibility for taking these actions lies with the nuclear weapons states, but the responsibility for assuring that the nuclear weapons states take these actions lies with citizens. Each of us has a role to play.

    __________________

    Notes

    1. Rotblat, Joseph, “The Nobel Lecture Given by the Nobel Peace Laureate 1995 Joseph Rotblat,” The Nobel Foundation, Stockholm, 1995.

    2. Ibid.

    3. See, for example, “A Four-Step Program to Nuclear Disarmament” by the Henry L. Stimson Center, Bulletin of the Atomic Scientists, Vol. 52, No. 2, March/April 1996, pp. 52-55.

    The report states: “The only necessary function for nuclear weapons is to deter nuclear threats to the population and territory of the United States, to U.S. forces abroad, and to certain friendly states.”

    Members of the Stimson Center project include General Andrew J. Goodpaster, General William F. Burns, General Charles A. Horner, and General W. Y. Smith.

    4. Rotblat, Op. cit.

    5. Albright, David, Frans Berkhout, and William Walker, World Inventory of Plutonium and Highly Enriched Uranium 1992, New York: Oxford University Press, 1993, p. 197.

    6. Thompson, Gordon, “Opportunities for International Control of Weapons-Usable fissile Material,” International Physicians for the Prevention of Nuclear War, ENWE Paper #1, January 1994, p. 7.

    7. Thompson, op. cit. p. 10.

    8. See, Krieger, David, “Denuclearization of the Oceans: Linking Our Common Heritage with Our Common Future,” Global Security Study, No. 21, Nuclear Age Peace Foundation, March, 1996.

    9. Advisory Opinion of the International Court of Justice, “Legality of the Threat or Use of Nuclear Weapons,” July 8, 1996.

    10. Rotblat, Joseph, “The Feasibility of a Nuclear-Weapon-Free World,” Global Security Study, No. 16, Nuclear Age Peace Foundation, August 1993.

  • Fifth Step: Make the U.N. Effective for the 21st Century

    planethood

     

     

     

     

    The following is an excerpt from Planethood, by Benjamin B. Ferencz and Ken Keyes, Jr.

    Since the end of World War II, our failure to create an effective world system to govern the planet has resulted in millions killed, many more injured, businesses disrupted, lives twisted through fear and hatred, property destroyed, environmental pollution and degeneration accelerated, and money wasted on killing machines (this term includes both people and guns). The insanity of nuclear killing machines is making us realize that World War III (with possibly 5 million fatalities) may bring about the end of all people on this planet. It is the plea of PlanetHood that we end the arms race—not the human race.

    The First Four Steps

    Let’s briefly review the steps we’ve covered so far. Step One requires us to assert our ultimate human right to live with dignity in a healthy environment free from the threat of war. Step Two asks us to understand the new top layer of government we need in order to nail down this ultimate human right for you and your family for all time – no more international anarchy. We need to complete the governmental structure of the world with a limiting constitution setting up a lawmaking body (representing the people of the world), a world court (staffed with the wisest judges chosen from among the nations of the world), and an effective system of sanctions and peacekeeping forces to enforce the agreed standards of national behavior. This final layer of government would globally ensure our basic human rights, protect the sovereignty of nations, settle disputes legally, and protect the environment.

    By taking Step Three we realize what it means to become a Planethood Patriot. We are urged to step into George Washington’s footsteps in creating and supporting a new constitution to govern the nations of the world. The Federal Republic of the World must be strong enough to avoid ineffectiveness, and have checks and balances to limit power and avoid tyranny. This is secured by a wise balance of power between the legislative, executive, and judicial branches.

    In Step Four we acknowledge our enormous progress over the past century in creating international law. We have been gradually globalizing. We note how the nations of the world have been getting accustomed to working with each other – gradually and safely yielding small portions of their sovereignty in order to benefit from binding international agreements for the common good. We see that nation-states are already merging into larger economic and political entities to meet their common needs – such as the European Union. There is a growing awareness that the world system must change to meet the challenge of the 21st Century.

    In Step Five we will discuss updating our vehicle for survival – the U.N. – as we move toward an effective world system with checks and balances to protect our rights and freedoms. This step is primarily concerned with spelling out how we need to reform the U.N. to ensure world peace.

    After the carnage of World War II with 35 million dead, many nations were determined not to go through that again. Toward the end of the war we began to plan the United Nations Organization. In October 1945 the Charter was ratified by 50 nations at San Francisco. Enthusiasm ran high. “The U.N. Charter can be a greater Magna Carta,” said John Foster Dulles, our Secretary of State, who was a delegate to the San Francisco conference.

    It’s interesting to note that the U.N. Charter was completed on June 26, 1945 – six weeks before Hiroshima and Nagasaki. This may help explain its weakness. The delegates were unaware of the devastation we would face in the nuclear era. They did not know that humanity’s survival would be at stake. They failed to understand that we could no longer drag our feet in replacing international anarchy with enforced international law.

