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A legally-binding treaty to ban nuclear weapons

Nuclear Monitor Issue: 
#800
4455
19/03/2015
Ray Acheson − Director of Reaching Critical Will, the disarmament programme of the Women's International League for Peace and Freedom (WILPF)
Article

Five years after the adoption of the NPT (Nuclear Non-Proliferation Treaty) Action Plan in 2010, compliance with commitments related to nuclear disarmament lags far behind those related to non-proliferation or the peaceful uses of nuclear energy.

Yet during the same five years, new evidence and international discussions have emphasised the catastrophic consequences of the use of nuclear weapons and the unacceptable risks of such use, either by design or accident.

Thus the NPT's full implementation, particularly regarding nuclear disarmament, is as urgent as ever. One of the most effective measures for nuclear disarmament would be the negotiation of a legally-binding instrument prohibiting and establishing a framework for the elimination of nuclear weapons.

Not everyone sees it that way.

In fact, ahead of the 2015 Review Conference (scheduled to take place in New York April 27−May 22), the NPT nuclear-armed states and some of their nuclear-dependent allies have argued that any such negotiations would "undermine" the NPT and that the Action Plan is a long-term roadmap that should be "rolled over" for at least another review cycle.

This is an extremely retrogressive approach to what should be an opportunity for meaningful action. Negotiating an instrument to fulfill article VI of the NPT would hardly undermine the Treaty.

On the contrary, it would finally bring the nuclear-armed states into compliance with the legal obligations.

Those countries that possess or rely on nuclear weapons often highlight the importance of the NPT for preventing proliferation and enhancing security.

Yet these same countries, more than any other states parties, do the most to undermine the Treaty by preventing, avoiding, or delaying concrete actions necessary for disarmament.

It is past time that the NPT nuclear-armed states and their nuclear-dependent allies fulfill their responsibilities, commitments, and obligations − or risk undermining the very treaty regime they claim to want to protect.

Their failure to implement their commitments presents dim prospects for the future of the NPT. The apparent expectation that this non-compliance can continue in perpetuity, allowing not only for continued possession but also modernisation and deployment of nuclear weapon systems, is misguided.

The 2015 Review Conference will provide an opportunity for other governments to confront and challenge this behaviour and to demand concerted and immediate action. This is the end of a review cycle; it is time for conclusions to be drawn.

States parties will have to not only undertake a serious assessment of the last five years but will have to determine what actions are necessary to ensure continued survival of the NPT and to achieve all of its goals and objectives, including those on stopping the nuclear arms race, ceasing the manufacture of nuclear weapons, preventing the use of nuclear weapons, and eliminating existing arsenals.

The recent renewed investigation of the humanitarian consequences of nuclear weapons is a good place to look for guidance. The 2010 NPT Review Conference expressed "deep concern at the catastrophic humanitarian consequences of any use of nuclear weapons."

Since then, especially at the series of conferences hosted by Norway, Mexico, and Austria, these consequences have increasingly become a focal point for discussion and proposed action.

Governments are also increasingly raising the issue of humanitarian impacts in traditional forums, with 155 states signing a joint statement at the 2014 session of the UN General Assembly highlighting the unacceptable harm caused by nuclear weapons and calling for action to ensure they are never used again, under any circumstances.

The humanitarian initiative has provided the basis for a new momentum on nuclear disarmament. It has involved new types of actors, such as the Red Cross and Red Crescent Movement, the United Nations Office for Coordination of Humanitarian Affairs, and a new generation of civil society campaigners.

The discussion around the humanitarian impact of nuclear weapons should be fully supported by all states parties to the NPT.

The humanitarian initiative has also resulted in the Austrian Pledge, which commits its government (and any countries that wish to associate themselves with the Pledge) to "fill the legal gap for the prohibition and elimination of nuclear weapons."

As of February 2015, 40 states have endorsed the Pledge. These states are committed to change. They believe that existing international law is inadequate for achieving nuclear disarmament and that a process of change that involves stigmatising, prohibiting, and eliminating nuclear weapons is necessary.

This process requires a legally-binding international instrument that clearly prohibits nuclear weapons based on their unacceptable consequences. Such a treaty would put nuclear weapons on the same footing as the other weapons of mass destruction, which are subject to prohibition through specific treaties.

