Tag: international law

  • U.S. Military Action Undermines the Rule of Law

    When it was first announced by President Clinton that the United States would launch a military strike against Iraq, I wondered about the legality of this attack under international law. I carefully read President Clinton’s speech announcing the attack, and found a reference to a UN Security Council resolution that condemned Iraq’s defiance of the UN inspection team by a vote of 15 to zero. Upon review of the resolution, however, I found that it contained no authorization for the use of force against Iraq. Nor did any previous Security Council resolution, except for the 1991 resolution authorizing the removal of Iraqi forces from Kuwait, an issue clearly not relevant to the current situation.

    President Clinton announced that the purpose of the military action was “to attack Iraq’s nuclear, chemical and biological weapons and its military capacity to threaten its neighbors.” Clinton and his security advisors, who he announced were unanimous in their recommendation to attack, were responding to a report filed by Richard Butler, the head of the UN inspection team in Iraq.

    But this is what the Washington Post wrote about Butler’s report, “Butler’s conclusions were welcome in Washington, which helped orchestrate the terms of the Australian diplomat’s report. Sources in New York and Washington said Clinton officials played a direct role in shaping Butler’s text during multiple conversations with him Monday at secure facilities in the U.S. mission to the United Nations.”

    The article in the Washington Post also pointed out that a “companion report” by the International Atomic Energy Agency expressed “broad satisfaction with Iraq’s cooperation.”

    What this suggests is that there were reasonable differences of opinion about Iraq’s cooperation with the UN, and that there was improper collusion between Richard Butler, the head of the UN inspection team who is supposed to act in a neutral manner, and U.S. officials. If this is true, Butler was clearly acting in an improper manner and bears some of the responsibility for the military action against Iraq. If it is true, Kofi Annan should act immediately to fire Butler.

    President Clinton justified the attack as being necessary “to protect the national interest of the United States, and indeed the interests of people throughout the Middle East and around the world.” This justification raises many questions. What was the “national interest” that was being protected? How was it determined? Should any country have the right to attack another country in the name of national interest without proper authority under international law?

    The behavior of President Clinton and his “security team” sends the wrong message to the international community. It is a similar message to the one they sent when they attacked a pharmaceutical plant in Sudan, which they unconvincingly claimed was a chemical weapons factory.

    The message we are sending to the world is that we are the big boys on the block, and we are willing to throw our weight around regardless of the law. The Russian Duma referred to our attack in a nearly unanimous vote as “international terrorism.” This does not bode well for our future relations with the Russians.

    The Pakistani Parliament unanimously characterized the military action against Iraq as “an attaack on humanity and the Islamic world.” This does not bode well for our relations with other Islamic nations.

    Of the many consequences of our attack against Iraq, I believe the most serious is our undermining of the rule of law. For any use of force against Iraq, we should have had express authority from the UN Security Council, which in all of its resolutions on this matter indicated clearly that it would “remain actively seized of the matter.” By choosing not to do so, we once again demonstrated our willingness to defy international law for vague reasons of national interest.

    The bottom line is that our attack against Iraq was bullyism, and undermines international law. It did not serve the interests of the United States, nor of the world. Kofi Annan had it right when he said, “This is a sad day for the United Nations and for the world.”

  • General Lee Butler on NATO’s Nuclear Policy

    Jean-Pol Poncelet
    Minister of Defense
    Belgian Ministry of Defense
    Belgium
    Via Fax: 32-2-550-29-19

    Dear Defense Minister Poncelet,

    German Foreign Minister Joschka Fischer’s suggestion that NATO revise its nuclear doctrine is most welcome. As you discuss these matters with your colleagues it may be that my own experience in thinking through this question as the Director of Strategic Plans and Policy for the U. S. armed forces during the Gulf war might be helpful. I was equally engaged in the matter of prospective nuclear response to attack by WMD during my tenure as Commander-in-Chief of U. S. Strategic Command during the period 1991 to 1994.

    As you are keenly aware, the Gulf War presented us with the very real possibility of confronting such an attack by the forces of Iraq. We went through the exercise of imagining how it might unfold and examining a variety of response options. My personal conclusion was that under any likely attack scenario, a nuclear reply by the United States and its allies was simply out of the question.

