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Need for a treaty to ban nuclear weapons

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18th-Apr-2017       
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Sergio Duarte :
The nine possessors of nuclear weapons and most of their allies chose to ignore the negotiations on a legally binding instrument to prohibit nuclear weapons, leading towards their total elimination.
This unprecedented initiative resulted from a proposal by South Africa, Austria, Brazil, Ireland, Mexico and Nigeria and was adopted by the United Nations General Assembly in December 2016 by an overwhelming majority.
The first Session, from 27 to 31 March, ended on an optimistic tone. There was wide convergence of views on the core prohibitions relating to stockpiling, use, deployment, acquisition, development and production of nuclear weapons.
Other questions such as verification of compliance, clauses for accession by nuclear-armed and other States, timelines for elimination of stockpiles and the relationship of the new instrument with existing treaties such as the Nuclear Non-Proliferation Treaty (NPT) and the Comprehensive Test Ban Treaty (CTBT), among others, will be further discussed during the second Session, from June 15 to July 7, when the President of the Conference will introduce her draft. The future instrument may soon be opened to the signature of States.
It is clear that these negotiations will not bring about a sudden shift in the mindsets of the nine governments that threaten the rest of the world with the willingness to use the most cruel, indiscriminate and destructive weapon ever invented.
It is undeniable, however, that even at this early stage public opinion in many countries have begun to pay attention to the potential impact of a prohibition treaty through press articles and analyses in specialized publications.
The mantra "a world free of nuclear weapons" has become the stated and uncontroverted objective of the community of nations.
Opponents of a ban argue that such an agreement would impede or at least render more difficult efforts for reductions of atomic arsenals under the Treaty on the Non-proliferation of Nuclear Weapons (NPT) and that a treaty to which the current nuclear powers choose not to adhere would not bring about any tangible results in reducing or eliminating nuclear weapons.
They consider that negotiating a prohibition is "premature" and even counterproductive as it risks unraveling the disarmament architecture put together over the past decades.
Supporters, for their part, contend that a ban treaty would establish a clear legal standard rejecting nuclear weapons on humanitarian grounds and would enable States to formalize such a rejection besides enhancing the stigma against those weapons.
They add that it would reaffirm their unacceptability and incompatibility with universally recognized principles of international law and would re-state and strengthen commitments assumed under other treaties. It would enhance, not detract from such commitments.
They hope that it will set into motion a trend toward further specific agreements on nuclear disarmament.
In fact, one of the major challenges for the universality and full effectiveness of a ban treaty is precisely how to design a mechanism that will ensure the possibility, in a second stage, of adherence of States currently under the "umbrella" of nuclear-armed powers and ultimately the adherence of the latter themselves.
Before we can hail a treaty prohibiting nuclear weapons as a worthwhile accomplishment or dismiss it as futile, the two sets of arguments must be checked against the results that the treaty may bring about in the short, medium and long run.
If the ban proves at least to be a positive ingredient to infuse life and energy into the moribund multilateral disarmament machinery or to create viable alternative, but not conflicting paths we may consider it useful and justifiable. If not, it will simply fall into oblivion or at best remain as a monument to human fallibility.
The push for negotiations on a nuclear arms ban treaty grew out of years of mounting frustration over the lack of progress in efforts under the NPT regime.
Whether or not parties to that instrument, possessors of nuclear weapons have displayed little or no inclination to fulfill the commitment enshrined in its Article VI, which requires all its Parties "to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament".
Possessors are currently engaged in a new round of the nuclear arms race as they seek to enhance the destructive power, accuracy and range of their weapons. As a result, confidence in their real motives and intentions waned in recent years.
In the recent past, a new and powerful force helped to propel forward the drive to finalize a treaty banning nuclear weapons and brought this matter to the forefront of the preoccupations of a large majority of States.
The collective conscience of humankind has increasingly taken to heart the unanimous concern expressed at the 2010 Review Conference of Parties to the NPT over the catastrophic consequences of nuclear detonations as well as the conclusions of three international Conferences held in 2013 and 2014 on such consequences.
In 2015 a large majority of States supported the humanitarian pledge to "stigmatize, prohibit and eliminate" nuclear armament. Civil society organizations contributed studies and discussion forums that helped shape specific, realistic proposals.
The thrust of the movement to ban nuclear weapons is not directed against any State in particular, but against the inhuman nature of nuclear weapons themselves and their disastrous effects on populations and the environment.
The movement does not advocate unilateral disarmament but rather good faith compliance with treaty commitments and with imperatives dictated by humanitarian international law and the universal principles of civilized behavior.
Accordingly, it does not discriminate against "good" or "bad" possessors, whether these are States or non-State actors. No country should be allowed to possess the means to annihilate whole populations and render the planet uninhabitable under the pretense that this would somehow protect their own security.
In his vote in the legal suit brought last year before the International Court of Justice by the Marshall Islands against the nine countries possessing nuclear weapons Judge Cançado Trindade stated: "A world with arsenals of nuclear weapons, like ours, is bound to destroy its past, dangerously threatens the present, and has no future at all. Nuclear weapons pave the way into nothingness".
It is time for mankind as a whole to act decisively in defense of its own survival.
This article originally appeared Transcend Media Service (TMS) on 10 April 2017: TMS: A Treaty to Ban Nuclear Weapons Is in the Making.
(Sergio Duarte is a Brazilian Ambassador, former United Nations High Representative for Disarmament Affairs; former Chairman of the Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons; former President of the Board of Governors of the International Atomic Energy Agency. Amb. Duarte's Op-Ed first appeared on Transcend Media Service (TMS). Amb. Duarte's Op-Ed first appeared on Transcend Media Service (TMS).

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