Tag: UN Day

  • Pacta Sunt Servanda: Promises to Keep

    Jonathan GranoffOn United Nations Day, three years ago Secretary General Ban Ki-moon set forth a compass point for international cooperation to eliminate nuclear weapons and to make the world safer on the path to this achievement. In addition to calling for work on a nuclear weapons convention or a framework of instruments to achieve disarmament , he called for entry into force of the Comprehensive Nuclear Test Ban Treaty, negotiations of a fissile material treaty, entry into force of the Protocols to regional nuclear weapons free zones, and efforts to establish a zone free of weapons of mass destruction in the Middle East, as well as the development of new norms for space weapons, missiles and conventional arms.


    The Secretary General’s Five Point Proposal remains relevant today and can help inspire work in many different forums and levels of diplomacy and civil society. It upholds a clear goal and emphasizes the incremental steps needed to get there. Such bold leadership will be needed to fulfill the aspiration, expressed so eloquently by President Obama, as “the peace and security of a world without nuclear weapons,” which will constitute in the words of Secretary General Ban Ki-moon, “a global public good of the highest order.” 


    Failure to achieve greater progress in fulfilling this moral and practical imperative will result in  cynicism toward the most important tool the world presently has to ensure peace — solemnly negotiated and agreed upon commitments. Without such explicit commitments — conventions, treaties — we rely upon ad hoc arrangements which are only as strong as short term perceived interests. With treaties norms are set and common purposes achievable. 


    But, these explicit arrangements are only as strong as the integrity of the parties and their adherence to them. The term in international law to remember is pacta sunt servanda – agreements must be kept and honored in good faith. Or, in the words of President Obama: “words must mean something.”


    The 2010 Nuclear Non-proliferation Treaty (NPT) Review’s Final Statement, contains a reaffirmation of an “unequivocal undertaking to accomplish”, not just to aspire, but “to accomplish the total elimination of nuclear weapons.”


    It calls upon states “to undertake concrete disarmament efforts…” in fact “special efforts to establish the necessary framework to achieve and maintain a world without nuclear weapons.” It highlights that this is a matter that requires our most committed actions by saying “there is an urgent need.”


     “Urgent”, “concrete”, “unequivocal” – These are strong words requiring the strongest of actions.


    Many of us were heartened by the attention paid to the progressive five point agenda of the Secretary General’s Five Point proposal and particularly reference to a convention or framework of instruments to achieve the elimination of nuclear weapons.
    Without such clarity of purpose the dynamism required to achieve significant threat reducing steps will be difficult to obtain. Thus we are now  seeing how difficult it is just to achieve the very modest incremental steps, such as a fissile materials treaty or strengthening IAEA safeguards, needed to enhance everyone’s security. The galvanizing effect of collectively seeking the common goal of a nuclear weapons free world will make all the steps needed to move there so much easier.


    In the recent United States Nuclear Posture Review, there is a “commitment to a nuclear weapons-free world” and there is even a commitment “to initiate a comprehensive national research and development program to support continued progress toward a world free of nuclear weapons,” including, but not limited to, “expanded work on verification technologies.”


    What have we seen since these commitments were made?


    Nearly every state with nuclear weapons seems to be upgrading, expanding, or modernizing their weapons. For example in the United States, as part of the negotiations for obtaining the START treaty, a new commitment was made to allocate potentially over 200 billion dollars to modernize  the arsenal – modernizing delivery systems and modernizing weapons.  There may also be some commitment to initiating a comprehensive national research and development program, as called for in the Nuclear Posture Review, but if any funds have been allocated to this task,  they are dwarfed by the commitment to modernize the arsenal.