    The Security Council

    The Charter provides for a Security Council and a General Assembly. The Security Council was supposed to be the enforcement arm. Its five permanent members were victorious in World War II: the United States, the Soviet Union, Britain, France, and China (in 1971 the People’s Republic of China replaced Nationalist China on the Security Council, in 19__, the Soviet Union was replaced by Russia). In addition, there are now ten rotating members – originally there were six.

    It was deliberately set up so that the big powers could ignore any vote they didn’t like. Any one of the five permanent members of the Security Council can veto any enforcement action—even If the rest of the world is for it! Since the Big Five have been behind most of the trouble in the world, it’s like setting up the foxes to guard the chicken coop.

    Because of the distrust and conflict between the Soviet Union and the United States (and because we usually vote to support our friends and they usually support their friends), deadlocks on all important issues involving war and peace have usually blocked effective action by the U.N. For example, the U.S. in 1990 vetoed a resolution for the U.N. to send a fact- finding mission to get information on the Jewish-Arab conflict in the occupied territories. An impartial understanding of what’s happening is a needed first step in the peace process. This lack of respect for legal, peaceful conflict resolution has set a poor example for the other nations of the world.

    Brian Urquhart, U.N. under secretary-general for special political affairs, lamented, “There are moments when I feel that only an invasion from outer space will reintroduce into the Security Council that unanimity and spirit which the founders of the Charter were talking about.” Let us hope that the shock of Iraq’s invasion of Kuwait and the threat to Saudi Arabia will begin to do it for us!

    Thus we have a toddling Security Council that under the Charter is empowered to send armed forces anywhere on earth to stop war. And it is usually rendered impotent because of the Charter requirement for the unanimous vote of the permanent members of the Security Council to act in preserving peace. In 1945 we weren’t quite ready yet to take the final step. Perhaps we’re now waking up to the idiocy of living in an ungoverned world!

    The General Assembly

    In addition to the Security Council, the Charter of the United Nations set up the General Assembly. It has been called a “town meeting of the world” by former Secretary-General Trygve Lie. Each nation has one vote in the General Assembly, which has grown from the original 50 nations to 160 today. Thus small nations, regardless of size, have the same vote as large nations, regardless of population. For example, Grenada with about 90,000 people has an equal vote with the United States, which has 1/4 billion people.

    Since the Security Council has all the power to act, the big powers gave the other nations of the world the power to talk! It’s interesting to note that when a resolution passes the General Assembly, it goes to the Security Council as a recommendation only. The General Assembly has no Charter power to require any action to keep the peace – or to do anything but suggest!

    Thus we are heading for the 21st Century with 160 “But the hard fact remains,” comments Richard Hudson in his newsletter Global Report, “that the decision-making system in the world body is too flawed to deal with the awesome gamut of our planet’s problems in the coming decades. It is neither morally right nor politically sensible to leave veto power in the Security Council in the hands of the five nuclear powers. It is plainly absurd to have decisions made on the basis of one nation, one vote in the General Assembly, thus giving countries with minute populations and minuscule contributions to the U.N. budget the same influence in decision- making as the bigger countries that have to pay the bills. Moreover, a central global decision-making body that can pass only non-binding recommendations is not what the world needs for the 21st century.”

    The Need for Reform

    Patricia Mische, co-founder of Global Education Associates, tells a story that compares the United Nations to a dog that is expected to give protection from thieves and murderers. The dog is a good dog, but it has three problems. First, the masters muzzle the dog so the dog can bark but not bite, and thieves and murderers know this. Second, the masters don’t feed the dog very well, so the dog is always hungry and anxious for itself, and lacks energy to do its job well. Third, the dog has 160 masters, and they often give conflicting directions and confuse the dog.

    Here is the prescription for rebuilding the UN: Remove the muzzle, feed the dog, and reform the masters, so they will not be confusing the dog.

    Vernon Nash wrote in The World Must Be Governed, “. . . if Hamilton or any other founding father returned to the United States today and read a. current article about the performance and prospects of the United Nations, he certainly would say to himself, ‘This is where I came in.’. . . Then, as now, men kept trying to get order without law, to establish peace while retaining the right and power to go on doing as they pleased.”

    The United States, which was the principal mover in creating the World Court, gave the appearance of accepting compulsory jurisdiction over “any question of international law.” But that was quite deceptive. By special reservations, the U.S. excluded certain types of disputes, which the U.S. could by itself decide it wanted solely within its own domestic jurisdiction.

    A nation undermines the Court when it gives the appearance of accepting the Court and, at the same time, denies to the tribunal the normal powers of every judicial agency. A nation that defies the Jurisdiction of the Court when it becomes a defendant shows contempt for the Court. A nation that ignores the Court when it doesn’t like a judgment against it undercuts the process of law. When these things are done by – the U.S., which helped establish the World Court, it diminishes respect for itself.

    Despite technical legal arguments that were raised to justify the U.S. position when Nicaragua in 1984 complained that we were mining its harbors and seeking to overthrow its government, the fact is that the U.S. refused to honor the Court or its judgments. This was seen throughout the world as a hypocritical manifestation of scorn for the tribunal – which the United States praised when decisions went in its favor. Defiance of law is an invitation to disaster. What may have been tolerable in the pre-nuclear age is intolerable now.