    First, from a purely military perspective, the coalition forces had the conventional capability to impose any desired war termination objectives on Iraq, to include unconditional surrender and occupation. For a variety of reasons, we elected not to go to that extreme but it was clearly an option in the face of a WMD attack.

    Second, given our conventional superiority, and the nature of the war zone, the use of nuclear weapons simply made no tactical nor strategic sense. General Powell noted in his memoirs that several weapons would have been required to mount any sort of effective campaign against military targets, an option that Secretary Cheney immediately rejected – and understandably so. Further, whatever the immediate battlefield effects, the problems of radioactive fall-out carrying over into friendly forces or surrounding countries were unfathomable.

    Third, the larger political issues were insurmountable. What could possibly justify our resort to the very means we properly abhor and condemn? How could we hold an entire society accountable for the decision of a single demented leader who holds his own country hostage? Moreover, the consequences for the nonproliferation regime would have been severe. By joining our enemy in shattering the tradition of non-use that had held for 45 years, we would have destroyed U.S. credibility as leader of the campaign against nuclear proliferation; indeed, we would likely have emboldened a whole now array of nuclear aspirants.

    In short, in a singular act we would have martyred our principal foe, alienated our friends, destroyed the coalition so painstakingly constructed, given comfort to the non-declared nuclear states and impetus to states who seek such weapons covertly.

    In the end, we tried to have it both ways, privately ruling out a nuclear reply while maintaining an ambiguous declaratory policy. The infamous and widely misre-presented letter from Secretary Baker to Baghdad was ill-advised; in fact, Iraq violated with impunity one of its cardinal prohibitions by torching Kuwait’s oil fields.

    When I left my J-5 post in Washington and took up this issue as CINCSTRAT, I found all of the foregoing cautions to be relevant across a wide spectrum of prospective targets in a variety of so-called rogue nations. I ultimately concluded that whatever the utility of a First Use policy during the Cold War, it is entirely inappropriate to the new global security environment; worse, it is counterproductive to the goal of nonproliferation and antithetical to the values of democratic societies.

    Please forgive this rather abrupt intrusion into your deliberations. Obviously, I would not take such a liberty if I did not believe it was warranted by the import and the urgency of the issue.

    Warm regards,

    Lee Butler
    General, USAF (Retired)
    11122 Williams Plaza
    Omaha, NE 68144

    The letter was sent to the following official:.

    Jean-Pol Poncelet
    Minister of Defense
    Belgian Ministry of Defense
    Belgium
    Via Fax: 32-2-550-29-19

    Art Eggleton
    Minister of Defense
    Canadian Department of National Defense
    Canada
    Via Fax: 613-995-8189

    Hans Haekkerup
    Minister of Defense
    Royal Danish Ministry of Defense
    Denmark
    Via Fax: 45-33-32-0655

    Akis Tsohatzpoulos
    Minister of Defense
    Greek Ministry of Defense
    Greece
    Via Fax: 301-644-3832

    Eduardo Serra Rexach
    Minister of Defense
    Spanish Ministry of Defense
    Spain
    Via Fax: 34-91-55-63958

    Joris Voorhoeve
    Minister of Defense
    Dutch Ministry of Defense
    The Netherlands
    Via Fax: 31-70-345-9189

    Ismet Sezgin
    Minister of Defense
    Turkish Ministry of Defense
    Turkey
    Via Fax: 90-312-418-3384

    Jose Veiga Simao
    Minister of Defense
    Portugese Ministry of Defense
    Portugal
    Via Fax: 351-1-301-95-55

    Beniamino Andreatta
    Minister of Defense
    Italian Ministry of Defense
    Italy
    Via Fax: 39-06-488-5756

    Rudolf Scharping
    Minister of Defense
    German Ministry of Defense
    Germany
    Via Fax: 49-228-12-5255

    Dag Jostein Fjaevoll
    Minister of Defense
    Norwegian Ministry of Defense
    Norway
    Via Fax: 47-23-09-2323

    George Roberston
    Minster of Defence
    UK Ministry of Defence
    United Kingdom
    Via Fax: 44-171-218-7140

    Alain Richard
    Minister of Defense
    French Ministry of Defense
    France
    Via Fax: 33-1-47-05-40-91
    Hallder Asgrimsson
    Minister of Foreign Affairs
    Icelandic Ministry of Foreign Affairs
    Iceland
    Via Fax: 354-562-2373

    Alex Bodry
    Foreign Minister
    Ministere de la Force Publique
    Luxembourg
    Via Fax: 352-46-26-82

  • UN Committee Passes Nuclear Disarmament Resolution

    The United Nations First Committee (Disarmament and International Security), by a vote of 100 in favour, 25 against and 23 abstentions, today adopted resolution A/C.1/53/L.45, entitled “Follow-up to the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons.”