    The language of the final statement of the NPT Review Conference is very consistent with initiating a comprehensive research and development program at an international level. And if anything is needed now, it is a clear, unambiguous, unequivocal, irreversible, well-funded effort by like-minded states, or all states if possible, on laying out the framework necessary to obtain and maintain a nuclear weapons-free world. There is no ongoing forum in which nuclear disarmament is being discussed and advanced on a daily, regular, systematic basis. There is language, there are statements, but we don’t see the institutionalization, we don’t see the commitment being operationalized and that’s what’s really important.


    Without such a clear course of action, we become subject to backsliding. The ongoing debate should be about how to get rid of nuclear weapons. Yet, continually we are forced to return to the argument whether we should get rid of nuclear weapons. That argument should have been laid to rest in 2000, when the “unequivocal undertaking” to elimination was made at that NPT Review Conference.


    I assure you, we will again be faced with bureaucracies and think-tanks and politicians who will force us to revisit the argument whether we should get rid of nuclear weapons again and again unless we lay out the framework or proceed to negotiate the preparatory process for a nuclear weapons convention.


    Some people say working on a framework or convention is a distraction from the NPT. I very much disagree with that analysis. The NPT contemplates subsidiary instruments to fulfill its non-proliferation and disarmament purposes. Nobody argues that a test ban treaty is a distraction from the non-proliferation purposes of the NPT or that a  Fissile Material Cut-off Treaty is a distraction. The NPT contemplates subsidiary instruments. We need subsidiary instruments to achieve non-proliferation goals and likewise to achieve disarmament goals. It is to fulfill the disarmament pillar of the NPT that a framework of agreements or a convention is needed.


    Some people say there are many preconditions to beginning this process.  There seems to be a proliferation of preconditions. For some the precondition is the elimination of bad people. For others it’s the elimination of bad states. For others it’s a utopian world in utter harmony. But there is no language in the Final Statement of the NPT Review and there is no language in the Nuclear Posture Review that there are preconditions to beginning this process of making progress to move toward negotiating the elimination of nuclear weapons. There is no legal basis for that position.


    It is a political basis and it is for countries’ leaders, and all of us, to educate the public on the consequences of not commencing to more substantially work on nuclear disarmament now.


    There appear to be three paths before us:


    One is ad hoc incremental steps with numerous preconditions before actually commencing the real work of negotiating disarmament.


    Two is beginning the creation of a comprehensive framework that incorporates both incremental steps, but insures the clarity of purpose of disarmament, thus forming a basis to critique diversions from the disarmament process and a context to integrate many programs and approaches.


    Third is a fast-track toward a convention with prompt commencement of preparatory work, leading to negotiations as early as possible.


    I think the latter two are much preferred and the ad hoc incremental approach is proving to be too slow.


    I believe that what can drive this process is the understanding that nuclear weapons are morally, culturally, and humanly repugnant.


    Imagine if the Biological Weapons Convention said that no countries can use smallpox or polio as a weapon, but nine countries can use the plague as a weapon.  We would all say this is incoherent and utterly immoral.  We recognize that the plague is unacceptable.


    The weapon itself is unacceptable. It is not legitimate, legal, or moral for any country, good or bad, to use or threaten to use such a weapon. Such conduct would clearly violate our most basic universal civilized standards which are embodied in international humanitarian law. That is why in the final statement of the 2010 NPT Review Process one of the most important elements is the explicit, positive, and unambiguous commitment to the application of international humanitarian law in nuclear weapons policy.


    This is an area for nuclear disarmament advocacy that should be utilized very forcefully. International humanitarian law is the body of law that governs the use of force in war. It prohibits the use of weapons that are unable to discriminate between civilians and combatants. It necessitates that all weapons must be proportionate to specific military objectives. They must not cause unnecessary or aggravated suffering even to combatants. They must not affect states that are not parties to the conflict, and  they must not cause severe, widespread, or long-term damage to the environment. The International Court of Justice in its landmark advisory opinion on the legality of nuclear weapons highlighted the fact that it is impossible to control nuclear weapons in space and time.


