Achieving a world without nuclear weapons: the contribution of domestic and regional policies

The establishment of Nuclear Weapon-Free Zones (NWFZ) in the past has made invaluable contributions to global nuclear disarmament. The further spread of such zones as well as adoption of domestic nuclear prohibition and divestment policies can pave the way for multilateral solutions. The World Future Council has developed proposals on how to further foster nuclear disarmament through national and regional policies.

Nuclear weapons are a global threat which requires a global solution. However, domestic and regional policies can make a vital contribution to advancing universal nuclear disarmament. While the treaties establishing the existing regional Nuclear Weapon-Free Zones are well known and generally regarded as critical contributions to global nuclear disarmament (together covering 114 states), the instances of national nuclear prohibition legislation and nuclear divestment policies have not received the same amount of attention or, indeed, credit. This is unfortunate as these policies have advanced nuclear disarmament, can inspire other countries to follow suit and contain lessons for the global disarmament endeavour.

Between 2 May and 13 May 2016 the Open-Ended Working Group (OEWG) met for a second round in Geneva to discuss proposals to take forward multilateral nuclear disarmament negotiations for the achievement and maintenance of a world without nuclear weapons. The OEWG was established on the basis of a UN General Assembly resolution. Among the participants were numerous countries (though notably absent were all the nuclear-armed states), advocacy groups, research institutes, academic institutes and think tanks, including the World Future Council.

From domestic to international law – Stories of successful legislation

Some countries, such as New Zealand, the Philippines, Austria and Mongolia have banned nuclear weapons through national legislation. These policies have contributed to strengthening the nuclear prohibition norm and addressed specific security challenges.

Some of the laws contain innovative elements such as individual responsibility and extraterritorial application in the case of the New Zealand law, which prohibits New Zealand’s citizens and residents to manufacture, to acquire, to possess or to control nuclear weapons as well as to aid and to abet any other person to do so anywhere in the world. These aspects of the policy could be useful to multilateral efforts to criminalise nuclear weapons employment such as through the Rome Statute for the International Criminal Court.

In the case of Mongolia, the country’s subsequent work to have its nuclear weapon-free status recognised and respected through acquiring assurances by the nuclear-armed states they won’t target Mongolia with nuclear weapons, means its policy is seen to have acquired the status of ‘Single State NWFZ’.

All policies contain elements and lessons that could be considered in the pursuit of similar policies elsewhere. The triggering effect of single countries building a regime of domestic regional nuclear disarmament law should not be underestimated.

For example, Belgium adopted national legislation banning landmines and cluster munitions as well as any investment in such weapons, before the international processes that would ultimately culminate in the 1997 Mine Ban Treaty and the 2008 Convention on Cluster Munitions had started. This demonstrates how domestic legislative initiatives can inspire, strengthen and shape the international processes that culminate in international disarmament treaties.

Banning investment in nuclear weapons

Divestment of landmines and cluster munitions producers has successfully been adopted in a number of countries. Divestment from corporations involved in the production of key components of nuclear weapons has not been pursued with the same vigour, though the Norwegian and New Zealand Government Pension Funds have implemented such schemes. More recently, the Swiss War Materials Act was revised to prohibit, inter alia, the financing of nuclear weapon producers. The effect of such divestment policies should not be underestimated. They contribute to stigmatising nuclear weapons and address the financial streams tied up in their production.

An interesting aspect of both nuclear prohibition and divestment policies is that they can lead to the democratisation of the nuclear disarmament debate, as they often originate from public movements and require legislators to become active on the issue. Furthermore, such policies can institutionalize nuclear disarmament expertise and commitment through the creation of organs committed to promoting policy objectives as well as become educational tools, both domestically and abroad. Perhaps most importantly, they offer a way for non-nuclear weapon states to take the initiative out of the hands of the nuclear-armed states, brandish their nuclear disarmament credentials, codify nuclear disarmament norms and in the process exert pressure on the possessor states.

