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| United Nations Conference to negotiate a legally binding instrument to prohibit nuclear weapons | |
|---|---|
| Name | United Nations Conference to negotiate a legally binding instrument to prohibit nuclear weapons |
| Date | 27–31 March 2017 |
| Venue | United Nations Headquarters |
| City | New York City |
| Participants | United Nations General Assembly, United Nations Office for Disarmament Affairs, non-nuclear-weapon states, civil society organizations |
| Result | Adopted draft text leading to Treaty on the Prohibition of Nuclear Weapons |
United Nations Conference to negotiate a legally binding instrument to prohibit nuclear weapons was a multilateral diplomatic conference convened at United Nations General Assembly mandate to produce a legally binding prohibition on nuclear weapons. The conference brought together delegations from United Nations Member States, representatives from International Campaign to Abolish Nuclear Weapons, experts from International Committee of the Red Cross, and observers from nuclear-armed and non-nuclear-armed States Parties to discuss draft prohibitions that would parallel instruments such as the Ottawa Treaty, the Convention on Cluster Munitions, and the Non-Proliferation Treaty.
The conference emerged from resolutions adopted by the United Nations General Assembly following advocacy by Aotearoa New Zealand, Austria, Brazil, Ireland, and South Africa, alongside campaigning by ICAN. Momentum drew on precedents including the Comprehensive Nuclear-Test-Ban Treaty, humanitarian consequences initiatives led by Norway and Mexico, and jurisprudential developments from International Court of Justice advisory opinions. Debates referenced historical events such as the Hiroshima and Nagasaki bombings, Cold War arms control regimes like the Strategic Arms Limitation Talks, and contemporary frameworks including the Treaty on the Non-Proliferation of Nuclear Weapons and International Campaign to Abolish Nuclear Weapons's Nobel Peace Prize recognition.
Negotiations were conducted at United Nations Headquarters in New York City under rules adopted by the United Nations General Assembly and facilitated by chairs from rotating regional groups including delegations from Mexico, South Africa, and Austria. The process featured plenary sessions, working groups, and informal consultations with input from delegations representing Brazil, Indonesia, Nigeria, Philippines, Egypt, Kazakhstan, and small island States such as Fiji and Vanuatu. Observers included representatives from United States Department of State, Ministry of Foreign Affairs (Russia), Ministry of Defence (United Kingdom), and think tanks associated with Stockholm International Peace Research Institute and Chatham House.
The draft instrument prohibited development, testing, production, manufacturing, acquisition, possession, stockpiling, transfer, stationing, installation, deployment, and use of nuclear weapons, mirroring prohibitions found in the Ottawa Treaty and the Convention on Cluster Munitions. It included obligations for destruction, verification mechanisms referencing practices from the International Atomic Energy Agency, and victim assistance and environmental remediation inspired by the Convention on Certain Conventional Weapons protocols. Provisions addressed prohibitions on assistance and financing akin to provisions in the Arms Trade Treaty and proposed compliance measures drawing on precedents from Chemical Weapons Convention verification and Comprehensive Nuclear-Test-Ban Treaty Organization monitoring concepts.
Delegations were divided between proponents, abstainers, and opponents. Proponents included Brazil, South Africa, Ireland, Austria, Mexico, South Pacific Forum members, and many Non-Aligned Movement members. Opponents and abstainers included delegations from United States, United Kingdom, France, Russia, China, India, Pakistan, Israel, and North Korea, which cited security guarantees such as NATO nuclear sharing and strategic doctrines articulated by Pentagon and Ministry of Defence (Russian Federation). Voting dynamics reflected regional groupings including African Union, European Union positions, and negotiations influenced by statements from United Nations Secretary-General and by assurances from nuclear-weapon States at forums such as the Nuclear Security Summit.
Civil society engagement was extensive: International Campaign to Abolish Nuclear Weapons coordinated advocacy, while NGOs like Greenpeace International, Physicians for Social Responsibility, Red Cross and Red Crescent Movement, and Amnesty International provided testimony on humanitarian impacts. Academic institutions including Harvard Kennedy School, King's College London, University of Tokyo, and National University of Ireland contributed technical analyses. Intergovernmental organizations such as the International Committee of the Red Cross, the International Atomic Energy Agency, and the Organisation for the Prohibition of Chemical Weapons were engaged as technical advisors or observers. Parliamentary networks including the Inter-Parliamentary Union and regional bodies like the Association of Southeast Asian Nations observed proceedings.
The instrument sought to establish a new customary and treaty-based prohibition parallel to Non-Proliferation Treaty obligations while asserting independence from Nuclear-Weapon-Free Zone protocols such as those in the Treaty of Tlatelolco, Treaty of Rarotonga, and Treaty of Pelindaba. Legal analyses referenced decisions of the International Court of Justice, customary international law doctrine, and compliance mechanisms borrowed from the Chemical Weapons Convention and the Arms Trade Treaty. Questions arose about interactions with security arrangements like NATO and extended deterrence agreements, and about verification interoperability with International Atomic Energy Agency safeguards and potential referral to the International Criminal Court for grave breaches.
Reception varied: proponents hailed alignment with humanitarian disarmament norms championed by ICAN and International Committee of the Red Cross, while critics from United States Department of Defense, Ministry of Defence (United Kingdom), and think tanks such as RAND Corporation argued the instrument could undermine deterrence and security architectures exemplified by NATO, U.S. Strategic Command, and regional deterrence postures in South Asia and the Middle East. Implementation challenges included verification regime design, state compliance, integration with Non-Proliferation Treaty review cycles, and diplomatic hurdles in securing signature and ratification by nuclear-armed States including United States, Russia, China, France, and United Kingdom. Civil society continued campaigns focused on ratification milestones, national legislation adoption, and linkage to global disarmament forums such as the Conference on Disarmament and the Nuclear Non-Proliferation Treaty Review Conference.