Tag: Ban Treaty

  • How We Learned to Stop Playing With Blocks and Ban Nuclear Weapons

    Ray AchesonThis article was originally published by Reaching Critical Will.

    “It is in the interest of the very survival of humanity that nuclear weapons are never used again, under any circumstances.” This is the view of the 155 states that endorsed the joint statement delivered by Ambassador Dell Higgie of New Zealand. “The only way to guarantee that nuclear weapons will never be used again is through their total elimination.”

    The majority of states and their publics share this view. It is only a handful of states, generally among the most wealthy in the world, that have consistently resisted progress in this area.

    Another 20 countries signed onto a separate statement calling on states to address the “important security and humanitarian dimensions of nuclear weapons.” Delivered by the Australian delegation, this statement suggested that working “methodically and with realism” is the way to “attain the necessary confidence and transparency to bring about nuclear disarmament.”

    By this, the 20 countries refer to the “step-by-step” or “building blocks” approach. As outlined by an all-male panel hosted by Japan and the Netherlands last week, the blocks include, among other things, entry into force of the Comprehensive nuclear Test Ban Treaty, negotiation of a fissile materials cut-off treaty, reducing the role of nuclear weapons in security doctrines, increasing transparency of and de-alerting nuclear forces, and arsenal reductions.

    Yet as the Irish delegation pointed out, these actions—while welcome to the extent that they lead to concrete disarmament—do not constitute implementation of article VI of the nuclear Non-Proliferation Treaty (NPT). Article VI calls for an effective multilateral framework for nuclear disarmament and the end to the nuclear arms race. “Until we put in place the framework,” argued Breifne O’Reilly of Ireland, “we all stand accused of failing to implement our NPT obligations.”

    It is the responsibility of all NPT states parties to pursue effective measures for nuclear disarmament. Yet supporters of the step-by-step or building blocks approach seem unwilling to put these “blocks” in place themselves. Some of them host US nuclear weapons on their soil, without acknowledging their presence. Most of these states include nuclear weapons in their security doctrines via NATO, which has not taken a collective decision to reduce the role of this weapon of mass destruction in its military doctrine.

    So far, none of these states have been open to articulating a clear legal prohibition against nuclear weapons, even though, as Costa Rica noted, the prohibition of weapons with unacceptable humanitarian impacts has typically preceded their elimination. The Irish delegation pointed out that without the clear prohibition against chemical weapons, these weapons would probably not now be so universally condemned and subject to a specified programme of elimination.

    Maritza Chan expressed Costa Rica’s willingness to join a diplomatic process to negotiate a treaty prohibiting nuclear weapons, even if the nuclear-armed states are unwilling to participate. She argued that such a treaty would establish a strong legal norm against the use, possession, and deployment of nuclear weapons and represent a significant step towards their complete elimination.

    Palau’s delegation agreed with the utility of this approach, noting that such a treaty could compel states to reject any role for nuclear weapons in their military doctrines, prevent nuclear sharing, and prohibit investments in nuclear weapons production. The Thai delegation, among others, expressed a firm conviction that is time to “initiate negotiations on a legal instrument to comprehensively ban nuclear weapons.”

    The countries resisting this approach argue that the “security context” is not ripe for pursuing such an effective measure. Australia continues to demand that “we” need to address the security dimensions of nuclear weapon possession. The nuclear-armed states of course want to focus on their own perceived security interests. France asserted that disarmament cannot move forward if it “ignores” the “strategic context.” The United Kingdom argued that “we do not yet have the right political and security conditions for those without nuclear weapons to feel no need to acquire them, nor for those who do have them to no longer feel the need to keep them. Nor is it possible to identify a timeframe for those conditions.” The UK even argued that “nuclear weapons are not per se inherently unacceptable” and that they have “helped to guarantee our security, and that of our allies, for decades.”

