Nuclear Weapons Prohibition Treaty

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Signatories who have not ratified the treaty. Signatories who have ratified the treaty Data source:


The Nuclear Weapons Prohibition Treaty (abbreviated AVV ; English Treaty on the Prohibition of Nuclear Weapons , abbreviated TPNW ) is an international agreement that prohibits the development, production, testing, acquisition, storage, transport, stationing and use of nuclear weapons , as well as the threat thereof. The treaty entered into force on January 22, 2021, 90 days after the 50th ratification.

In December 2016, the UN General Assembly adopted a resolution with a mandate to negotiate such a treaty. The first round of negotiations took place in New York in March 2017, the second in July 2017. 132 took part in the first conference and 124 of the 193 member states in the second, including Austria as a co-initiator. The drafted contract was approved on July 7, 2017 with 122 votes; the Netherlands voted against, Singapore abstained. At the UN General Assembly in September 2017, 53 states initially signed. By October 24, 2020, 84 states had signed and 50 had ratified the treaty; until it came into force, two more ratified.

The official and de facto nuclear and NATO states, with the exception of the Netherlands , did not take part in the negotiations and none of them later signed the treaty. Iran and Saudi Arabia were the only states suspected of having made efforts to build or dispose of nuclear weapons , but neither did they later sign the treaty.

term

In the view of the proponents, the Nuclear Weapons Prohibition Treaty represents an “unambiguous political commitment” to the goal and securing of a world free of nuclear weapons. In contrast to a comprehensive nuclear weapons convention , it should not contain any legal or technical measures to achieve complete disarmament . Such regulations should be negotiated later so that the first treaty can be concluded relatively quickly, if necessary without the involvement of the nuclear powers. The drafted contract contains in Article 4 at least framework conditions for such negotiations.

Proponents of a ban believe that such a treaty will help "stigmatize" nuclear weapons and act as a "catalyst" for their abolition. Around two thirds of all UN member states have voted for cooperation “in order to“ close ”the treaty loophole in the existing international regulations on nuclear weapons. Because unlike chemical weapons , biological weapons , against persons facing landmines and cluster munitions nuclear weapons have not been comprehensive and generally binding manner proscribed . The Nuclear Non-Proliferation Treaty (NPT) contains only partial bans , and treaties on nuclear weapon-free zones prohibit nuclear weapons only in certain geographical regions.

Overview of the text

  • Nuclear powers in the Nuclear Non-Proliferation Treaty (China, France, Russia, UK, USA)
  • Nuclear powers outside the NPT (India, North Korea, Pakistan)
  • unexplained nuclear powers outside the Nuclear Non-Proliferation Treaty (Israel)
  • suspected nuclear weapons program (Iran - largely abandoned after the Vienna Agreement 2015 , Saudi Arabia )
  • Member States of Nuclear Participation
  • Former nuclear powers
  • Abandoned nuclear weapons program

    • The preamble of the treaty explains the motivation by the "catastrophic consequences" of the use of nuclear weapons, by the risks of their very existence, by the suffering of the Hibakusha and the victims of nuclear weapons tests , by the slow pace of nuclear disarmament and by "the continued reliance on nuclear weapons in military and security concepts ”such as nuclear deterrence . It also recognizes the “disproportionate effects of nuclear weapons activities on indigenous peoples”. It confirms the prohibition of force in the UN Charter , the principles of international humanitarian law and human rights treaties , the rules of which contradict any use of nuclear weapons. The preamble also expresses the conformity of the present treaty with specific international law: the first UN resolution adopted on January 24, 1946, the NPT, the comprehensive nuclear test ban treaty and its verification regulations, and nuclear-weapon-free zones . The “inalienable right” to peaceful use of atomic energy is also confirmed. Finally, social influences on peace and disarmament are recognized: participation of both women and men, education, public awareness, international and regional organizations, non-governmental organizations , religious leaders, parliamentarians, academics and the Hibakusha.

    Article 1 explains the prohibitions on the development, testing, production, acquisition, storage, transfer, direct or indirect control, stationing and use of nuclear weapons, as well as the threat thereof. Support for prohibited activities is also excluded.

    Article 2 requires the signatory states to provide information about the type of control they have or have had over nuclear weapons, and in the second case also about the process of dismantling and irreversible conversion of production facilities.

    Article 3 obliges non-nuclear-weapon states to comply with the controls previously negotiated with the International Atomic Energy Agency (IAEA) or to conclude such an agreement within 18 months of the entry into force of the Nuclear Weapons Prohibition Treaty.

