Commence good faith
negotiations to
achieve a Nuclear Weapons Convention
by David Krieger and Carah Ong, April 2002
In 1996 the
International Court of Justice unanimously concluded that, based
on Article VI of the Non-Proliferation Treaty (NPT), "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." The Court
signaled that obligations under international law require that
the era of nuclear arms control must give way to the era of complete
nuclear disarmament.
A Nuclear Weapons Convention would
prohibit the possession, development, testing, production, stockpiling,
deployment, transferring, acquisition, use and threat of use of
nuclear weapons. It would require all nuclear weapons states to
eliminate existing stockpiles in a timebound framework with effective
verification, safeguard and compliance measures. In November 1997,
Costa Rica submitted to the United Nations a Model Nuclear Weapons
Convention drafted by an international consortium of lawyers,
scientists and disarmament experts. In response, the United Nations
General Assembly adopted a resolution calling for negotiations
leading to the conclusion of a Nuclear Weapons Convention.
As public opinion polls conducted
in 1997 and 1998 in Australia, Belgium, Canada, Germany, Holland,
Japan, Norway, the UK and the US strongly indicated, there is
overwhelming public support for a Nuclear Weapons Convention.
There is also a growing number of governments and government officials
worldwide who support it. The lack of political will from the
leaders of the nuclear weapons states presents the greatest challenge
to achieving a Nuclear Weapons Convention.
Commencing good faith negotiations with the aim
of achieving a Nuclear Weapons Convention would be the best way
for nuclear weapons states to demonstrate their commitment to
the obligation to unequivocally undertake the complete elimination
of nuclear weapons.
"A convention on the comprehensive
ban of nuclear weapons should be negotiated. Since biological
and chemical weapons have been prohibited, there is no reason
why nuclear weapons, which are more destructive, should not be
comprehensively banned and thoroughly destroyed. All it takes
to reach this objective is strong political will."
-Jiang Zemin, President of the
People's Republic of China, June 1999
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