    This is a dangerous narrative, noted Ireland. In effect, it makes an argument in favour of proliferation. “Every state on earth has a strategic context,” noted Mr. O’Reilly. Arguing that nuclear weapons are good for some is the same as arguing they are good for all. They either provide security or they don’t. Their consequences are either acceptable or unacceptable.

    The majority of states, international organisations, and civil society groups have articulated clearly that nuclear weapons do not provide security and that the consequences of their use are wholly unacceptable. There is no ambiguity here. But the narrative of “conditions” ensures that nuclear disarmament is perpetually punted down the road to some unknown, possibly unattainable future state of affairs in which the world is at peace and security is guaranteed through some other imagined means.

    Most states reject this utopian view. The majority considers the prohibition and elimination of nuclear weapons to be a key step in the pursuit of peace, global justice, and security for all.

    Some states have already put this approach into practice. Sweden’s delegation explained that it discontinued its nuclear weapons research and development programme in the 1960s because it believed that abolition was the safest option both for its people and for the rest of the world. Focusing on preconditions, Sweden argued, will not help overcome challenges nor uphold commitments.

    At the 2000 NPT Review Conference, Sweden noted, the nuclear-armed states committed themselves unequivocally to eliminate their nuclear arsenals without any preconditions. Today, however, the nuclear-armed states and their allies have retracted from this commitment and from any other that rejects the legality or utility of nuclear weapons. They continue to pursue a path that has proven incapable of addressing the core obligation to eliminate nuclear weapons.

    The continued stalemate in pursuing the “building blocks” specified by nuclear weapons dependent governments suits their interests only. It supports and even seeks to legitimise the continued possession of nuclear weapons by a select few. These states reject the most feasible, practical, and meaningful “building block” available under current circumstances—the prohibition of nuclear weapons—precisely because it would be an effective measure for nuclear disarmament.

    Yet at the same time, they insist they do not have a predetermined course for action. “Each step builds on past steps and provides a foundation for future action,” argued the US delegation. “The temporary inability to make progress in one area does not preclude progress in others or prevent us from putting in place the building blocks for a comprehensive approach to disarmament.”

    This is a compelling argument for pursuing a treaty banning nuclear weapons. While the nuclear-armed states and their allies resist negotiations on the comprehensive elimination of these weapons, the rest of the world can begin to establish the framework for this by developing a clear legal standard prohibiting these weapons for all. This will take courage. But it is a logical, feasible, achievable, and above all, effective measure for nuclear disarmament.

  • Government Statements in Favor of a Nuclear Weapons Ban

    Ban Nuclear Weapons NowThe following quotes were compiled by the International Campaign to Abolish Nuclear Weapons in July 2014.

    “We join all peace-loving people in their call for a global treaty to outlaw and eliminate these instruments of human destruction.”
    Afghanistan (November 2012)

    “Argentina supports the efforts of the international community to move towards the negotiation of a universal legally binding instrument banning nuclear weapons.”
    Argentina (September 2013)

    “Nuclear weapons should be stigmatized, banned and eliminated before they abolish us.”
    Austria (September 2013)

    “[Burundi] solemnly expresses its readiness … to further work out a robust road map or action plan on totally banning nuclear weapons.”
    Burundi (February 2014)

    “Given the catastrophic consequences of the use of nuclear weapons, we must work to create a new international treaty explicitly prohibiting their use and possession, without any exceptions.”
    Chile (February 2014)

    “We insist on the urgency of an international legally binding instrument that prohibits the development, production, stockpiling and use of nuclear weapons.”
    Colombia (May 2010)

    “My delegation hopes that we are going to increase our cohesion and determination to fight for the prohibition of these weapons, which are a permanent threat to humanity.”
    Comoros (February 2014)

    “[T]he humanitarian approach must be the spearhead through which we focus our efforts towards negotiations on an instrument banning nuclear weapons.”
    Costa Rica (February 2014)

    “My country is open to all new initiatives that seek the prohibition of nuclear weapons.”
    Côte d’Ivoire (February 2014)