    The resolution welcomes the conclusion of the ICJ “that there exists an obligation to pursue in good faith and bring to a conclusion negotiations on nuclear disarmament in all its aspects” and calls for “all states to immediately fulfill that obligation by commencing multilateral negotiations in 1999 leading to an early conclusion of a nuclear weapons convention…”

    A separate vote on operative paragraph paragraph one, which welcomes the ICJ’s conclusion, was supported by 133 states, with 5 opposing and 5 abstaining.

    Among the nuclear weapons states, China, India and Pakistan supported the resolution, while the others opposed. The UK did however abstain on operative paragraph 1.

    Explanations of vote were given by Luxembourg (on behalf of themselves, Netherlands and Belgium), Chile, the UK, USA, Japan, Aotearoa-New Zealand, South Korea and Germany.

    Germany’s statement explaining its opposition, emphasised that it could only move forward on nuclear disarmament initiatives in cooperation with its NATO partners. There was thus no indication that the new government, a Green Social Democrat coalition, would implement its agreed policy on disarmament which supports unilateral disarmament initiatives including a reduction of alert status and renunciation of the first-use policy. Unlike Germany, the NATO states of Norway, Denmark and Iceland abstained.

    Statements of Japan, USA, UK, and Luxembourg were similar to those they made when the resolution was before the United Nations last year.

    Aotearoa-New Zealand noted that while they supported the call for the complete elimination of nuclear weapons, and that a nuclear weapons convention could be the instrument to complete the task, they also believed that the final goal may be a different agreement or framework of agreements. Thus resolution L.48 (Towards a nuclear-weapon- free world: the need for a new agenda) more accurately reflected their position.

    Chile expressed shock that countries could vote against operative paragraph 1 which was an expression of international law. They reminded the assembly of the elements of international law which led to the unanimous conclusion regarding the disarmament obligation. They noted the other unanimous conclusions of the ICJ regarding the application of international humanitarian law to any threat or use of nuclear weapons, and the lack of any specific authorization for any threat or use of nuclear weapons in international law. Finally, Chile noted that any possession of nuclear weapons in a region of conflict would constitute a threat of their use and thus be in violation of international law.

    The resolution will be forwarded to the plenary of the General Assembly for a final vote in early December.

  • United Nations Considering Two Resolutions That Would Advance the Elimination of Nuclear Weapons; Support Needed for New Agenda Coalition and Malaysian Resolutions

    The New Agenda Coalition (NAC) and Malaysia have submitted two resolutions in the United Nations which will advance the goals of Abolition 2000. The NAC Resolution, organized by the Eight Nation Intitiative of Ireland, Sweden, South Africa, Mexico, Brazil, Egypt, New Zealand, and Slovenia, calls on the nuclear weapons states ” to demonstrate an unequivocal commitment to the speedy and total elimination of their respective nuclear weapons and without delay to pursue in good faith and bring to a conclusion negotiations leading to the elimination of these weapons, thereby fulfilling their obligations under Article VI of the Treaty on the Nonproliferation of Nuclear Weapons (NPT).”

    The Malaysian government has called for the commencement of “multilateral negotiations in 1999 leading to an early conclusion of a nuclear weapons convention.” The two resolutions are complementary, and both work to further the Abolition 2000 agenda.

    IT IS CRITICAL THAT WE GAIN THE SUPPORT OF OUR GOVERNMENTS FOR THESE IMPORTANT INITIATIVES!