Lifelong Canadian disarmament campaigner Douglas Roche has said that “the anti-nuclear weapons campaign is following the classic lines of other great social movements, such as the end of slavery, colonialism and apartheid: at first, the idea is dismissed by the powerful, then when the idea starts to take hold, it is vigorously objected to until, by persistence, the idea enters the norm of public thinking and laws start to be changed.” Countries should ensure they end up on the right side of history by adopting laws that strengthen and speed up the global effort to prohibit and eliminate nuclear weapons.

Nuclear-Weapon-Free Zones

Nuclear-Weapon-Free Zones or NWFZs are zones that have been established on the basis of a treaty or convention which are characterized by the total absence of nuclear weapons. Every state has the right and sovereignty to establish such a zone and to determine its frontier. An international system of verification and control guarantees compliance with the rules established. These zones must be recognized by the General Assembly of the United Nations.

 

Q&A: The Marshall Islands’ Nuclear Disarmament Cases

Oral hearings on the preliminary phase of the nuclear disarmament cases brought by the Marshall Islands against India, Pakistan and the United Kingdom took place at the International Court of Justice in The Hague from 7-16 March. Members of the World Future Council have been involved in this unprecedented legal action since its launch in 2014 and some were present during the oral arguments at the Court. This Q&A, created by the Nuclear Peace Foundation,  explains the cases.

What is the source of the International Court of Justice’s legal authority?

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in 1945 by the UN Charter. The seat of the Court is at the Peace Palace in The Hague, Netherlands. The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized UN bodies and agencies. The Court’s 15 judges are elected by the UN General Assembly and the Security Council.

Which countries are the Marshall Islands suing, and why?

The Republic of the Marshall Islands (RMI) has a unique and devastating history with nuclear weapons. From 1946 – 1958 the United States conducted 67 nuclear weapons test explosions over the Marshall Islands, the equivalent of 1.7 Hiroshima-sized bombs daily for 12 years. Castle Bravo, the largest bomb ever tested, was 1000 times more powerful than the Hiroshima bomb. Birth defects never seen before and other radiation-related health effects continue to plague the Marshallese people.

On April 24, 2014 the RMI filed individual Applications in the ICJ instituting proceedings against the nine nuclear-armed States: the U.S., Russia, the UK, France, China, India, Israel, Pakistan and North Korea. The RMI contends that each of these States is in breach of its obligations under the Nuclear Non-Proliferation Treaty (NPT) and/or customary international law to end the nuclear arms race and to engage in negotiations on nuclear disarmament.

Article VI of the NPT states: “Each of the Parties to the Treaty undertakes 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, and on a treaty on general and complete disarmament under strict and effective international control.” The UK is a founding member of the NPT, which entered into force in 1970. The U.S., Russia, France and China are also nuclear-armed members of the NPT; nuclear-armed India, Israel, Pakistan and North Korea are not. The RMI joined the Treaty in 1995 as a non-nuclear-weapon State and in turn received the binding legal promise of the States parties to the Treaty, including the nuclear-armed States.

In a 1996 Advisory Opinion, the ICJ issued an authoritative interpretation of Article VI and recognized a parallel customary international law obligation, concluding unanimously: “There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.” This Opinion is not limited to NPT members; it applies to all States.

No negotiations on nuclear disarmament have ever been initiated and all of the nuclear-armed states are currently engaged in programs to modernize and qualitatively improve their nuclear arsenals, with an eye toward their indefinite retention. India and Pakistan are also engaged in quantitative arms racing.

Why were hearings held only in the cases of the UK, India and Pakistan?

At this time, only the UK, India and Pakistan – among the nuclear-armed states – accept the compulsory jurisdiction of the ICJ. The other nuclear-armed states were invited to respond to the Applications submitted by the RMI. China declined; the others did not respond.

What was the scope of the hearings?