    “Cuba gives special priority to nuclear disarmament and highlights the need to adopt a legally binding international instrument that completely prohibits nuclear weapons.”
    Cuba (April 2013)

    “The only option is to eradicate this threat through the complete prohibition and elimination of nuclear weapons.”
    Ecuador (April 2013)

    “[W]e hope to deepen our understanding and develop more specific proposals for attaining concrete results, including the negotiation of an international legal instrument to abolish nuclear weapons.”
    El Salvador (February 2014)

    “Nuclear weapons should be totally banned.”
    Fiji (March 2013)

    “Ghana believes that among the variously advanced bases for the elimination of nuclear weapons, their humanitarian impact is the strongest and most compelling. We will continue to support this justification at any relevant forum as one of the most legitimate bases for a convention banning the production, stockpiling and use of nuclear weapons by any state.”
    Ghana (February 2014)

    “We consider it very important to create a legally binding instrument to ban nuclear weapons globally.”
    Guatemala (February 2014)

    “Let us use the momentum of this conference [Nayarit] to launch a program of action to begin the process of developing a global ethical norm and a legal ban on all nuclear weapons.”
    Holy See (February 2014)

    “The indiscriminate negative and calamitous impact on public health, the environment, food security, infrastructure, economic growth and sustainable development is most alarming and underscores the urgent need for a ban on these weapons.”
    Jamaica (April 2014)

    “[Jordan] joins the calls for the early start of negotiations on a legally binding instrument to ban nuclear weapons.”
    Jordan (February 2014)

    “It is the conviction of Kenya that it is time states considered a legal ban on nuclear weapons, even if nuclear-armed states refuse to participate.”
    Kenya (October 2013)

    “It is unacceptable that the deadliest weapons of all – nuclear weapons – are the only weapons of mass destruction not yet expressly prohibited by an international convention. A treaty banning the use, manufacture and possession of nuclear weapons is long overdue … there is a clear humanitarian imperative for us to start negotiations.”
    Kiribati (February 2014)

    “A ban treaty on nuclear weapons would complement existing international law.”
    Kuwait (March 2013)

    “We hope that there will be a universal treaty adopted in the near future to outlaw and eliminate all nuclear weapons.”
    Lebanon (February 2011)

    “Malawi realizes the fact that it is the duty and the responsibility of states and governments to take up the humanitarian discourse, and start negotiations for a multilateral legally binding instrument that will ban the production, testing, use and stockpiling of nuclear weapons.”
    Malawi (February 2014)

    “The growing support on this issue must now be translated into meaningful action towards a treaty to outlaw and eliminate nuclear weapons.”
    Malaysia (February 2014)

    “I reiterate the strong support of my government for achieving a global treaty to ban and eliminate nuclear weapons.”
    Mexico (July 2013)

    “One of the most urgent issues that needs to be addressed is the banning of nuclear weapons … it is high time to start negotiations.”
    Mongolia (September 2013)

    “We need to move towards action … to obtain the noble goal of banning nuclear weapons.”
    Morocco (February 2014)

    “[T]here is no doubt that the time has come for mankind and the international community to take the additional step of negotiating a total ban on the use of this type of weapon.”
    Nicaragua (February 2014)

    “We are concerned that, till now, there is no international treaty banning these weapons of mass destruction.”
    Nigeria (February 2014)

    “We are working along several different tracks to achieve the goal of a world without nuclear weapons. We are aiming at a genuine, total ban.”
    Norway (September 2011)

    “Palau believes that the time has come for a new diplomatic process to negotiate a legally binding instrument to ban nuclear weapons – even if the nuclear-armed states are unwilling to join such a process. By banning nuclear weapons outright, we would devalue and stigmatize them, which is necessary if we are to succeed in eliminating them.”
    Palau (May 2014)

    “We support the objective of banning nuclear weapons and eliminating them within a specified timeframe.”
    Palestine (February 2014)