    The co-sponsors of the NAC resolution are Benin, Botswana, Brazil, Cameroon, Chile, Colombia, Costa Rica, Ecuador, Egypt, El Salvador, Guatemala, Ireland, Lesotho, Liberia, Malaysia, Mali, Mexico, New Zealand-Aotearoa, Nigeria, Peru, Samoa, Slovenia, Solomon Islands, South Africa, Swaziland, Sweden, Thailand, Togo, Uruguay, and Venezuela.

    The co-sponsors of the Malaysian resolution are Algeria, Bangladesh, Brazil, Brunei, Darussalam, Burundi, Columbia, Costa Rica, Ecuador, Egypt, El Salvador, Fiji, Ghana, Guyana, Honduras, Indonesia, Iran, Iraq, Jamaica, Kenya, Lao People’s Democratic Republic, Losotho, Malawi, Malaysia, Mexico, Mongolia, Mynamar, Namibia, Niger, Nigeria, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Samoa, San Marino, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, Sudan, Suriname, Thailand, United Arab Emirates, Uruguay, Vietnam, and Zimbabwe.

    If your government is NOT listed on both of the resolutions above, please activate your grassroots networks to send letters urging your government to vote in favor of the resolutions. (If they are on the list of sponsors, thank them for their efforts.)

    Time is short! Voting on all the NAC resolution may occur between November 6-13.

  • Appeal on Proposed Transport of Spent Nuclear Fuel from Kozloduy to Russia Vienna, Austria

    Signed by 46 Representatives of European NGOs

    We, undersigned representatives of environmental organizations, scientists, politicians, are in strong opposition to proposed transportation of spent nuclear fuel from Bulgarian nuclear plant Kozloduy to Russia for the reprocessing. Spent nuclear fuel is high-level nuclear waste produced by nuclear industry and its transportation poses significant danger to the environment and population of the countries through which the spent nuclear fuel will be transported. According to the agreement between the governments of Bulgaria, Russia, Ukraine and Moldova, signed on November 28, 1997, in Sofia (Bulgaria) the Kozloduy’s spent nuclear fuel must be transported to Russian reprocessing facility “Mayak” through Ukraine and Moldova. There were already many protests by citizen’s groups in these countries against the proposed nuclear transport, even the Moldovian Environmental Minister asserted that the transportation through the terrotory of Moldova is illegal. These weren’t taken into account by the governmental institutions in all four countries. Citizens’ rights for healthy environment and access to information are totally ignored by the mentioned agreement: population of participating countries aren’t informed about the risk of nuclear transportation which, in case of an accident, could cause a great damage to the environment and public health. According to the statistical data of Russian Ministry of Atomic Power, 43% of all the nuclear incidents occurred during transportation in different stages of nuclear-fuel cycle. Reprocessing of spent nuclear fuel is the most dangerous process the nuclear-fuel cycle consist of – largest nuclear accident in USSR happened to “Mayak” reprocessing facility in 1957 when the amount of radioactivity that was released to the environment was 2,5 times more than during Chernobyl accident. Reprocessing creates additional liquid radioactive waste which quantity is 160 times more, compared to spent nuclear fuel’ amount before reprocessing. According to acting Russian legislative act – decree No. 773 signed by the President of Russia on July 29, 1995 – waste of reprocessing will be sent back to Bulgaria. The Bulgarian public isn’t informed about this condition. Total ignorance of public right by the governments of post-communist countries can seriously damage the process of establishing democratic traditions in Eastern Europe. The public will must be respected. Eastern governments should run the public participation procedures for such a controversial issues through which public may express its concerns.

    We demand to cancel the plan for transportation of Kozloduy’s spent nuclear fuel through Ukraine and Moldova to Russia, as well as its reprocessing. No more spent nuclear fuel should be produced or transported by Bulgaria. Investments should be made into: the finding of a solution for spent nuclear fuel problem right at the Kozloduy’ site immediately; development of renewable sources of energy and energy-efficiency programs in Bulgaria in order to replace dangerous and unnecessary nuclear power reactors.

    Signature:
    46 REPRESENTATIVES OF EUROPEAN NGOS
    Date and Place:
    VIENNA/AUSTRIA, SEPT 25-27, 1998

  • The Legal Case for Nuclear Weapons Abolition

    The legal case for abolishing nuclear weapons is only one of many that can and should be made. Nuclear weapons place the future of humanity, indeed of all life, in jeopardy. They are not even weapons in any traditional sense. They kill indiscriminately. They cause unnecessary suffering that affects present and future generations. They have no legitimate use in warfare. They are instruments of genocide that no sane person or society would contemplate using.