This stage of the cases was limited to preliminary objections. The UK and India claimed that they have strong records of support for nuclear disarmament, arguing therefore that there is no dispute for the Court to adjudicate. The RMI countered that actions speak louder than words, citing the UK’s consistent record of voting against nuclear disarmament resolutions in the UN General Assembly and its plans to replace its Trident nuclear weapons system. With respect to India and Pakistan, the RMI cited programs underway for expansion, improvement and diversification of their nuclear arsenals. The UK and India also argued that the cases cannot proceed without other states possessing nuclear arms being before the Court; that the relief requested would be ineffective; and that various exceptions to their declarations accepting the jurisdiction of the Court apply, excluding jurisdiction.

Pakistan withdrew from participation in the oral pleadings at the last minute, declaring it had nothing to add to its written submission.

What will happen next?

The ICJ will issue separate rulings in each case, probably within three to six months. If the Court rules in favor of the RMI, the cases will move to the merits phase and more written arguments and hearings will be scheduled. If the Court rules against the RMI in any case, that case will be over.

What relief is the Marshall Islands seeking?

The RMI is asking the Court to declare that the UK is in violation of its obligations under Article VI of the NPT and customary international law by failing to pursue in good faith negotiations leading to nuclear disarmament, by taking action to qualitatively improve its nuclear weapons system and to maintain and modernize for the indefinite future, and by failing to pursue negotiations that would end nuclear arms racing. The RMI also requests the Court to order the UK to take all steps necessary to comply with its obligations under Article VI of the NPT and under customary international law within one year of the Judgement, including the pursuit of negotiations in good faith aimed at the conclusion of a convention on nuclear disarmament under strict and effective international control.

The RMI is asking the Court to declare that India and Pakistan are in violation of their obligations under customary international law, by failing to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament, by failing to pursue negotiations on cessation of the nuclear arms race, and by engaging in the quantitative buildup and qualitative improvement of their nuclear forces to maintain them for the indefinite future, contrary to the objectives of nuclear disarmament and cessation of the nuclear arms race. The RMI also requests the Court to order India and Pakistan to take all steps necessary to comply with its obligations under customary international law with respect to cessation of the nuclear arms race at an early date and nuclear disarmament within one year of the Judgement, including the pursuit of negotiations in good faith aimed at the conclusion of a convention on nuclear disarmament strict and effective international control.

The RMI is not seeking monetary compensation in these cases.

Where can I get more information?

A. General information about the cases is available at: nuclearzero.org. Written submissions by the RMI, UK, India and Pakistan, and verbatim records of the oral pleadings are posted at http://www.icj-cij.org/docket/index.php?p1=3&p2=3 Videos and photos from the oral pleadings are posted at www.icj-cij.org/multimedia.

Argentina and Bosnia and Herzegovina share best policies for reducing gun violence

Sarajevo/Buenos Aires, March 11 – Experts from Argentina and Bosnia and Herzegovina have joined forces to discuss the challenges, prospects and lessons learnt of their respective disarmament programmes. On March 6-7, representatives of government, police agencies, and civil society were brought together by the World Future Council and UNDP Bosnia and Herzegovina to exchange experiences in addressing small arms issues.

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Arms control exchange: from Argentina to Bosnia and Herzegovina

Bosnia and Herzegovina and Argentina are culturally, linguistically and geographically diverse nations. However, both are fighting to realise change and bring about a new direction in their country’s development.

Over 750,000 illicit weapons and 16,000 tonnes of ammunition currently circulate within the borders of Bosnia and Herzegovina. Easy access to weapons largely left over from the conflict in the 90’s has led to these circulating remnants of war being involved in more than 10 violent incidents each week.

Argentina too has also faced risks caused by the availability of guns and a lack of gun violence education. In 2004, a 15 year old boy killed three classmates in Southern Argentina, wounding five. It is clear that despite their many evident differences, firearm awareness actions needs to be taken to curb the blight of gun violence in both nations for future generations.