    Article 4 sets out the procedure for negotiations with a nuclear-weapon state that signs the treaty. including deadlines and responsibilities. If nuclear weapons are destroyed before the entry into force of the treaty, this will be controlled by an international institution to be determined; a contract with the IAEA must also be concluded. If the signatory state has not yet dismantled its arsenal, a schedule for the destruction must also be negotiated with the international institution and presented to the next meeting of the signatory states or the next review conference.

    Article 5 deals with the national legal, administrative or other measures for the implementation of the contract. Article 6 obliges to help the victims of the use or testing of nuclear weapons and to clean up contaminated areas. According to Article 7 , nuclear-armed states in particular should offer support, and all states should work together to implement the treaty. Article 8 sets out meetings of the signatory states. Your costs will be shared in accordance with UN guidelines ( Article 9 ). Articles 10-12 have the possibility of amendments to the treaty on the subject, the peaceful settlement of interpretive disputes and the aim that all states accede to the treaty.

    Articles 13-15 provide for the signing of the treaty from September 20, 2017 at the UN headquarters in New York. The treaty will enter into force 90 days after ratification by the 50th state.

    story

    History and decision

    Debate on a nuclear weapons ban treaty at the UN working group on nuclear disarmament in Geneva (2016)

    Proposals for a nuclear weapons ban came after a 2010 NPT review conference at which the five official nuclear powers - the US, Russia, Great Britain, France and China - rejected calls to begin negotiations on a comprehensive nuclear weapons convention. Disarmament advocates then proposed the Prohibition Treaty as an alternative way forward.

    Three major intergovernmental conferences in 2013 and 2014 on the “humanitarian impact of nuclear weapons” in Norway, Mexico and Austria strengthened the international resolve to outlaw nuclear weapons. The second of these conferences in Mexico in February 2014 concluded that the prohibition of a certain type of weapon typically entails and favors its destruction.

    In 2014 the "New Agenda Coalition (NAC)", a group of non-nuclear armed states, presented the idea of ​​a nuclear weapons ban treaty to the NPT states as an "effective measure" to implement Article VI of the NPT, which requires all signatory states to negotiate to lead the goal of nuclear disarmament. The NAC argued that a prohibition treaty would “accompany” and “support” the NPT.

    In 2015, the UN General Assembly set up a working group with the task of examining “concrete and effective legal measures, precautions and standards” for achieving and maintaining a world free of nuclear weapons. In August 2016 it adopted a report that recommended negotiations for 2017 on an "internationally binding instrument for the ban on nuclear weapons leading to their complete abolition".

    In October 2016, the First Committee of the UN General Assembly adopted a resolution in line with this recommendation, which mandated negotiations on a 2017 Nuclear Weapons Prohibition Treaty; 123 states voted in favor, 38 against, 16 abstained. A second, confirmatory vote took place during a plenary session in December 2016; here the proportion of votes was 113-35-13.

    First round of negotiations and draft contract

    132 of the 193 member states took part in the first round of negotiations in March 2017, but not the nuclear powers and the NATO states with the exception of the Netherlands. After completing the first five days of negotiations, the Chair, Elayne Whyte Gómez, saw constructive progress. She considered it possible to adopt a treaty in July that can then be presented to the UN General Assembly in autumn 2017. Ray Acheson, director of Reaching Critical Will, the disarmament program of the Women's International League for Peace and Freedom , saw dissenting opinions mostly only in a few states on the question of verification and the need for explicit, additional regulations on testing, deterrence and transportation. Most states wanted to outlaw the storage of nuclear weapons, but leave concrete measures to dismantle arsenals and disarmament to later negotiations with the nuclear powers.

    An F16 fighter-bomber at the Volkel base in the Netherlands that can carry tactical atomic bombs.

    In preparation for the second round of negotiations (June 15 to July 7, 2017), Gómez presented a draft contract on May 22, based on previous discussions. Article 1, paragraph 2a, prohibits the stationing of nuclear weapons on one's own territory. For Germany, Belgium, the Netherlands, Italy and Turkey, this would mean that nuclear participation would have to end and nuclear weapons withdrawn before the treaty can be signed. The second and third draft treaties alternatively provide that a binding timetable for complete nuclear disarmament will be negotiated with the previous signatory states.

    This exclusion of nuclear participation is underpinned by Article 1 paragraph 1c, which prohibits the direct or indirect takeover of control over nuclear weapons. The approval of this provision would also prevent an occasionally discussed European nuclear force as well as any limited say in the French Force de dissuasion nucléaire française , which could be linked to German co-financing of the planned modernization. According to the SPD, the former already contradicts the Nuclear Non-Proliferation Treaty and the two-plus-four treaty on German unity. Formally, however, a German co-disposal of nuclear weapons would be possible within the framework of a future common European military and security policy, because the Federal Government only signed the 1973 Nuclear Non-Proliferation Treaty with this reservation.

