Resolution on Nuclear Disarmament
October 1997

Passed at the 60th Annual Convention of the National Lawyers Guild in Washington DC,

Whereas the international Court of Justice concluded on July 8, 1996 that 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 based on the finding that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular, the principles and rules of humanitarian law;

Whereas the US has an obligation under Article VI of the treaty on the Non-Proliferation of Nuclear Weapons to conduct negotiations in good faith on nuclear disarmament;

Whereas the United Nations General Assembly, on December 10, 1996, called for the implementation of the above obligations by the commencing of negotiations in 1997, leading to the conclusion of a nuclear weapons convention prohibiting the development, production, testing, deployment, stockpiling, transfer, threat or use of nuclear weapons and providing for their elimination;

Whereas General Lee Butler (US Air Force ret.) and 60 other retired generals and admirals from around the world released a statement on December 5, 1996, calling for steps leading to the elimination of nuclear weapons;

Whereas the US continues to research, develop, test and deploy nuclear weapons and to threaten their use, and will not join negotiations for their elimination in violation of the above obligations;

Whereas the failure of the US to adhere to its legal obligations to negotiate the elimination of nuclear weapons threatens the non-proliferation regime, the security of the US and the security of the world: and

Whereas the feasibility of the elimination of nuclear weapons, including verification and enforcement has been demonstrated by, inter alia, the Report of the Canberra Commission of the Elimination of Nuclear Weapons released in August 1996, and the Model Nuclear Weapons Convention released in April 1997, by the Lawyers' Committee on Nuclear Policy:

Therefore, be it resolved:

1. That the National Lawyers Guild call upon the United States to adhere to its obligations under international law,

a. Calling on President Clinton and all members of Congress to support deleting from the budget all research, development, testing and deployment of nuclear weapons, excepting research in methods for elimination and destruction of nuclear weapons;

b. Entering into multilateral negotiations which would lead to the conclusion of a nuclear weapons convention;

2. That the National Lawyers Guild call on all Guild members,

a. To work for incorporation of relevant paragraphs of the World Court opinion in all appropriate proposed local and state legislation;

b. To call on Hon Major Owens and other Congressmembers to object to funding for every aspect of nuclear weapons testing on the ground that these actions would be illegal under the opinion of the World Court

3. To call on members of Congress to read the opinion of the World Court into the Congressional Record.