A treaty banning nuclear weapons would build on existing norms and reinforce existing legal instruments, including the NPT, but it would also close loopholes in the current legal regime that enable states to engage in nuclear weapon activities or to otherwise claim perceived benefit from the continued existence of nuclear weapons while purporting to promote their elimination.

NPT states parties need to ask themselves how long we can wait for disarmament. Several initiatives since the 2010 Review Conference have advanced the ongoing international discussion about nuclear weapons.

States and other actors must now be willing to act to achieve disarmament, by developing a legally-binding instrument to prohibit and establish a framework for eliminating nuclear weapons. This year, the year of the 70th anniversary of the U.S. atomic bombings of Hiroshima and Nagasaki, is a good place to start.

 

For more information and updates during the NPT Review Conference, visit the Reaching Critical Will website: www.reachingcriticalwill.org

 

Readers are encouraged to lobby national governments to support the Austrian Pledge to ban nuclear weapons. More than 50 countries have already endorsed the pledge (see the list at www.icanw.org/pledge).
Information is posted at: http://peaceandhealthblog.com/2014/12/09/the-austrian-pledge/

You can sign an online petition urging your national government to support the pledge at http://goodbyenuk.es/take-action/

 

Ecological destruction in Finland

09/04/2015
Tiina Prittinen, volunteer with Friends of the Earth Finland
Shorts

The Hanhikivi Cape in Finland is being ruined to make way for Fennovoima's nuclear power plant. In addition to damage that has already been done, Fennovoima has permits to cut down about 100 hectares of ecologically valuable area by the end of April, which is one-fifth of the whole Hanhikivi Cape.

The Finnish government's approval of the plant is conditional. There are many unresolved issues such as whether there will be enough Finnish or European stakeholders in the project, and nuclear waste management plans. If the nuclear plant is never built, the ecological destruction will be for nothing.

Local NGO Pro Hanhikivi has worked to protect the area and resist the nuclear project for eight years. Friends of the Earth Finland is organising a 'Better power!' camp to be held in June.

An online petition opposing the planned nuclear plant is posted at http://tinyurl.com/hanhikivi
More information about Hanhikivi Cape: www.hanhikivi.net/pdf/hanhikivi_brochure_en.pdf

IN BRIEF

Nuclear Monitor Issue: 
#608
16/04/2004
Article

North Korea had three nuclear bombs.

(April 16, 2004) The New York Times has reported that A Q Khan, the disgraced father of Pakistan's nuclear weapons programs, has revealed to investigators that he saw three nuclear bombs in North Korea five years ago. Pakistan's government is said to have released details of Khan's visit to an underground weapons facility one hour from Pyongyang 3-4 weeks ago as a warning to states within its missile range. The leaking of such sensitive information in Washington appears linked to US Vice-President Dick Cheney's visit to Beijing where he hopes to persuade China to take a tougher stance on North Korea. The Bush administration had previously been frustrated by Beijing's reluctance to apply more pressure on its former ally. Cheney has presented the Chinese with its 'new evidence' but has insisted that the US is still committed to six-party talks but would soon be seeking "real results". (See also WISE/NIRS Nuclear Monitor 602.5572 "North Korea welcomes US delegation")

There are suggestions that Washington may also be seeking to influence the 15 April parliamentary elections in South Korea that are expected to decide the fate of President Roh Moo-hyun, who is mistrusted by the US for his soft line on Pyongyang. Khan's report will be difficult to verify given that Pakistani authorities have refused to allow questioning by the international community. It is also unclear if Khan, who is not a trained nuclear scientist, has the expertise to recognize an actual nuclear weapon as opposed to a mock-up.
The New York Times, 13 & 14 April 2004; The Guardian, 14 April 2004

 

NIRS & Public Citizen petition NRC.