    ICAN further emphasizes: “The security agreement with the IAEA for the non-proliferation treaty will also be the basis for controls and inspections for the nuclear weapons ban. All parties that own nuclear facilities must enter into such an agreement. States that have eliminated their nuclear weapons are also being examined by the IAEA. "

    Second round of negotiations

    Vote on the contract on July 7, 2017
  • Yes
  • No
  • abstention

    • The second session began on June 15, 2017. On the first two days, the preamble was discussed. Many governments wanted a complete rejection of the nuclear deterrent principle. The disproportionate suffering of indigenous peoples under the nuclear tests should also be highlighted. Fiji wanted to complement health damage through development and production. In the preamble of the draft, for the first time in a nuclear disarmament treaty, the role of civil society (public awareness, Red Cross and other non-governmental organizations , Hibakusha ) is highlighted. Ireland wanted to complement this with education on disarmament and education about the risks of using nuclear weapons.

    Some states wanted to expand Article 1 obligations to include a ban on nuclear military planning, while others wanted to expressly prohibit the financing of development and production.

    A second draft contract was presented on June 27th. It now contains an accession option for nuclear-armed states, in which they must submit a schedule for the verified and irreversible destruction of their arsenal within 60 days (Article 4, 1). A second option for disarmament before accession (Articles 4, 5) only provided for cooperation with the IAEA to verify the inventory of the arsenal, not control of destruction. This was changed in the final text. Furthermore, a clause was discussed in which the civil use of nuclear energy is expressly accepted. It remained part of the final preamble.

    The third draft treaty, dated July 3, 2017, provides for the treaty to come into force 90 days after the 50th signature and ratification. The right-hand infinite subscription interval begins on September 20, 2017. A final obstacle to an agreement was the condition of the exit clause that a state "in the exercise of its national sovereignty, [...] decides that extraordinary events in connection with the subject matter of this treaty are the supreme Have endangered the interests of his country. ”The majority perspective was that this condition was subjective, that no security interests could justify genocide, nor could the threat of mass extermination contribute to security. However, since the minority did not accept a neutral exit clause, without giving reasons, the corresponding Article 17 was left unchanged as a compromise in order to enable the agreement to be adopted by a large majority. Safeguards against arbitrary use are a notice period of twelve months and the prohibition on getting out during an armed conflict.

    The drafted nuclear weapons ban treaty was adopted on July 7, 2017 with 122 votes; the Netherlands voted against, Singapore abstained.

    Signature and ratification

    On September 20, 2017, the UN General Assembly submitted the contract for signature; initially 50 states signed. On the next two days, Laos , Vietnam and Nicaragua followed suit . 3 states ratified the treaty simultaneously with the signature. On December 8, 2017, Namibia , St. Vincent and the Grenadines and Jamaica also signed , in 2018 initially Kazakhstan , Bolivia , the Dominican Republic and Colombia . In January 2018, Cuba and Mexico ratified the treaty, in March Venezuela and Palestine , in May Palau , Austria and Vietnam, in July Costa Rica , Nicaragua, New Zealand and Uruguay . By January 22, 2021, 86 states had signed and 52 ratified the treaty. The latter also include Austria, Malta and Ireland, which - like Kazakhstan to a limited extent - cooperate militarily with NATO .

    Arguments

    After Sweden voted for the text of the treaty, Foreign Minister Margot Wallström announced on August 25, 2017 that she would look benevolently into signing it. One of the arguments in favor of this was that the Nuclear Non-Proliferation Treaty did not prevent the spread of nuclear weapons. A few days later, US Secretary of Defense Jim Mattis threatened the consequences of signing and ratifying in a letter to his Swedish colleague Peter Hultqvist . This could jeopardize military cooperation, the option of joining NATO and military assistance in a crisis. An expert appointed by the government advised against ratification of the agreement in January 2019. In July 2019, Wallström finally announced that Sweden would not sign the agreement.

    The Switzerland had also agreed to the nuclear weapons ban treaty. In the summer of 2018, the Federal Council decided not to sign the contract. Security risks were named as the main reason. This sparked strong civil society protest.

    discussion

    Governments

    Leading sponsors of a nuclear weapons ban treaty were Austria , Brazil, Malaysia, Mexico, South Africa and Thailand. All 54 countries in Africa, the 33 nations in Latin America and the Caribbean and the 10 nations in Southeast Asia have agreed to joint regional statements at the start of negotiations. Many states in the Pacific Islands also support this.