    Indeed, one can with great imagination imagine certain uses that would be compliant with international humanitarian law. A depth charge in the high seas might do so. A small nuke in a desert might do so. But the vast majority of missions and deployments of nuclear weapons are not those exceptions. The vast majority of deployments and missions of nuclear weapons  violate those principles of international humanitarian law.  That highlights the need to operationalize creating the framework of instruments needed to eliminate nuclear weapons, begin the preparatory process for a convention and begin that process now.
    The threat covers everyone on the planet and thus every state, not just nuclear weapon states, have a responsibility to start this process.


    There are no good reasons to wait and there are many good reasons to seize this political moment, a moment where those states that possess nuclear weapons are not existential enemies.


    The global economy has become one fabric. Today, as never before, we are communicating ideas, passions, and art without borders. We share a common climate, common oceans, and it is time that we realized we share a common future. The security our children deserve requires global security with multinational cooperation based on the rule of law. When it comes to nuclear weapons, the pursuit of national self interest must not be distorted by the provincialism of national myopia. Realism requires common efforts. It is in the interest of every nation to work to eliminate nuclear weapons.  We live in one world. It is time that we started living in a civilized fashion. As the late Senator Alan Cranston used to say, “Nuclear weapons are unworthy of civilization.”  We have to get rid of them.  Thank you.

  • 2010 United Nations Day Keynote Address

    Thank you to the San Francisco Chapter of the United Nations Association for organizing this celebration of the 65th anniversary of the United Nations and for bringing together such an impressive group of leaders for this event.  Thank you also to Soka Gakkai International for hosting this event in your Ikeda Auditorium.  

    I want to draw attention to the beauty of the flower arrangements on the dais.  They are filled with sunflowers, and sunflowers are the universal symbol of a world without nuclear weapons.  Whenever you see a sunflower, I hope you will think of the need to work for a world free of nuclear weapons.  Sunflowers are beautiful, natural and nutritious.  They turn toward the sun.  They stand in stark contrast to the manmade missiles that threaten death and destruction on a massive scale.  Sunflowers remind us of the importance of preserving the natural beauty of our planet and ending the manmade threats of massive annihilation with which we currently live.

    My subject today is nuclear disarmament.  The United Nations Charter was signed on June 23, 1945.  The first nuclear weapon was tested successfully just over three weeks later on July 16, 1945.  The United Nations sought to save the world from the “scourge of war,” among other high ideals.  Nuclear weapons threatened to destroy the world.

    The subject of nuclear weapons is one that many people, perhaps most, understandably would like to put out of their minds.  Assuring a human future demands that we resist that temptation.

    We know that a single nuclear weapon can destroy a city and a few nuclear weapons can destroy a country.   Scientists also tell us that an exchange of 100 Hiroshima-size nuclear weapons on cities, such as could occur between India and Pakistan, could result in a billion fatalities, due to blockage of sunlight and crop failures leading to mass starvation, in addition to the blast, fire and radiation.  A full scale nuclear war could destroy the human species and most complex forms of life on Earth.  

    Given such high stakes, why do we tolerate nuclear weapons?  I believe that there are two major reasons.  First, we have been misled to believe that nuclear weapons actually protect their possessors.  They do not.  These weapons can be used to threaten retaliation, to retaliate or to attack preventively in a first-strike, but they cannot protect.  

    Second, we have grown far too complacent about these devices of mass annihilation over the period of 65 years since their last use in warfare.  But the odds of catastrophe are too high for complacency.  According to Stanford Professor Emeritus Martin Hellman, an expert in risk analysis, a child born today has at least a ten percent chance over the course of his or her expected lifetime of dying in a nuclear attack and possibly as high as a fifty percent chance.  These are clearly unacceptable odds.

