Treaty on the Prohibition of Nuclear Weapons

Treaty on the Prohibition of Nuclear Weapons. The Treaty on the Prohibition of Nuclear Weapons is the first legally binding international agreement to comprehensively prohibit nuclear weapons, with the ultimate goal of their total elimination. Adopted on 7 July 2017, it entered into force on 22 January 2021, creating a new pillar of humanitarian disarmament law. The treaty was negotiated at the United Nations following conferences that highlighted the catastrophic humanitarian consequences of any nuclear detonation.

Background and negotiation

The impetus for the treaty grew from increasing frustration with the stalled progress of the Nuclear Non-Proliferation Treaty and the perceived failure of nuclear-armed states to fulfill their disarmament obligations under Article VI of the Nuclear Non-Proliferation Treaty. This movement was galvanized by a series of international conferences on the humanitarian impact of nuclear weapons, held in Oslo, Nayarit, and Vienna, which presented scientific evidence on the catastrophic global effects of nuclear war. In 2016, the United Nations General Assembly adopted a resolution, supported by over 120 states, to convene a conference to negotiate a legally binding instrument to prohibit nuclear weapons. The negotiations, led by states such as Austria, Brazil, Ireland, Mexico, New Zealand, and South Africa, and supported strongly by ICAN, culminated in adoption at the United Nations headquarters in New York City.

Key provisions

The treaty prohibits states parties from developing, testing, producing, manufacturing, transferring, possessing, stockpiling, using, or threatening to use nuclear weapons, or allowing stationing on their territory. It also bans assisting, encouraging, or inducing anyone to engage in any of these prohibited activities. A critical article requires states parties to provide adequate assistance to individuals affected by the use or testing of nuclear weapons within their jurisdiction, including medical care and environmental remediation. Furthermore, the treaty establishes a framework for the verified, time-bound, and irreversible elimination of nuclear weapons programs for states that join after possessing them, with plans to be negotiated with a competent international authority.

States parties and signatories

As of early 2024, the treaty has been signed by 93 states and ratified or acceded to by 70, making them full states parties. Notable parties include Thailand, Vietnam, the Holy See, New Zealand, Austria, Ireland, Mexico, South Africa, and Kazakhstan. No state that possesses nuclear weapons, nor any member of the NATO alliance except for the non-nuclear Netherlands, has signed or ratified the treaty. Key nuclear-armed states like the United States, Russia, the United Kingdom, France, China, India, Pakistan, North Korea, and Israel have explicitly rejected the treaty and urged others not to support it.

Relationship to other treaties

The treaty is designed to complement and strengthen the existing Nuclear Non-Proliferation Treaty and other instruments like the Comprehensive Nuclear-Test-Ban Treaty. Its proponents argue it fulfills the long-unmet disarmament pillar of the Nuclear Non-Proliferation Treaty. The relationship is explicitly addressed in the preamble, which affirms the contribution the new treaty makes to implementation of Article VI of the Nuclear Non-Proliferation Treaty. It also references the prohibitions found in the Geneva Conventions and aligns with the humanitarian objectives of other disarmament treaties such as the Ottawa Treaty banning landmines and the Convention on Cluster Munitions.

Implementation and impact

Implementation is overseen by meetings of states parties, the first of which was held in Vienna in 2022, where states adopted a detailed action plan. The treaty's most immediate impact has been normative, stigmatizing nuclear weapons and reshaping the legal and diplomatic landscape around disarmament. This was recognized when the ICAN was awarded the Nobel Peace Prize in 2017 for its work in achieving the treaty. While its direct effect on nuclear arsenals remains limited without the participation of nuclear-armed states, it has mobilized a coalition of states, civil society, and financial institutions to promote divestment from nuclear weapons companies and increase political pressure for disarmament.

Category:Disarmament treaties Category:Nuclear weapons treaties Category:Treaties concluded in 2017 Category:Treaties entered into force in 2021