    In a world of law and order, aggressor nations should clearly be identified as outlaws for rejecting the rule of law. This is not to suggest that justified grievances should be ignored; sincere efforts must be made to find just solutions. But a handful of states, or a small group of fanatics, should not be permitted to thwart humankind’s progress toward a more lawful and peaceful world.

    Supporting the U.N.

    In 1986 the U.S. Congress reduced its financial support of the United Nations by over half, largely because it did not like certain expenditures. Since the total U.N. budget is less than New York City’s, any reduction of its annual $800 million income is crippling. In the past the Soviet Union has also failed to pay its U.N. dues for the same reason. In October 1987, Mikhail Gorbachev talked of invigorating the Security Council. To back up his words, the Soviet Union announced that it would pay all its overdue U.N. bills, which came to $197 million. And they’ve followed through on this promise.

    That left the United States in October 1987 the outstanding delinquent, who still owed over $414 million, including $61 million for peacekeeping forces that the U.S. opposed! As of December 1989, the U.S. was behind $518 million – in violation of its treaty obligations. In his last budget request, President Reagan asked for full U.N. current funding and about a 10% payment on our past dues. Bush in his first budget made the same request. Our Congress was still unwilling to honor our obligations. The cost of only one Stealth bomber would cover our disgracefully broken contractual agreements with the U.N. – and with humanity’s future.

    The world spends only $800 MILLION a year on peace through the U.N., and about $1 TRILLION on national military budgets – over a thousand times more!!! Does it come as a surprise that we are today 1,000 times more effective at waging war than at waging peace?

    There are amazing parallels between our situation with the United Nations today and the dangerous situation in the United States two centuries ago. Tom Hudgens in his book Let’s Abolish War points out that the Continental Congress under the Articles of Confederation:

    1. Had no independent taxing powers.
    2. Could not regulate interstate and foreign commerce.
    3. Had no powers of direct enforcement of its laws.
    4. Was ineffective in foreign affairs.
    5. Had no chief executive.
    6. Had no binding court of justice…

    “Do you realize,” Hudgens asks, “that every one of these charges can be leveled at the United Nations today? We are living today under the Articles of Confederation except we call it the United Nations.”

    Instead of starting all over again, the U.N. may be our best bet to rapidly ensure our ultimate human right. A redrafting of the Charter and its ratification by the nations of the world is needed. It won’t be easy to persuade nations to mend their ways, but it can be done.

    For years, the officials of the U.N. have known what needs to be done. They’re powerless unless authorized by the nations of the world. They’ve been waiting for you to take the needed steps to alter the views of the entrenched diplomats, which would permit them to respond effectively to international lawlessness – and thus set the stage for a new era of prosperity and peace on earth.

    Confederation vs. Federation

    In order to take Step Five by working to make the U.N. more effective in the nuclear age, you must clearly understand the key differences between the U.N. today and the world federation we need for tomorrow. Just as the terms “Confederation” and “Federation” were confusing to the 1787 delegates at Philadelphia, people usually don’t understand their significance today. The World Federalist Association in its pamphlet We the People helps us clarify the crucial differences between a league or confederation, and a federation or union:

    • In a league or confederation (like the U.N.), each state does as it pleases regardless of the consequences to the whole; in a federation or union (like the U.S.), each state accepts some restrictions for the security and wellbeing of the whole.
    • In a league, the central body is merely a debating society without authority to control the harmful behavior of individuals; in a federation, the central body makes laws for the protection of the whole and prosecutes individuals who break them.
    • In a league, any enforcement is attempted only against member states; in a federation, enforcement of laws is directed against individual lawbreakers.
    • In a league, conflicts among members continue unabated, resulting in costly arms races and wars; in a federation, conflicts among states are worked out in a federal parliament and in federal courts.
    • A league has no independent sources of revenue; a federation has its own supplemental sources of revenue.
    • In a league, state loyalty overrides loyalty to the wider community; in a federation, loyalty to each state is balanced by loyalty to the wider community.

    Finding the Best Way

    Could you feel secure if a congress made up of people from all over the world enacted binding international laws? Would you be taken advantage of? Too heavily taxed? Your rights ignored? Could a dictator grab power? Can we set up a world legislature, court, and executive branch that will be more protective of the U.S. than the Pentagon? How can we actually increase our “defense” through a reformed U.N.? How do we reform the U.N. to avoid ecocide?[1]

    As George Washington and Benjamin Franklin would testify, there is no one simple way to hammer out a new constitution. It takes an open-minded willingness to consider all points of view, to lay aside one’s prejudices and psychological certainties, and to be patient enough to listen and search until effective answers are found and agreed upon. Just as success in 1787 required that various states be satisfied, in like manner we must create a reformed U.N. that meets today’s needs and interests of the nations of the world.