    “It is only through a prohibition on the use and possession of nuclear weapons that we will achieve elimination.”
    Peru (March 2013)

    “The catastrophic humanitarian impact of any use of nuclear weapons underlines the urgent need for a ban on nuclear weapons.”
    Philippines (October 2013)

    “We hope that we will not wait long before we celebrate a universal treaty for disarmament and the prohibition of nuclear weapons.”
    Qatar (May 2010)

    “[There is an] urgent need to have a treaty banning nuclear weapons given the catastrophic humanitarian consequences of any use of nuclear weapons.”
    Samoa (September 2013)

    “We urge states that have not yet done so to amplify the momentum and join the vast movement for a binding international convention totally banning nuclear weapons.”
    Senegal (June 2014)

    “We must ban all research, testing, possession, stockpiling and use of nuclear weapons.”
    Sierra Leone (March 2013)

    “A world free from nuclear weapons would require the underpinning of a universal and multilaterally negotiated legally binding instrument that would ban the development, production, stockpiling and use of nuclear weapons and on their destruction.”
    South Africa (February 2011)

    “We continue to stress that states should move forward towards total elimination and the absolute ban of the nuclear arsenal.”
    Sri Lanka (April 2013)

    “Nuclear weapons should be banned completely and immediately.”
    Sudan (March 2013)

    “The Swiss government is engaged in pushing for the delegitimization of nuclear weapons as a preparatory step for a ban on nuclear weapons.”
    Switzerland (October 2012)

    “We join our region’s consensus on the urgent need to advance towards nuclear disarmament and the complete and general elimination of nuclear weapons, as well as towards the negotiation of a universal and legally binding instrument which prohibits their use.”
    Trinidad and Tobago (February 2014)

    “Ukraine supports the early start of negotiations on … a convention on the prohibition of nuclear weapons.”
    Ukraine (September 2013)

    “The strong consensus of the international community on the troubling humanitarian consequences of nuclear weapons should further be highlighted to facilitate a process of disarmament based on banning the use and ownership of nuclear weapons.”
    United Arab Emirates (May 2013)

    “I wish to show my full support … for a common effort to outlaw and eliminate nuclear weapons to ensure the safety of humankind around the world.”
    Vanuatu (October 2012)

    “It is for our good and the good of the future generations to ban this indiscriminate weapon. Clearly, there is no benefit to humanity of having or developing nuclear weapons … We reiterate our call to completely and totally ban nuclear weapons.”
    Zambia (May 2013)

  • After Mexico: Why an “Ottawa Process” for a Legal Ban of Nuclear Weapons Deserves Our Enthusiastic Support

    Alice SlaterThe 1970 Non-Proliferation Treaty (NPT),  extended indefinitely in 1995 when it was due to expire, provided that five nuclear weapons states which also happened to hold the veto power on the Security Council (P-5)– the US, Russia, UK, France, and China– would  “pursue negotiations in good faith” 1 for nuclear disarmament.  In order to buy the support of the rest of the world for the deal, the nuclear weapons states “sweetened the pot” with a Faustian bargain promising the non-nuclear weapons state an “inalienable right” 2  to so-called “peaceful” nuclear power, thus giving them the keys to the bomb factory. 3 Every country in the world signed the new treaty except for India, Pakistan, and Israel, which went on to develop nuclear arsenals.  North Korea, a NPT member, took advantage of the technological know-how it acquired through its “inalienable right” to nuclear power and quit the treaty to make its own nuclear bombs. Today there are nine nuclear weapons states with 17,000 bombs on the planet, 16,000 of which are in the US and Russia!