    The questions that I will address are these: Is the threat or use of nuclear weapons illegal under international law? Is the United States under a legal obligation to eliminate its nuclear arsenal? The answer to both questions is Yes, and it seems to me remarkable that the U.S. media has been nearly silent with regard to these issues.

    A small breakthrough in this area occurred in June 1998 when Max Frankel, the distinguished columnist and former editor of the New York Times, wrote in the New York Times Magazine: “If I and other observers had resisted the nuclear club’s double standard and exposed its hollow assumptions about human nature, the world might by now have devised more effective international controls over atomic weapons. The have-nots might have been appeased if they had been given a major voice in a strong international inspection agency and the right to pry even into the monopolists’ stockpiles — including ours. Instead we have wasted the half century since Hiroshima and provoked a chain reaction that is truly prolific.”

    Let me offer a syllogism, an expression of logic: All states are subject to international law. The United States is a state. Therefore, the United States is subject to international law.

    Unfortunately, not everyone agrees with the logic that our country is subject to international law. Senator Alfonse D’Amato, for example, was recently quoted in the Los Angeles Times as stating, “To hell with international law….You’ve got a choice to make. You’re either with us or against us, and I only hope for your sake you make the right choice.”

    One choice is the rule of law. The other is the rule of force. I would argue that the right choice is international law. It is in the interests of our country and all countries to abide by the rule of law. Either way, we can be assured that other countries will follow our lead.

    International law is made in two ways — by treaties, which require the agreement of nations, and by such widespread agreement on issues of law that the law is accepted as customary international law. Both means carry the force of law in the international system.

    The treaty which is most relevant to the abolition of nuclear weapons is the Nuclear Non-Proliferation Treaty (NPT), which was opened for signatures in 1968 and entered into force in 1970. This treaty seeks to prevent the proliferation of nuclear weapons to states which did not possess them prior to January 1, 1967. The five permanent members of the United Nations Security Council (U.S., Russia, UK, France and China) are the states recognized in the NPT as possessing nuclear weapons prior to this date.

    In return for the non-nuclear weapons states promising not to acquire nuclear weapons, the five nuclear weapons states promised in Article VI of the NPT to pursue good faith negotiations for a cessation of the nuclear arms race at an early date and for nuclear disarmament.

    When the NPT was extended indefinitely in 1995, the nuclear weapons states promised the “determined pursuit…of systematic and progressive efforts” to achieve nuclear disarmament. For most states in the world, as reflected in their votes in the UN General Assembly, the efforts of the nuclear weapons states in this regard have been far from satisfactory.

    The customary international law most relevant to the legality of the threat or use of nuclear weapons is international humanitarian law. This is part of the law of armed conflict, and was developed to set limits on the use of force in armed conflict for humanitarian purposes. The basic premise is that the means of injuring the enemy are not unlimited. Put another way, all is not fair (or legal) in warfare.

    Under international law, a state cannot use weapons that fail to discriminate between civilians and combatants. Nor can a state use weapons that cause unnecessary suffering to combatants such as dum-dum bullets.

    In December 1994 the United Nations General Assembly asked the International Court of Justice, the highest judicial body in the world on matters of international law, for an advisory opinion on the legality of the threat or use of nuclear weapons. The exact question asked was: “Is the threat or use of nuclear weapons in any circumstance permitted under international law?”

    The United States, joined by the UK, France, and Russia, argued to the Court that it should not hear the case because this was a political rather than legal issue. The Court, turning aside these arguments, issued its historic opinion on July 8, 1996. It was an opinion of great significance for humanity, but to date it has been largely ignored by the U.S. and its NATO allies. It has also been largely ignored by the U.S. media.

    The Court began by unanimously finding that international law does not provide specific authorization of the threat or use of nuclear weapons. On the other hand, the Court found that international law did not contain “any comprehensive and universal prohibition of the threat or use of nuclear weapons as such.” Three of the 14 judges — Judge Koroma of Sierra Leone, Judge Shahabuddeen of Guyana, and Judge Weeramantry of Sri Lanka — voted against this position, and issued powerful dissenting opinions.