    There have been many proposals to improve the United Nations and make it more effective as the keeper of the peace. One suggestion, known as the “Binding Triad,” comes from Richard Hudson, founder of the Center for War/Peace Studies. It requires two basic modifications of the U.N. Charter:

    The voting system in the General Assembly would be changed. Important decisions would still be adopted with a single vote, but with three simultaneous majorities within that vote. Approval of a resolution would require that the majority vote include two-thirds of the members present and voting (as at present), nations representing two-thirds of the population of those present and voting, and nations representing two-thirds of the contributions to the regular U.N. budget of those present and voting. Thus, in order for a resolution to pass, it would have to be supported strongly by most of the countries of the world, most of the population of the world, and most of the political/economic/military strength of the world.

    The powers of the General Assembly would be increased under the Binding Triad so that in most cases its resolutions would be binding, not recommendations as at present. The new General Assembly, now a global legislature, will be able to use peacekeeping forces and/or economic sanctions to carry out its decisions. However, the Assembly would not be permitted “to intervene in matters which are essentially within the jurisdiction of any state.” If the jurisdiction were in doubt, the issue would be referred to the World Court, and if the court ruled that the question was essentially domestic, the Assembly could not act.”[2]

    This is only one possibility for giving the General Assembly limited legislative powers. A World Constitution for the Federation of Earth has been drafted by the World Constitution and Parliament Association headed by Philip Isely of Lakewood, Colorado. There are many ways to reform the U.N. to give the world binding international laws, a binding court of international justice, and an executive branch to enforce the law with effective economic sanctions and an international military force that replaces national armies, navies, and air forces.

    A 14-point program is shown on the next page. Models of new international systems to create world order have been prepared by many scholars, among who are Professor Richard Falk of Princeton University, Professor Saul Mendlovitz of Rutgers, and Professor Louis Sohn of Harvard University. With wise checks and balances, we can set up an overall system that will enable the world to work! Political leaders lack the political will to make the required changes in the U.N. It’s time for the public to speak out.

    Once the world union is formed, do we want to permit an easy divorce if a nation wants to get out when it disagrees about something? The American Civil War in 1861-1865 settled whether states could leave the federal union if they disagreed with its policies. The victory by the Union dearly established that no state could secede from the federal government once it agreed to be a member.

    If politicians in a nation become angry and could whip up the people to get out, it would signal the end of the world system. Once a nation agrees to the reformed U.N., it must be permanent. By resigning from the organization,” Cord Meyer warns, “a nation could free itself from international supervision, forcing a renewal of the armament race and certain war. In view of the nature of the new weapons, secession would be synonymous with aggression.[3]

    As we’ve pointed out, there is no one way to transform the United Nations into an effective world government. It is important that you give thought to this vital matter and arrive at your own conclusions on how to do it. Then discuss them with your friends and neighbors, who will no doubt develop their own ideas. It is only from the clash of opinions that a living truth will emerge that will point to an effective way to complete the governmental structure of the world.

    The Challenge of Our Age

    We are at a crucial point in history. We are on the threshold of great progress. We have reached the stage where large-scale wars are no longer compatible with the future of the human race. We have gone beyond the point where such military power is protective. Instead it threatens to kill us all. We are gradually fouling our environment so that it cannot support human life. And we now know that we must have global institutions to solve our global problems.[4]

    “Environmental knowledge and concerns,” according to Pamela Leonard, “have risen at an increasingly rapid rate in recent years, and many nations have enacted laws and set up agencies to deal with them. Yet little has been done to create laws or institutions on an international scale, despite the fact that the impacts of air and water pollutants travel as easily across national boundaries as across municipal boundaries.”[5]

    Increasing Abundance

    Even if we were not threatened by nuclear war or environmental ruin, we would benefit enormously by a reformed U.N. Through a world republic, our children will have greater prosperity, more personal opportunities for a good life, better maintenance of our precious planet, and better protection of their human rights and freedoms.

    Imagine what a difference this would make in your life and that of your loved ones. The heavy taxes that spill your “economic blood” year by year would no longer be used to feed a greedy war machine. Your children could then feel confident that they would have a future. Business could be liberated from the import and export fences that limit opportunities. We could effectively begin to improve the quality of the air we breathe and the water we drink. Education, medical care, and quality of life would vastly improve when the world no longer spent $1.5 million each minute on increasing its killing capacity. A small international peacekeeping force of several hundred thousand well-trained and equipped people could replace the millions of soldiers now under arms who constantly disrupt the peace of the planet.

    Over the past several centuries there has been a gradual awakening to the importance of international law that can override the military passions of the 160 separate nations around the globe. We have tried world courts and have found that they work if we want them to. We have set up international organizations such as the League of Nations and the United Nations. Each has been a step forward. All this experimenting, testing, trying, and hoping have been important steps up the ladder of international growth toward the completion of the governance of our world. We now have the glorious challenge of creating lasting peace and prosperity by reforming the United Nations into a world republic.

    Approaching Planethood

    Many nations today, and eventually all nations, will be willing to cooperate in a reformed United Nations. They will respond to the insistence of their people that we do not let our planet be ruined or blown apart through war. These nations will want to benefit from the much safer and far less costly protection of their national rights and freedoms that only a world government can offer them.