    Agni-II nuclear medium-range missile on Republic Day 2004 in New Delhi

    No nuclear weapon state initially expressed support for a ban treaty, and some, including the US and Russia, expressly oppose the proposal. After the nuclear powers China, India and Pakistan had only abstained from the UN plenary session, China spoke out in principle in the spring of 2017 in favor of a ban agreement. Almost all NATO members who do not have nuclear weapons of their own, as well as Australia and Japan, voted against starting negotiations. They have reservations about a prohibition treaty, believing that US nuclear weapons make them safer. Only the Netherlands, which has a right to participate in US nuclear weapons within the framework of nuclear participation, abstained, but are taking part in the negotiations. Neutral Switzerland behaved in exactly the same way .

    At the beginning of 2017, the German federal government was of the opinion that “real progress in nuclear disarmament” could only be achieved through a step-by-step approach based on the NPT and in close coordination with the nuclear-weapon states. ”To this end, the federal government relies in particular on negotiations on the prohibition of the Manufacture of fissile materials, for which a UN resolution was adopted in December 2016. The desired nuclear weapons ban does not contain this aspect, however, no verification mechanisms are planned and “the security policy environment is not sufficiently taken into account”. The approach is not only ineffective, but could even weaken the NPT. In mid-June 2017, Foreign Minister Sigmar Gabriel reaffirmed the stationing of nuclear weapons in Germany and a balanced nuclear deterrent against Russia. Honestly, one could not then stand behind a nuclear weapon ban.

    The coalition agreement of March 2018 on the Merkel IV cabinet continues this political line: "We are resolutely committed to the worldwide verifiable disarmament of all weapons of mass destruction ... As long as nuclear weapons play a role as a deterrent instrument in NATO's strategic concept Germany has an interest in participating in the strategic discussions and planning processes. Successful disarmament talks create the conditions for the withdrawal of the tactical nuclear weapons stationed in Germany and Europe. "

    Civil society

    Demonstration against nuclear participation at Büchel Air Base in the Eifel, August 2008

    The International Campaign for the Abolition of Nuclear Weapons (ICAN), an alliance of non-governmental organizations , is the main civil society organization working with governments for a strong and effective prohibition treaty. Similarly, Mayors for Peace participated in this process.

    Xanthe Hall from IPPNW and ICAN replied to the arguments of the German government that contracts banning anti-personnel mines and cluster munitions had initially been concluded against the will of the owner states, but were then signed by most states. Verification could certainly be brought into the negotiations, but the Bioweapons Convention shows that an effective treaty does not necessarily need it. In the context of other nuclear weapons treaties, there are already control systems for non-proliferation. A weakening of the NPT could only be the emphatic demand for an outlawing of nuclear weapons if the nuclear powers block multilateral negotiations as they have been since 1995, even plan armament and thus evade their obligation to disarm under Article VI NPT . Then there is a risk that other states will feel less strictly bound by non-proliferation in response. If a new dynamic in disarmament were to get under way with the prohibition treaty, this would save the Non-Proliferation Treaty much sooner than it would weaken it.

    During the first round of negotiations in March 2017, the General Secretary of Mayors for Peace, Yasuyoshi Komizo, also addressed the verification question, which is essential for the nuclear powers. In order to include these later, the contract should contain expansion options to include provisions for review, as well as for environmental protection, compensation and other topics.

    The International Red Cross and Red Crescent Movement is also campaigning for an agreement to ban and abolish nuclear weapons, and describes the UN working group's recommendation to negotiate a ban in 2017 as "potentially historic". Thousands of scientists from around the world signed an open letter in support of the negotiations.

    500 participants of the German Evangelical Church Congress 2017 demanded in a resolution participation in the UN negotiations and an end to nuclear participation.

    IPPNW Peace Festival Büchel, performance in front of the main gate of the nuclear weapon base, June 17, 2018

    In Germany, the campaign “Büchel is everywhere! atomwaffenfrei.jetzt ”, which is supported by an association of 56 regional and supra-regional peace groups, the resistance against nuclear armament (through modernization) in Germany. She calls for the withdrawal of nuclear weapons from the German air force base in Büchel and the participation of the Federal Republic in the ban negotiations in 2017. At the same time as these, a 20-week campaign presence at the air base began in 2017, including a permanent camp at the main gate, vigils, discussions, cultural campaigns and civil disobedience campaigns .