    The Court then went on to state unanimously that any threat or use of nuclear weapons for purposes other than self-defense, in accord with articles 2(4) and 51 of the United Nations Charter, was prohibited. It followed this statement with the unanimous conclusion that a threat or use of nuclear weapons must also meet the requirements of the principles and rules of international humanitarian law.

    Earlier in its opinion, the Court had referred to “cardinal principles” of humanitarian law as follows: “The first is aimed at the protection of the civilian population and civilian objects and establishes the distinction between combatants and non-combatants; States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets. According to the second principle, it is prohibited to cause unnecessary suffering to combatants: it is accordingly prohibited to use weapons causing them such harm or uselessly aggravating their suffering. In application of that second principle, States do not have unlimited freedom of choice of means in the weapons they use.” The Court also made clear that if a use would be unlawful, the threat of such use would also be unlawful.

    Based upon its findings with regard to the application of international law to nuclear weapons, the Court reached an unusual two-paragraph conclusion that began, “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.”

    The Court continued with a second paragraph stating that the current state of international law and the elements of fact at its disposal did not allow the Court to “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.” This indetermination by the Court when “the very survival of a state would be at stake,” must be read in connection with the absolute prohibition of violating international humanitarian law. Thus, even in an extreme circumstance of self-defense, it would be necessary to avoid injuring a civilian population and causing unnecessary suffering to combatants. This would not be possible by means of using nuclear weapons for retaliation against a civilian population.

    The vote on this two-paragraph conclusion was 7 to 7, with the President of the Court casting the deciding vote, according to the rules of the Court. However, when you analyze who voted against the conclusion you find that the three judges from Western nuclear weapons states were joined by the three judges who found an absolute prohibition on nuclear weapons. The Japanese judge also voted against this conclusion because he opposed the issue coming before the Court. Thus, a better reading of this vote would have ten supporting the conclusion or going further and arguing for an absolute prohibition, and only the judges from the U.S., UK and France opposing it because they found that the threat or use of nuclear weapons would not be “generally” illegal.

    The Court went on to state unanimously: “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.” In 1996 and 1997 the United Nations General Assembly passed resolutions urging the nuclear weapons states to fulfill this obligation.

    In issuing the Court’s opinion, Judge Bedjaoui, the then president of the Court, referred to nuclear weapons as “the ultimate evil” and declared, “Nuclear weapons can be expected — in the present state of scientific development at least — to cause indiscriminate victims among combatants and non-combatants alike, as well as unnecessary suffering among both categories. The very nature of this blind weapon therefore has a destabilizing effect on humanitarian law which regulates discernment in the type of weapon used.”

    Judge Bedjaoui also argued that it would be “quite foolhardy…to set the survival of a State above all other considerations, in particular above the survival of mankind itself.”

    I will conclude with a few observations.

    First, the threat or use of nuclear weapons is illegal in any conceivable circumstance. Therefore, current U.S. and NATO policies relying upon nuclear weapons are illegal under international law.

    Second, the U.S. has not been fulfilling its obligation under international law to negotiate the complete elimination of nuclear weapons under strict and effective international control.

    Third, the likely outcome of this failure of leadership by the U.S. is the breakdown of the Non-Proliferation Treaty at its year 2000 Review Conference. The nuclear testing by India and Pakistan can be linked to India’s strong opposition to what it has termed “nuclear apartheid,” that is the continued reliance on nuclear weapons by a small group of states that have failed to fulfill their obligations under international law.

    Fourth, the U.S. media has not played a constructive role in analyzing this situation, and reporting on it to the American people.

    Fifth, current U.S. policies make the American people and the U.S. media unwitting accomplices in policies that threaten the mass murder of hundreds of millions of innocent people. If these weapons are used ever again, by accident or design, history — if there is a history — will judge the American people harshly for not demanding the abolition of these weapons when the opportunity to do so presented itself with the end of the Cold War.