“Tragedies caused by guns and other small arms are nearly a daily occurrence. Without the widespread availability of these weapons such tragedies could not occur. Further, guns can play no positive role in resolving conflicts or achieving reconciliation between conflicting parties. Resolving conflicts requires peaceful processes, including negotiations and diplomacy. Peace cannot be attained by either random or targeted killings – thus, the importance of disarmament, gun control and a non-killing ethic.” – David Krieger WFC Councillor & President, Nuclear Age Peace Foundation.

The Campaign

As part of our follow-up activities to the 2013 Future Policy Award on Disarmament, on March 6-7, the World Future Council together with UNDP Bosnia and Herzegovinas ‘Choose Life Without Weapons‘ coalition provided an opportunity for governmental entities from Argentina and Bosnia and Herzegovina to come together to exchange their experiences in combating the blight of the small arms and light weapons within their unique national contexts.

A conference at UN House in Sarajevo on 6 March allowed participants to share lessons learnt from their arms control programmes, while a visit to Banja Luka on 7 March gave participants the chance to witness and participate in the melting of collected weapons, which are then recycled to manufacture spare parts for windmills and other public infrastructure.

In 2013, Argentina’s ‘National Programme for the Voluntary Surrender of Firearms’ was recognised with a Silver Future Policy Award by the World Future Council, in collaboration with the UN Office for Disarmament Affairs and the Inter-Parliamentary Union. Under the programme, the governmental agency RENAR has successfully collaborated with civil society in reducing the number of illicit firearms while promoting a culture more focused on non-violence and peaceful conflict resolution.

Kick-off event – Sarajevo, June 14

The kick-off event in Sarajevo included the screening of the documentary Football Rebels and the football match between Bosnia and Herzegovina and Argentina later that evening.

Arms_control_exchange_kick-off

b9ddfa9640Choose life without weapons was launched in 2013 by UNDP, and their partners, to prompt action and open discourse over the issue of gun violence in Bosnia and Herzegovina.

The campaign encourages citizens to take advantage of an amnesty law allowing weapons and explosive devices to be handed over to the police without legal repercussions. Collected weapons are then melted and recycled into components for infrastructural development across the country.

Argentina similarly encouraged sustainable action against armed violence through the formation of The Argentine Disarmament Network, a coalition of civil society organisations attempting to tackle armed violence.

The Bread Tank at the World Youth Day 2013

Treaty of Tlatelolco Wins Future Policy Award

Latin American and Caribbean Nuclear Weapons Free Zone takes top disarmament award – Argentina and New Zealand win silver

Hamburg/Geneva/New York – 23 October 2013: The “Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean” (a.k.a. the “Treaty of Tlatelolco”) was today proclaimed winner of the 2013 Future Policy Award for sustainable disarmament, beating 24 other nominated policies to the prize. The award will be presented at a ceremony this evening at UN Headquarters by the World Future Council, the UN Office for Disarmament Affairs (UNODA) and the Inter-Parliamentary Union (IPU).

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Seven policies contend for international award: Shortlist reflects successful disarmament efforts worldwide

Hamburg/Geneva/New York – 7 October 2013: Seven disarmament policies from five continents have been shortlisted as final contenders for the 2013 Future Policy Award.

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25 innovative disarmament policies nominated for Future Policy Award 2013

Press Release – for immediate release 

Hamburg/Geneva/New York– 6 June 2013: The World Future Council has today announced the nominations of the Future Policy Award 2013. In partnership with the United Nations Office for Disarmament Affairs (UNODA) and the Inter-Parliamentary Union (IPU), this year’s award seeks to highlight disarmament policies that contribute to the achievement of peace, sustainable development and human security. In response to a worldwide call for nominations, the World Future Council has received 25 nominations of best policy practice from all continents.

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2013 Future Policy Award celebrates world’s best disarmament policies

Press release – for immediate release

World Future Council partners with the United Nations Office of Disarmament Affairs Hamburg

Hamburg/New York, 19 March – The World Future Council is pleased to announce that this year’s Future Policy Award will celebrate the world’s best disarmament policies. The World Future Council is collaborating with the United Nations Office for Disarmament Affairs to encourage new thinking on disarmament and to advance common solutions to this global problem.

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