    At long last, the people of this world can get out of the arms race and enjoy a much higher standard of living, environmental protection, education, culture, medical care, etc. We need a world governance that, unlike the present Security Council, cannot be vetoed by one of the five victorious nations of World War II. It will be able to effectively respond to environmental problems that threaten the security of everyone everywhere.

    It is now time for the people to insist on reforming the U.N. Charter. They will become a powerful force when they unite and act together. Sooner or later, those who resist at first will join in – just as holdout states discovered they could not afford to pass up the many benefits of becoming a part of the United States two centuries ago.

    The draft of the U.N. Charter was discussed at Dumbarton Oaks, a private estate in Washington, DC. On a tablet in the garden was inscribed a prophetic motto: “As ye sow, so shall

    ye reap.” When the final instrument was accepted by 50 nations on June 26, 1945, everyone knew that it was less than perfect. The Secretary of State reported to President Truman: “What has resulted is a human document with human imperfections but with human hopes and human victory as well.”

    We need a new “Dumbarton Oaks” to the 21st Century. On December 23, 1987, our Congress passed a law calling for the appointment by our President of a bipartisan U.S. Commission to Improve the Effectiveness of the United Nations. Commissioners should have been appointed by June 1, 1989. By August 1990 there was still no indication that our President would comply with this law of Congress. Let the voice of the people be heard!

    Send a copy of PlanetHood to the President and to your congressional leaders. Tell them you’re tired of delay and indecision. If they get flooded with reminders from the voters, they’ll soon take notice. It is time to act NOW so that the dreams of the U.N. founders may finally become a reality.

    We can no longer pretend that we don’t know what needs to be done. How long will It be until a president, prime minister, or general secretary calls for a Conference to Reform the United Nations or an International Constitutional Convention—and invites all nations to send delegates? Here is an opportunity for statesmanship and fame of the highest order. Let us seize this history- making opportunity and accept the challenge to create a more peaceful world.

    Like Paul Revere, let’s awaken our neighbors. Let’s give ourselves effective international law, world courts, and enforcement in a safe system of checks and balances. Let’s work continuously to bring about the day when our front lines of defense consist of brigades of international attorneys practicing before a binding world court. Then we’ll have finally secured our ultimate human right to live in dignity in a healthy environment free from the threat of war.

    We need a reliable cop on the international corner. Will you help our ungoverned world to create a world system that can work?

    You’ll be taking the Fifth Step toward planethood when you play your part in making the U.N. effective for the 21st Century. As a Planet- hood Patriot, you’ll know that you are doing what you can to make your life count. You will have saved yourself, your family, and all of the men, women, and children throughout our beautiful planet – now and for generations to come.

    IT DEPENDS ON YOU!

    Pull Quotes

    If we want peace, we must reform, restructure and strengthen the United Nations.
    – Dr. John Logue, Director Common Heritage Institute, 1985

    When we get to the point, as one day we will, that both sides know that in any outbreak of general hostilities, regardless of the element of surprise, destruction will be both reciprocal and complete, possibly we will have sense enough to meet at the conference table with the understanding that the area of armaments has ended and the human race must conform its actions to this truth or die.
    – Dwight D. Eisenhower, U.S. President, April 4, 1965

    When there is a problem between two small nations, the problem disappears. When there is a problem between a big country and a small country, the little country disappears. When there is a problem between two big countries, the United Nations disappears.
    – Victor Belaunde, Peruvian U.N. Ambassador

    A Security Council that can be rendered impotent by the vote of one nation obviously cannot begin to guarantee security. A General Assembly that can pass resolutions with the votes of nations representing less than 10 percent of the world’s population, and some 3 percent of the gross world product, will not have, and cannot get, the respect it must have if its decisions are to be taken seriously.
    – Dr. John Logue, Director Common Heritage Institute
    ”A More Effective United Nations” New Jersey Law Journal December 26, 1985

    As Secretary General of this organization, with no allegiance except to the common interest, I feel the question must be justifiably be put to the leading nuclear powers: By what right do they decide the fate of all humanity?…No one can expect to escape from the catastrophic consequences of a nuclear war on the fragile structure of our planet. The responsibility assumed by the Great Powers is now no longer to their populations alone; it is to every country and every people, to all of us.
    – Javier Perez de Cuellar, U.N. Secretary General December 1984

    The cause of the United Nations is inseparable from the cause of peace. But we will not have peace by afterthought. If the United Nations is to survive, those who represent it must bolster it, those who advocate it must submit to it, and those who believe in it must fight for it.
    – Norman Cousins, President World Federalist Association
    Author, Anatomy of an Illness

    The United Nations is an extremely important and useful institution provided the people and governments of the world realize that it is merely a transitional system toward the final goal, which is the establishment of a supranational authority vested with sufficient legislative and executive powers to keep the peace.
    – Albert Einstein

    World federalists are working for disarmament by seeking the ways to end all use of force in international relations. The only real alternative to war is an international legal system which provides common security for all states through the peaceful and just resolution of disputes according to law. This is vitally important in a world which has nuclear weapons. World federalists believe the test of sincerity of all who claim to want disarmament is their willingness to create and to be bound by a common world law and by agreed procedures for preventing aggression and solving conflicts peacefully. 
    – World Federalism
    World Association for World Federation