    At the outset, I said that the legal case for abolishing nuclear weapons is only one of many that can be made. The legal case is important, but the most important case that can be made is the moral case. To abolish nuclear weapons is to uphold the sanctity of life. I will conclude by quoting Lee Butler, a former commander of the U.S. Strategic Command and an eloquent spokesman for abolishing these weapons. General Butler stated: “We cannot at once keep sacred the miracle of existence and hold sacrosanct the capacity to destroy it. It is time to reassert the primacy of individual conscience, the voice of reason and the rightful interests of humanity.” This cannot be done without the active participation of the media in analyzing and communicating the case for nuclear weapons abolition to the American people.

  • 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.

  • 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.

  • Treaty on the Non-Proliferation of Nuclear Weapons (NPT)

    The States concluding this Treaty, hereinafter referred to as the Parties to the Treaty,

    Considering the devastation that would be visited upon all mankind by a nuclear war and the consequent need to make every effort to avert the danger of such a war and to take measures to safeguard the security of peoples,

    Believing that the proliferation of nuclear weapons would seriously enhance the danger of nuclear war,

    In conformity with resolutions of the United Nations General Assembly calling for the conclusion of an agreement on the prevention of wider dissemination of nuclear weapons,

    Undertaking to co-operate in facilitating the application of International Atomic Energy Agency safeguards on peaceful nuclear activities,

    Expressing their support for research, development and other efforts to further the application, within the framework of the International Atomic Energy Agency safeguards system, of the principle of safeguarding effectively the flow of source and special fissionable materials by use of instruments and other techniques at certain strategic points,

    Affirming the principle that the benefits of peaceful applications of nuclear technology, including any technological by-products which may be derived by nuclear-weapon States from the development of nuclear explosive devices, should be available for peaceful purposes to all Parties to the Treaty, whether nuclear-weapon or non-nuclear-weapon States,

    Convinced that, in furtherance of this principle, all Parties to the Treaty are entitled to participate in the fullest possible exchange of scientific information for, and to contribute alone or in co-operation with other States to, the further development of the applications of atomic energy for peaceful purposes,

    Declaring their intention to achieve at the earliest possible date the cessation of the nuclear arms race and to undertake effective measures in the direction of nuclear disarmament,

    Urging the co-operation of all States in the attainment of this objective,

    Recalling the determination expressed by the Parties to the 1963 Treaty banning nuclear weapons tests in the atmosphere, in outer space and under water in its Preamble to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time and to continue negotiations to this end,

    Desiring to further the easing of international tension and the strengthening of trust between States in order to facilitate the cessation of the manufacture of nuclear weapons, the liquidation of all their existing stockpiles, and the elimination from national arsenals of nuclear weapons and the means of their delivery pursuant to a Treaty on general and complete disarmament under strict and effective international control,

    Recalling that, in accordance with the Charter of the United Nations, States must refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations, and that the establishment and maintenance of international peace and security are to be promoted with the least diversion for armaments of the world’s human and economic resources,

    Have agreed as follows:

    Article I

    Each nuclear-weapon State Party to the Treaty undertakes not to transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly, or indirectly; and not in any way to assist, encourage, or induce any non-nuclear-weapon State to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices.

    Article II

    Each non-nuclear-weapon State Party to the Treaty undertakes not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices.

    Article III

    1. Each non-nuclear-weapon State Party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency in accordance with the Statute of the International Atomic Energy Agency and the Agency’s safeguards system, for the exclusive purpose of verification of the fulfilment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. Procedures for the safeguards required by this Article shall be followed with respect to source or special fissionable material whether it is being produced, processed or used in any principal nuclear facility or is outside any such facility. The safeguards required by this Article shall be applied on all source or special fissionable material in all peaceful nuclear activities within the territory of such State, under its jurisdiction, or carried out under its control anywhere.

    2. Each State Party to the Treaty undertakes not to provide: (a) source or special fissionable material, or (b) equipment or material especially designed or prepared for the processing, use or production of special fissionable material, to any non-nuclear-weapon State for peaceful purposes, unless the source or special fissionable material shall be subject to the safeguards required by this Article.

    3. The safeguards required by this Article shall be implemented in a manner designed to comply with Article IV of this Treaty, and to avoid hampering the economic or technological development of the Parties or international co-operation in the field of peaceful nuclear activities, including the international exchange of nuclear material and equipment for the processing, use or production of nuclear material for peaceful purposes in accordance with the provisions of this Article and the principle of safeguarding set forth in the Preamble of the Treaty.