    Any use of nuclear weapons would be a crime against humanity.  These weapons cannot discriminate between soldiers and civilians, and the unnecessary suffering they cause is virtually boundless and can continue through generations.  The International Court of Justice, in its 1996 landmark Advisory Opinion on the illegality of the threat or use of nuclear weapons, described the unique characteristics of nuclear weapons as “their capacity to cause untold human suffering, and their ability to cause damage to generations to come.”  The Court wrote: “The destructive power of nuclear weapons cannot be contained in either space or time.  They have the potential to destroy all civilization and the entire ecosystem of the planet.”

    The use, even the threat of use, of nuclear weapons is morally abhorrent.  The possession of nuclear weapons should be taboo.  No country has the right to possess weapons that could destroy our species and much of life.  They threaten our true inalienable rights – as set forth in the Universal Declaration of Human Rights – to life, liberty and security of person.  Nuclear weapons are the negation of these rights.  They are an extreme manifestation of fear and militarism, reflecting the most destructive elements of the human spirit.

    The generations who are alive today on the planet are challenged by the imperative to end the nuclear weapons era and strengthen our common efforts for achieving the global good as reflected in the eight Millennium Development Goals.  This will require leadership.  At present, this leadership has resided primarily with the United Nations and with civil society organizations.  The UN and its supporting civil society organizations have provided vision and direction for social responsibility on disarmament, demilitarization and improving the lives of the world’s people.  

    The key to achieving a world without nuclear weapons lies in a Nuclear Weapons Convention, a treaty for the phased, verifiable, irreversible and transparent elimination of nuclear weapons.  But agreement on such a treaty will require a far greater commitment by the governments of the world, including the nine nuclear weapon states.  The United States, as the most powerful of these governments, will need to be pushed from below by its citizens.  Each of us needs to embrace this issue, along with whatever other issues move us to action.  It is an issue on which the future of humanity and life rest.  

    I’d like to share with you a reflection from my new book, God’s Tears, Reflections on the Atomic Bombs Dropped on Hiroshima and Nagasaki.  It is called, “The Final Period?”

    The Final Period?

    “Scientists tell us that the universe was created with a “Big Bang” some 15 billion years ago.  To represent this enormous stretch of time, we can imagine a 15,000 page book.  It would be a very large and heavy book, some 50 times larger than a normal book.  In this book, each page would represent one million years in the history of the universe.  If there were 1,000 words on each page, each word would represent 1,000 years.  

    “Most of the book would be about the expansion of the universe after the Big Bang.  Our solar system would not occur in this history of the universe until page 10,500.  It would take another 500 pages until the first primitive forms of life occurred on Earth some four billion years ago.  The slow evolution of life would occupy the book nearly to its end.  It would not be until page 14,997 that human-like creatures would appear on the planet, and it would not be until just ten words from the end of page 15,000 that human civilization would make its appearance.  

    “The Nuclear Age, which began in 1945, would be represented by the final period, the punctuation mark on the last page of the 15,000 page book.  This small mark at the end of the volume indicates where we are today: inheritors of a 15 billion year history with the capacity to destroy ourselves and most other forms of life with our technological achievements.  It is up to us to assure that the page is turned, and that we move safely into the future, free from the threat that nuclear weapons pose to humanity and all forms of life.”

    Let me conclude with these thoughts: As the survivors of Hiroshima and Nagasaki have warned us over and over, “Nuclear weapons and human beings cannot coexist.”  We must choose, and we are fortunate that we still have a choice.  In another great war, such as World War II, the war that gave birth to both nuclear weapons and the United Nations, that choice could be foreclosed.  Or, it could be foreclosed in less dramatic ways, by a nuclear accident or nuclear terrorism.  

    Now, today, we have the opportunity to turn the page of that great book that documents the development of our universe, the evolution of life and the history of humankind.  Let us seize that opportunity with all our hearts and all our capacities by working to abolish nuclear weapons, strengthen the United Nations and international law, and put the missing Millennium Development Goal, disarmament, to work in achieving the elimination of poverty and hunger, and the promotion of education, health care, opportunity and hope for all of the world’s people.