    This campaign presence was continued in 2018. Among other things, IPPNW organized an international symposium “Nuclear weapons out of Europe” on June 17th in front of the air force base. Inga Blum / IPPNW referred to the German membership in the UN Security Council. She called on Foreign Minister Heiko Maas to implement the local commitment to global peace and security by signing the Nuclear Weapons Prohibition Treaty. Leo Hoffmann-Axthelm / ICAN added that, in this case, Germany could negotiate an “opt-out” from the nuclear deterrent with NATO. On June 18, around 20 activists briefly blocked two gates of the air base.

    Parliamentarians and political parties

    A global appeal for a nuclear weapons ban treaty was signed by 838 parliamentarians in 42 countries.

    A few hundred parliamentarians from 42 countries have signed an appeal calling a prohibition treaty “necessary, applicable and increasingly urgent”. In May 2016 the Dutch parliament accepted a request to the government to work towards an "international ban on nuclear weapons". In early 2016, a majority of Norwegian MPs showed their support for a ban.

    On March 23, 2017, the parliamentary groups of the Left and the Greens submitted a joint motion to the German Bundestag, which was referred to the Foreign Affairs Committee. It calls on the German government to support the UN negotiations that began four days later, to “immediately advocate the withdrawal of US nuclear weapons from Germany and Europe”, to refrain from modernizing and upgrading nuclear weapons such as delivery systems, and to refrain from “a European one Clearly reject nuclear weapons capacity ”. As early as 2010, the Bundestag demanded with a large majority a withdrawal of US nuclear weapons from Germany, as enshrined in the coalition agreement between the CDU / CSU and FDP of 2009.

    In contrast, the CDU / CSU and SPD supported the rejection of the UN negotiations by the federal government in 2016/2017. In its government program adopted at the party congress on June 25, 2016, the SPD only expressed sympathy for “that large parts of the international community are campaigning for the worldwide abolition of these [nuclear] weapons.” The specific goal of a “pan-European disarmament treaty” becomes concrete “, In the context of which“ the remaining tactical nuclear weapons will be withdrawn from Germany and Europe. ”A European nuclear power is rejected as by the other parties represented in the Bundestag. The CDU government program reaffirms the goal agreed at the NATO summit in 2014 of "gradually increasing spending on defense by 2024 towards 2 percent of gross domestic product". In contrast, there is no statement on arms control and disarmament.

    On September 11, 2019, an intergroup working group on the ban on nuclear weapons was founded in the Bundestag on the initiative of MPs Ralf Kapschack (SPD), Kathrin Vogler (Die Linke) and Katja Keul (B'90 / Die Grünen).

    Opinion polls

    New opinion polls in some states show strong public support for a nuclear weapon ban.

    Country approval year
    AustraliaAustralia Australia 84% 2014
    GermanyGermany Germany 93% 2016
    NetherlandsNetherlands Netherlands 85% 2016
    NorwayNorway Norway 77% 2016
    SwedenSweden Sweden 81% 2016

    In a survey published in mid-June 2017, 76% of those questioned were in favor of German participation in the UN negotiations.

    North Korea Policy: Deterrence or Disarmament?

    United States Geological Survey poster on the strength of the North Korean nuclear test, February 12, 2013

    For adoption, the USA, Great Britain and France again expressed their strict rejection of the prohibition treaty. He ignores the realities of the international security architecture. The policy of nuclear deterrence had ensured peace in Europe and North Asia for 70 years. In view of the North Korean nuclear and missile program, this must be adhered to. The treaty does not offer a solution to the danger it poses; on the contrary, it weakens a united international response.

    Xanthe Hall (IPPNW), on the other hand, pointed out that North Korea had voted in favor of the ban process, but without the US would not take part in the negotiations, by which North Korea feels threatened. Similar to the agreement on the Iranian nuclear program, North Korea's wish for a peace treaty should be taken seriously. "A clear, credible sign of collective disarmament could, in the long term, induce North Korea to disarm its nuclear weapons and reintegrate into the international community."

    Web links

    Individual evidence

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    2. ↑ Working paper 18 , submitted to the Preparatory Committee for the Nuclear Non-Proliferation Treaty (NPT) Conference, New York, April 2, 2014.
    3. ↑ Leo Hoffmann-Axthelm, Xanthe Hall: The Treaty on the Prohibition of Nuclear Weapons comes into force. (PDF; 359 kB) ICAN background paper. In: icanw.de. October 24, 2020, accessed November 11, 2020 .
    4. ↑ UN General Assembly approves historic resolution , ICAN , December 23, 2016.
    5. ↑ Resolution L.41 , adopted on 27 October 2016th
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