    We seek to strengthen the United Nations, to help solve its financial problems, to make it a more effective instrument for peace, to develop it into a genuine world security system… capable of resolving disputes on the basis of law, of insuring the security of the large and the small, and of creating conditions under which arms can fully be abolished… This will require a new effort to achieve world law.
    – John F. Kennedy, U.S. President

    The proposed system of comprehensive security will become operative to the extent that the United Nations, its security council and other international institutions and mechanisms function effectively. A decisive increase is required in the authority and role of the United Nations and the International Atomic Energy Agency.
    – Mikhail Gorbachev, Soviet General Secretary, address to U. N., September 1987

    This planet is in bad political shape and is administered appallingly. An outer-space inspection team would undoubtedly give us an F (failure) or a triple D (dumb, deficient, and dangerous) in planetary management. Our world is afflicted by a good dozen conflicts almost permanently. Its skies, lands, and oceans are infested with atomic weapons which cost humanity 850 billion dollars a year, while so many poor people are dying of hunger on this planet. And yet, I have seen the U.N. become universal and prevent many conflicts. I have seen the dangerous decolonization page turned quickly and with infinitely less bloodshed than in Europe and the Americas in preceding centuries. I have seen a flowering expansion of international cooperation in thirty-two U.N. special agencies and world programs.
    – Robert Muller, Former U. N. Assistant Secretary General

    There is enough bad people to make world federal government necessary, and there is enough good people to make it work. 
    – Source Unknown

    Many of these proposals may appear unpatriotic or even treasonous to those who identify being patriotic with the worship of American military power… If patriotism is an active concern for one’s freedom, welfare and survival of one’s people, there is no patriotic duty more immediate than the abolition of war as a national right and institution.
    Cord Meyer
    Peace or Anarchy

    Let us also think about establishing an emergency environmental aid centre within the U.N. Its function would be to promptly dispatch international groups of experts to areas that have experienced a sharp deterioration in the environmental situation.
    Mikhail Gorbachev
    Soviet General Secretary
    Address to the U.N., New York
    December 7, 1988

    It is dangerous in the most literal sense of the word, when streams of poison flow into the rivers, when toxic rains fall on the earth from the sky, when towns and entire regions are suffocating in an atmosphere saturated with the fumes put out by industry and by vehicles, when the development of nuclear power is accompanied by unacceptable risks.
    – Mikhail Gorbachev
    Soviet General Secretary
    Address to U.N., September 1987

    A federation of all humanity, together with a sufficient means of social justice to ensure health, education, and a rough equality of opportunity, would mean such a release and increase of human energy as to open a new phase in human history.
    – H.G. Wells
    Noted Historian

    With all the positive news that’s coming from Eastern Europe and the U. S. government about significant nuclear arsenal reductions (as much as 50%), it’s easy to get lulled into complacency about the nuclear arms race. But consider this: the U.S. is still building and testing nuclear weapons and their delivery systems. We are still building the ultimate doomsday device known as star Wars. Even with these reductions in our arsenals, U.S. and Soviets will still have enough fire power to blow the world up 5,000 times, not to mention the French, Israeli, or Chinese stockpiles (as well as the rest of the world). And what about all the toxic wastes? Where will the madness end?
    – Richard Gold
    Eugene Peace Works
    Eugene, Oregon

    The founding of the United Nations embodies our deepest hopes for a peaceful world. And during the past year, we’ve come closer than ever before to realizing those hopes. We’ve seen a century sundered by barbed threats and barbed wire, give way to a new era of peace and competition and freedom. This is a new and different world. Not since 1945 have we seen the real possibility of using the United Nations as it was designed, as a center for international collective security.
    – George Bush
    U.S. President, October 1, 1990
    Address to the United Nations

    Environmentalists and politicians can argue the costs and benefits of international action on global warming from now until doomsday, and they probably will. But nothing will get done without an institutional mechanism to develop, institute, and enforce regulations across national boundaries.
    – Elliot Richardson
    Head of the U. S. Delegation
    Law of the Sea Conference

    A 14-POINT PROGRAM for Reforming the United Nations

    1. Improve the General assembly decision-making process.

    2. Modify the vet in the Security Council.

    3. Create an International Disarmament Organization.

    4. Improve the dispute settlement process.

    5. Improve the U.N.’s peacekeeping capability.

    6. Provide for adequate and stable U.N. revenues.

    7. Create an International Court of Justice.

    8. Create an International Criminal Court to try hijackers and terrorists.

    9. Improve the U.N.’s human rights machinery.

    10. Create a stronger U.N. environmental and conservation programs.

    11. Provide international authorities for areas not under national control.

    12. Provide for more effective world trade and monetary systems.

    13. Establish a U.N. development program.

    14. Achieve administrative reform of the U.N. system.

    For more information, write to Campaign for U.N. Reform, 418 Seventh Street, S.E., Washington, DC 20003. Phone: (202) 546-3956

     

    PRESERVING THE GLOBAL ENVIRONMENT

    Prepared by the World Resources Institute, Washington DC, and the American Assembly, affiliated with Colombia University, founded by Dwight D. Eisenhower in 1950.