    At the 1995 NPT Review and Extension Conference, a new network of NGOs, Abolition 2000, called for immediate negotiations of a treaty to eliminate nuclear weapons and a phase out of nuclear power. 4  A Working Group of lawyers, scientists and policy makers drafted a Model Nuclear Weapons Convention 5 laying out all the necessary steps to be considered for the total elimination of nuclear weapons.  It became an official UN document and was cited in Secretary General Ban-ki Moon’s 2008 proposal for a Five Point Plan for Nuclear Disarmament.6 The NPT’s indefinite extension required Review Conferences every five years, with Preparatory Committee meetings in between.

    In 1996, the NGO World Court Project sought an Advisory Opinion from the International Court of Justice on the legality of the bomb.  The Court ruled unanimously that an international obligation exists to “conclude negotiations on nuclear disarmament in all its aspects”, but disappointingly said only that the weapons are “generally illegal” and held that it was unable to decide whether it would be legal or not to use nuclear weapons “when the very survival of a state was at stake.”7 Despite the NGOs best efforts at lobbying for continued promises given by the P-5 at subsequent NPT reviews, progress on nuclear disarmament was frozen. In 2013, Egypt actually walked out of an NPT meeting because a promise made in 2010 to hold a conference on a Weapons of Mass Destruction Free Zone in the Middle East (WMDFZ) had still not taken place, even though a promise for a WMDFZ was offered to the Middle East states as a bargaining chip to get their vote for the indefinite extension of the NPT nearly 20 years earlier in 1995.

    In 2012, the International Committee of the Red Cross made an unprecedented breakthrough effort to educate the world that there was no existing legal ban on the use and possession of nuclear weapons despite the catastrophic humanitarian consequences that would result from nuclear war, thus renewing public awareness about the terrible dangers of nuclear holocaust.8 A new initiative, International Campaign to Abolish Nuclear Weapons (ICAN)9 had been launched to make known the disastrous effects to all life on earth should nuclear war break out, either by accident or design, as well as the inability of governments at any level to adequately respond.  They are calling for a legal ban on nuclear weapons, just as the world had banned chemical and biological weapons, as well as landmines and cluster munitions.  In 1996, NGOs in partnership with friendly nations, led by Canada, met in Ottawa, in an unprecedented circumvention of the blocked UN institutions to negotiate a treaty to ban on landmines.  This became known as the “Ottawa Process” which was also used by Norway in 2008, when it hosted a meeting outside the blocked UN negotiating fora to hammer out a ban on cluster munitions.10

    Norway also took up the call of the International Red Cross in 2013, hosting a special Conference on the Humanitarian Effects of Nuclear Weapons. The Oslo meeting took place outside of the usual institutional settings such as the NPT, the Conference on Disarmament in Geneva and the First Committee of the General Assembly, where progress on nuclear disarmament has been frozen because the nuclear weapons states are only willing to act on non- proliferation measures, while failing to take any meaningful steps for nuclear disarmament. This, despite a host of empty promises made over the 44 year history of the NPT, and nearly 70 years after the 1945 bombing of Hiroshima and Nagasaki.  The P-5 boycotted the Oslo conference, issuing a joint statement claiming it would be a “distraction” from the NPT!  Two nuclear weapons states did show up—India and Pakistan, to join the 127 nations that came to Oslo and those two nuclear weapons states again attended this year’s follow-up conference hosted by Mexico, with 146 nations.

    There is transformation in the air and a shift in the zeitgeist in how nations and civil society are addressing nuclear disarmament. They are meeting in partnership in greater numbers and with growing resolve to negotiate a nuclear ban treaty which would prohibit the possession, testing, use, production and acquisition of nuclear weapons as illegal, just as the world has done for chemical and biological weapons. The ban treaty would begin to close the gap in the World Court decision which failed to decide if nuclear weapons were illegal in all circumstances, particularly where the very survival of a state was at stake. This new process is operating outside of the paralyzed institutional UN negotiating structures, first in Oslo, then in Mexico with a third meeting planned in Austria, this very year, not four years later in 2018 as proposed by the non-aligned movement of countries which fail to grasp the urgent need to move swiftly for nuclear abolition, and has not received any buy-in from the recalcitrant P-5. Indeed, the US, France and UK didn’t even bother to send a decent representative to the first high level meeting in history for heads of state and foreign ministers to address nuclear disarmament at the UN’s General Assembly last fall.  And they opposed the establishment of the UN Open Ended Working Group for Nuclear Disarmament that met in Geneva in an informal arrangement with NGOs and governments, failing to show up for a single meeting held during the summer of 2013.