    4. Non-nuclear-weapon States Party to the Treaty shall conclude agreements with the International Atomic Energy Agency to meet the requirements of this Article either individually or together with other States in accordance with the Statute of the International Atomic Energy Agency. Negotiation of such agreements shall commence within 180 days from the original entry into force of this Treaty. For States depositing their instruments of ratification or accession after the 180-day period, negotiation of such agreements shall commence not later than the date of such deposit. Such agreements shall enter into force not later than eighteen months after the date of initiation of negotiations.

    Article IV

    1. 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 and in conformity with Articles I and II of this Treaty.

    2. All the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do so shall also co-operate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world.

    Article V

    Each Party to the Treaty undertakes to take appropriate measures to ensure that, in accordance with this Treaty, under appropriate international observation and through appropriate international procedures, potential benefits from any peaceful applications of nuclear explosions will be made available to non-nuclear-weapon States Party to the Treaty on a non-discriminatory basis and that the charge to such Parties for the explosive devices used will be as low as possible and exclude any charge for research and development. Non-nuclear-weapon States Party to the Treaty shall be able to obtain such benefits, pursuant to a special international agreement or agreements, through an appropriate international body with adequate representation of non-nuclear-weapon States. Negotiations on this subject shall commence as soon as possible after the Treaty enters into force. Non-nuclear-weapon States Party to the Treaty so desiring may also obtain such benefits pursuant to bilateral agreements.

    Article VI

    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 under strict and effective international control.

    Article VII

    Nothing in this Treaty affects the right of any group of States to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories.

    Article VIII

    1. Any Party to the Treaty may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the Depositary Governments which shall circulate it to all Parties to the Treaty. Thereupon, if requested to do so by one-third or more of the Parties to the Treaty, the Depositary Governments shall convene a conference, to which they shall invite all the Parties to the Treaty, to consider such an amendment.

    2. Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to the Treaty, including the votes of all nuclear-weapon States Party to the Treaty and all other Parties which, on the date the amendment is circulated, are members of the Board of Governors of the International Atomic Energy Agency. The amendment shall enter into force for each Party that deposits its instrument of ratification of the amendment upon the deposit of such instruments of ratification by a majority of all the Parties, including the instruments of ratification of all nuclear-weapon States Party to the Treaty and all other Parties which, on the date the amendment is circulated, are members of the Board of Governors of the International Atomic Energy Agency. Thereafter, it shall enter into force for any other Party upon the deposit of its instrument of ratification of the amendment.

    3. Five years after the entry into force of this Treaty, a conference of Parties to the Treaty shall be held in Geneva, Switzerland, in order to review the operation of this Treaty with a view to assuring that the purposes of the Preamble and the provisions of the Treaty are being realised. At intervals of five years thereafter, a majority of the Parties to the Treaty may obtain, by submitting a proposal to this effect to the Depositary Governments, the convening of further conferences with the same objective of reviewing the operation of the Treaty.

    Article IX

    1. This Treaty shall be open to all States for signature. Any State which does not sign the Treaty before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

    2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments.

    3. This Treaty shall enter into force after its ratification by the States, the Governments of which are designated Depositaries of the Treaty, and forty other States signatory to this Treaty and the deposit of their instruments of ratification. For the purposes of this Treaty, a nuclear-weapon State is one which has manufactured and exploded a nuclear weapon or other nuclear explosive device prior to 1 January 1967.

    4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

    5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or of accession, the date of the entry into force of this Treaty, and the date of receipt of any requests for convening a conference or other notices.

    6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

    Article X

    1. Each Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Treaty and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.

    2. Twenty-five years after the entry into force of the Treaty, a conference shall be convened to decide whether the Treaty shall continue in force indefinitely, or shall be extended for an additional fixed period or periods. This decision shall be taken by a majority of the Parties to the Treaty.1

    Article XI

    This Treaty, the English, Russian, French, Spanish and Chinese texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

    IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.

    DONE in triplicate, at the cities of London, Moscow and Washington, the first day of July, one thousand nine hundred and sixty-eight.

    Note:
    On 11 May 1995, in accordance with article X, paragraph 2, the Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons decided that the Treaty should continue in force indefinitely (see decision 3).