    Three indivisibly linked global environmental trends together constitute an increasingly grave challenge to the habitability of the earth. They are human population growth; tropical deforestation and the rapid loss of biological diversity; and global atmospheric change, including stratospheric ozone loss and greenhouse warming. These trends threaten nations’ economic potential security therefore their internal political security, their citizen’s health (because of increased ultraviolet radiation), and, in the case of global warming, possibly their very existence. No more basic threat to national security exists. Thus, together with economic interdependence, global environmental threats are shifting traditional national security concerns to a focus on collective global security.

    The degradation of the global environment is integrally linked to human population growth. More than 90 million people are added each year – more than ever before. On its present trajectory, the world’s population could nearly triple its current size, reaching 14 billion before stabilizing. With a heroic effort, it could level off at around 9 billion. However, today’s unmet need for family planning is huge: only 30 percent of reproductive age people in the developing world outside of China currently have access to contraception. Women’s full and equal participation in society at all levels must be rapidly addressed.

    Tropical deforestation and the loss of a diverse set of species rob the earth of its biological richness, which undermines long-range ecological security and global economic potential. Nearly 20 million hectares of tropical forests are lost every year. Conservative estimates put the extinction rate at one hundred species per day: a rate unmatched since the disappearance of the dinosaurs. Escalating human populations, deforestation, disruptions of watersheds, soil loss, and land degradation ate all linked in a vicious cycle that perpetuates and deepens poverty, and often creates ecological refugees.

    The depletion of the ozone layer by chlorofluorocarbons (CFCs) allows increased ultraviolet B radiation from the sun to enter the earth’s atmosphere, threatening human health and the productivity of the biosphere.

    There is a scientific consensus that rising concentrations of greenhouse gases will cause global climactic change. Atmospheric levels of carbon dioxide have increased 25 percent since the beginning of the industrial era.

    Therefore, the earth is set to experience substantial climate change of unknown scale and rapidity. The consequences are likely to include sea level rise, greater frequency of extreme weather events, disruption of ecosystems, and potentially vast impacts on the global economy. The processes of climate change are irreversible and major additional releases could be triggered from the biosphere by global warming in an uncontrollable self-reinforcing process (example: methane release from unfrozen Arctic tundra).

    We call attention to the immediate need for immediate international action to reverse trends that threaten the integrity of the global environment. These trends endanger all nations in the common interest. Our message is one of urgency. Accountable and courageous leadership in all sectors will be needed to mobilize the necessary effort. If the world community fails to act forcefully in the current decade, the earth’s ability to sustain life is at risk.

    Excert from Preserving the Global Environment: A Challenge of Shared Leadership. New York: W.W. Norton & Company, 1990.

    [1] Ecocide is the deliberate destruction of the natural environment, as by pollutants. 
    [2] For more information and a videotape on the Binding Triad, write the Center for War/Peace Studies, 218 E. 18th Street, New York, NY 10003. Phone: (212) 475-1077.
    [3] After World War II, the Soviet Union took over Lithuania by military conquest – not the free vote of the people. You will recall that the Philadelphia Constitutional Convention in 1787 clearly specified that the vote of the people – not the politicians – was required to join the United States of America. Lithuania’s desire today for independence is not considered aggression. 
    [4] Pace Law School in White Plains, New York has a Center for Environmental Legal Studies headed by Professor Nicholas A. Robinson. He teaches lawyers about environmental problems now facing our nation and the world.
    [5] From Effective Global Environmental Protection by Pamela Leonard. Published by World Federalist Association, May 1990.

  • The Magna Carta For The Nuclear Age: A Universal Declaration of Individual Accountability Prepared by the Nuclear Age Peace Foundation

    Preamble

    Affirming that all people of the World are entitled to life, liberty and other basic human rights;

    Believing that all individuals, states and international organizations share in the responsibility to ensure peace, protect human rights and sustain the common heritage of the planet;

    Acknowledging the significant efforts of the United Nations and other international organizationstoward these ends;

    Committed to the United Nations Charter, the Universal Declaration of Human Rights, and the Nuremberg Principles;

    Convinced that nuclear, chemical and biological weapons have no place in a civilized World order;

    Further convinced that survival in the nuclear age requires adherence to principles of justice and the World rule of law;

    Determined to establish a just, peaceful and civilized World order in the twenty-first century,

    We proclaim this Magna Carta for the Nuclear Age.