    At Nayarit, Mexico, the Mexican Chair sent the world a Valentine on February 14, 2014 when he concluded his remarks to a standing ovation and loud cheers by many of the government delegates and the NGOs in attendance saying:

    The broad-based and comprehensive discussions on the humanitarian impact of nuclear weapons should lead to the commitment of States and civil society to reach new international standards and norms, through a legally binding instrument. It is the view of the Chair that the Nayarit Conference has shown that time has come to initiate a diplomatic process conducive to this goal. Our belief is that this process should comprise a specific timeframe, the definition of the most appropriate fora, and a clear and substantive framework, making the humanitarian impact of nuclear weapons the essence of disarmament efforts. It is time to take action. The 70th anniversary of the Hiroshima and Nagasaki attacks is the appropriate milestone to achieve our goal. Nayarit is a point of no return. (emphasis added)

    The world has begun an Ottawa process for nuclear weapons that can be completed in the very near future if we are united and focused!    One obstacle that is becoming apparent to the success of achieving a broadly endorsed ban treaty is the position of “nuclear umbrella” states such as Japan, Australia, South Korea and NATO members. They ostensibly support nuclear disarmament but still rely on lethal “nuclear deterrence”, a policy which demonstrates their willingness to have the US incinerate cities and destroy our planet on their behalf.

    Achieving a ban treaty negotiated without the nuclear weapons states would give us a cudgel to hold them to their bargain to negotiate for the total elimination of nuclear weapons  in a reasonable time by shaming them for not only failing to honor the NPT but for totally undermining their “good faith” promise for nuclear disarmament. They continue to test and build new bombs, manufacturing facilities, and delivery systems while Mother Earth is assaulted with a whole succession of so-called “sub-critical” tests, as these outlaw states continue to blow up plutonium underground at the Nevada and Novaya Zemlya test sites.  The P-5’s insistence on a “step by step” process, supported by some of the nuclear “umbrella states”, rather than the negotiation of a legal ban demonstrates their breathtaking hypocrisy as they are not only modernizing and replacing their arsenals, they are actually spreading nuclear bomb factories around the world in the form of nuclear reactors for commercial gain, even ”sharing” this lethal technology with India, a non-NPT party, an illegal practice in violation of the NPT prohibition against sharing nuclear technology with states that failed to join the treaty.

    With a follow up meeting coming in Austria, December 8-9 of this year, we should be strategic in pushing the impetus forward for a legal ban. We need to get even more governments to show up in Vienna, and make plans for a massive turnout of NGOs to encourage states to come out from under their shameful nuclear umbrella and to cheer on the burgeoning group of peace-seeking nations  in our efforts to end the nuclear scourge!

    Check out the ICAN campaign to find out how you can participate in Vienna.

    Endnotes

    1. “Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament.”

    2. Article IV: “Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination…”

    3. http://www.un.org/en/conf/npt/2005/npttreaty.html

    4. www.abolition2000.org

    5. Securing Our Survival: http://www.disarmsecure.org/pdfs/securingoursurvival2007.pdf

    6. http://www.un.org/disarmament/WMD/Nuclear/sg5point.shtml

    7. http://www.icj-cij.org/docket/index.php?p1=3&p2=4&k=e1&p3=4&case=95

    8. http://www.icrc.org/eng/war-and-law/weapons/nuclear-weapons/overview-nuclear-weapons.htm

    9. www.icanw.org

    10. http://www.stopclustermunitions.org/treatystatus/