 

(April 16, 2004) NIRS and Public Citizen have jointly petitioned the U.S. Nuclear Regulatory Commission (NRC) to participate in the forthcoming licensing procedure for the proposed uranium enrichment plant in New Mexico. The groups are representing their members living near the site of the proposed facility who are concerned with the inconsistencies, misrepresentations and unlawful aspects of the application, including the lack of a strategy to dispose of hazardous and radioactive wastes. NIRS and Public Citizen also cited problems with the application in its treatment of water resources, national security and nuclear proliferation, the need for the facility and the cost of decommissioning the plant once it ceases operating. This is the third attempt by Louisiana Energy Services (LES) at securing a site for its nuclear plant - earlier attempts were withdrawn following intense public opposition.
Joint NIRS, Public Citizen & Southwest Research Information Center News Release, 6 April 2004

 

French PM pro new nukes.

 

(April 16, 2004) Prime Minister Jean-Pierre Raffarin confirmed his support for the construction of new nuclear power plants on 5 April. He told parliament that France should build the experimental 1600 MWe European Pressurized Water Reactor (EPR), claiming it was 'our responsibility to ensure the future of the nuclear option' and that he would request a parliamentary debate on the issue 'within the coming weeks'.
WNA News Briefing, 7-13 April 2004

 

Russian researcher sentenced.

 

(April 16, 2004) A weapons specialist for the prestigious USA-Canada Institute has been sentenced to 15 years imprisonment for espionage in a closed trial in Moscow. Igor Sutyagin was convicted of supplying an UK firm, allegedly used as a front for the CIA, with information on submarines and missile warning systems. Sutyagin's defense argued that the researcher's work had been based on publicly available sources and that he had had no indication that the company was as intelligence cover. Human rights activists in Russia and around the world have condemned the verdict and there are reports suggesting irregularities during the trial and political motivation for the trial and conviction. The trail judge is said to have given the jury incorrect instruction by asking them to determine whether Sutyagin had passed on information, which he did not deny, rather than whether he had passed on state secrets.
AP, 5 April 2004; BBC News 7 April 2004

 

Fund for sick nuclear worker not paying out.

 

(April 16, 2004) Four years after the US Congress passed a law to aid sick nuclear plant workers, the compensation fund has only managed to process the claim of one worker who was sent a check for US$ 15,000 despite the government earmarking US$74 million for the program. The Energy Department, responsible for the program, claimed during a hearing before the Senate Energy Committee that it would require more time and money to do a better job. Approximately 22,000 eligible workers filed for assistance yet only 372 have received feedback on their applications. Robert Card, the department's undersecretary said the agency needed an another US$ 33 million, in addition to the US$ 26 million already spent on the program this year to speed up the programs pace. Card and his assistant Beverly Cook have since resigned from their posts. Some lawmakers have recommended moving the program to the Labor Department, which already runs a program for compensating workers affected by radiation exposure.
Seattle Post-Intelligencer, 30 March & 2 April 2004

 

UK government advisers consider waste disposal options.

 

(April 16, 2004) Last year the Blair government appointed a committee on radioactive waste management to re-examine all possibilities to find an acceptable solution to the nuclear waste problem. The 14 options considered range from firing nuclear waste into the sun, placing it in Antarctic ice sheets so it sinks by its own heat to the bedrock, putting it under the Earth's crust so it is sucked to the molten core and burying under the seabed. The government estimates that its stockpile of high-level nuclear waste will soon reach 500,000 tons. The committee of Homer Simpson wannabes is apparently still considering all 14 options and has requested an extension of its deadline from end 2005 to mid 2006. We look forward to reading its final report.
The Guardian, 14 April 2004

 

Nuclear industry looks to Asia for survival.

 

(April 16, 2004) 18 of the 31 nuclear power units currently under construction worldwide are located in Asia making the continent a haven for predatory European, North American and Russian suppliers. Following accidents at Three Mile Island and Chernobyl, the number of new nuclear projects under development in the West was drastically reduced leaving the industry in peril. Now, the vultures are circling around Asia seeking new ground on an energy-poor continent. China is expected to build four 1,000 MW plants at a cost of US$ 6 billion as part of its drive to quadruple its nuclear capacity by 2020. The export of such sensitive technologies is prohibited in most nuclear supply countries but given the lack of business elsewhere, governments are re-evaluating their policies in order to secure lucrative contracts for their supplies. Even the U.S. is expected to ease its controls on China at this year and Germany is already considering selling China its Hanau plant.
AP, 10 April 2004; Reuters, 13 April 2004