    Article I

    All individuals, including Heads of State, Ministers of Government, industrial, scientific and military leaders, shall be held personally accountable under international law for planning, preparing, initiating or committing the following acts:

    • Crimes against peace, including waging a war of aggression or a war in violation of international treaties.
    • War crimes, including deliberate attacks against civilian populations, the use of nuclear, chemical or biological weapons, and other grave breaches of humanitarian law.
    • Crimes against humanity, including genocide, torture, and other serious mass violations of civil, political, economic, social and cultural rights.
    • Crimes against the environment, including intentional spoliation of living habitats.
    • Economic crimes against a people or nation, including slavery in all forms.
    • Terrorism, piracy, kidnapping, hostage taking, and the training, support or sheltering of persons engaged in such crimes.
    • Illicit trafficking in arms or narcotics, and all acts in furtherance of such crimes.
    • Covert acts to overthrow or destabilize a legitimate foreign government, including assassination.
    • Deliberate persecution or denial of civil rights on grounds of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status.

    Article II

    The World Community shall ensure the further codification of these provisions through the continuing activities of the United Nations and other international organizations, and shall ensure compliance with them by establishing and maintaining the following institutions:

    • An International Commission of Inquiry to engage in fact finding and certification of cases for trial;
    • An International Criminal Court, composed of distinguished jurists, to try cases certified by the International Commission of Inquiry;
    • International Police Forces to enforce the orders of the International Criminal Court;
    • An International Criminal Penitentiary for confinement of convicted offenders; and
    • A Center for the Advancement of International Criminal Law and Justice, independent of governments, to assist in codification of international criminal law and monitoring the implementation of this Charter.
    • An International Commission of Inquiry to engage in fact finding and certification of cases for trial;
    • An International Criminal Court, composed of distinguished jurists, to try cases certified by the International Commission of Inquiry;
    • International Police Forces to enforce the orders of the International Criminal Court;
    • An International Criminal Penitentiary for confinement of convicted offenders; and
    • A Center for the Advancement of International Criminal Law and Justice, independent of governments, to assist in codification of international criminal law and monitoring the implementation of this Charter.

    Article III

    These provisions, upon adoption, may be added to, abridged or altered by the common consent of the World Community of nations and peoples, but without amendment they shall be binding in perpetuity.

  • Resolution 715 (1991) on Iraq

    Adopted by the Security Council at its 3012th meeting

    The Security Council,

    Recalling its resolutions 687 (1991) of 3 April 1991 and 707 (1991) of 15 August 1991, and its other resolutions on this matter,

    Recalling in particular that under resolution 687 (1991) the Secretary-General and the Director General of the International Atomic Energy Agency (IAEA) were requested to develop plans for future ongoing monitoring and verification, and to submit them to the Security Council for approval,

    Taking note of the report and note of the Secretary-General (S/22871/Rev.1 and S/22872/Rev.1), transmitting the plans submitted by the Secretary-General and the Director General of the International Atomic Energy Agency,

    Acting under Chapter VII of the Charter of the United Nations,

    1. Approves, in accordance with the provisions of resolutions 687 (1991), 707 (1991) and the present resolution, the plans submitted by the Secretary-General and the Director General of the International Atomic Energy Agency (S/22871/Rev.1 and S/22872/Rev.1);

    2. Decides that the Special Commission shall carry out the plan submitted by the Secretary-General (S/22871/Rev.1), as well as continuing to discharge its other responsibilities under resolutions 687 (1991), 699 (1991) and 707 (1991) and performing such other functions as are conferred upon it under the present resolution;

    3. Requests the Director General of the International Atomic Energy Agency to carry out, with the assistance and cooperation of the Special Commission, the plan submitted by him (S/22872/Rev.1) and to continue to discharge his other responsibilities under resolutions 687 (1991), 699 (1991) and 707 (1991);

    4. Decides that the Special Commission, in the exercise of its responsibilities as a subsidiary organ of the Security Council, shall:

    (a) Continue to have the responsibility for designating additional locations for inspection and overflights;

    (b) Continue to render assistance and cooperation to the Director General of the International Atomic Energy Agency, by providing him by mutual agreement with the necessary special expertise and logistical, informational and other operational support for the carrying out of the plan submitted by him;

    (c) Perform such other functions, in cooperation in the nuclear field with the Director General of the International Atomic Energy Agency, as may be necessary to coordinate activities under the plans approved by the present resolution, including making use of commonly available services and information to the fullest extent possible, in order to achieve maximum efficiency and optimum use of resources;

    5. Demands that Iraq meet unconditionally all its obligations under the plans approved by the present resolution and cooperate fully with the Special Commission and the Director General of the International Atomic Energy Agency in carrying out the plans;

    6. Decides to encourage the maximum assistance, in cash and in kind, from all Member States to support the Special Commission and the Director General of the International Atomic Energy Agency in carrying out their activities under the plans approved by the present resolution, without prejudice to Iraq’s liability for the full costs of such activities;

    7. Requests the Committee established under resolution 661 (1990), the Special Commission and the Director General of the International Atomic Energy Agency to develop in cooperation a mechanism for monitoring any future sales or supplies by other countries to Iraq of items relevant to the implementation of section C of resolution 687 (1991) and other relevant resolutions, including the present resolution and the plans approved hereunder;

    8. Requests the Secretary-General and the Director General of the International Atomic Energy Agency to submit to the Security Council reports on the implementation of the plans approved by the present resolution, when requested by the Security Council and in any event at least every six months after the adoption of this resolution;

    9. Decides to remain seized of the matter.