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Nuclear Weapon Ban Treaty
Treaty on the Prohibition of Nuclear Weapons
Treaty on the Prohibition of Nuclear Weapons members.svg
     Parties      Signatories
Type Arms control, nuclear disarmament
Signed 20 September 2017
Location New York, U.S.
Sealed 7 July 2017
Effective 22 January 2021
Condition 90 days after the fiftieth instrument of ratification, acceptance, approval or accession has been deposited
Signatories 93
Parties 70 (complete list)
Depositary United Nations Secretary-General
Languages Arabic, Chinese, English, French, Russian and Spanish
Treaty on the Prohibition of Nuclear Weapons at Wikisource

The Treaty on the Prohibition of Nuclear Weapons (TPNW) is also known as the Nuclear Weapon Ban Treaty. It is the first international agreement that legally stops countries from having nuclear weapons. Its main goal is to get rid of all nuclear weapons in the world.

This treaty was agreed upon on 7 July 2017. Countries could start signing it on 20 September 2017. It officially became law on 22 January 2021.

For countries that join, the treaty says they cannot develop, test, make, store, or use nuclear weapons. They also cannot help or encourage others to do these things. If a country with nuclear weapons joins, the treaty gives them a plan to get rid of their nuclear weapons safely.

The United Nations General Assembly decided on 23 December 2016 to hold meetings to discuss this treaty. These meetings took place in March and June-July 2017. On 7 July 2017, 122 countries voted for the treaty, 1 voted against (the Netherlands), and 1 did not vote (Singapore). Many countries, including all those with nuclear weapons and most NATO members, did not vote.

Why Ban Nuclear Weapons?

What the Treaty Aims to Do

Supporters of the treaty believe it will show a clear promise to create a world without nuclear weapons. It's not meant to be a full rulebook on how to get rid of them all at once. Instead, it's a first step. The detailed plans for getting rid of nuclear weapons will be worked out later. This way, the treaty could be made quickly, even if countries with nuclear weapons didn't join right away.

People who support the ban think it will make nuclear weapons seem wrong and dangerous. They hope it will encourage countries to get rid of them. About two-thirds of the world's countries have promised to work together to close the "legal gap." This means there isn't a complete law against nuclear weapons yet. A ban treaty is one way to fix this.

How Nuclear Weapons Are Different

Unlike chemical weapons, biological weapons, and landmines, nuclear weapons are not completely banned everywhere. The Non-Proliferation Treaty (NPT) from 1968 only partly stops them. Also, nuclear-weapon-free zone treaties only ban nuclear weapons in certain parts of the world.

What the Treaty Says

Main Ideas in the Preamble

The preamble is like an introduction. It explains why the treaty is needed. It talks about the terrible things that happen if nuclear weapons are used. It also mentions the risk of them just existing. The treaty remembers the suffering of the hibakusha (survivors of the 1945 atomic bombings of Hiroshima and Nagasaki) and victims of nuclear tests. It notes how slowly nuclear disarmament is happening. It also points out that nuclear weapons still play a role in military plans.

The preamble also recognizes that nuclear weapon activities affect indigenous peoples unfairly. It says the treaty follows existing laws, like the UN charter and international humanitarian law. It also supports the Non-Proliferation Treaty (NPT) and nuclear-weapon-free zones. The treaty also highlights the right to use nuclear energy peacefully. Finally, it recognizes that many groups help with peace and disarmament. These include women and men, educators, and groups like non-governmental organizations.

Key Rules in the Articles

  • Article 1 lists what is forbidden. Countries cannot develop, test, make, store, move, use, or threaten to use nuclear weapons. They also cannot help or encourage these activities. It also bans any direct or indirect control over nuclear weapons.
  • Article 2 says that each country must declare if it has nuclear weapons or if they are on its land. It also covers getting rid of or changing related facilities.
  • Article 3 requires countries without nuclear weapons to keep their existing safety rules. If they haven't already, they must accept more safety rules.
  • Article 4 explains how countries with nuclear weapons can join the treaty. It sets out steps and time limits. If a country gets rid of its nuclear weapons before joining, an international group must check this. If a country still has nuclear weapons, it must make a plan to get rid of them safely.
  • Article 5 is about how countries will follow the treaty's rules.
  • Article 6 says countries must help clean up the environment and help victims of nuclear weapon use and testing.
  • Article 7 states that countries should help each other to meet these goals. Countries with nuclear power have a special responsibility. All countries must work together to make the treaty happen.
  • Article 8 sets up meetings for countries that have joined the treaty. The costs are shared by the countries.
  • Articles 10–12 talk about changing the treaty, solving disagreements, and getting all countries to join.
  • Articles 13–15 explain that the treaty was open for signing from 20 September 2017. It became law 90 days after 50 countries officially joined it.
  • Article 16 says that countries cannot make "reservations" (special conditions) when joining the treaty.
  • Articles 17–20 cover leaving the treaty, how it relates to other agreements, and other official details.

How the Treaty Came to Be

Early Ideas (2010–2016)

UN working group on nuclear disarmament, May 2016
UN member states debate the idea of a nuclear weapons–ban treaty, Geneva, May 2016

The idea for a nuclear weapons ban treaty started around 2010. This was after a meeting about the Non-Proliferation Treaty (NPT). At that meeting, the five countries with official nuclear weapons (United States, Russia, Britain, France, and China) said no to talks about a full nuclear weapons agreement. People who wanted disarmament then thought about starting this process without those countries. A simpler treaty just banning nuclear weapons seemed more possible.

Three big meetings in 2013 and 2014 focused on the "humanitarian impact of nuclear weapons." These meetings in Norway, Mexico, and Austria made countries more determined to ban nuclear weapons. The meeting in Mexico in 2014 noted that banning a weapon usually happens before it is completely removed.

In 2014, a group of countries without nuclear weapons, called the New Agenda Coalition (NAC), suggested a ban treaty. They saw it as a way to follow Article VI of the NPT. This article asks all countries to work honestly towards nuclear disarmament. The NAC said a ban treaty would work "alongside" and "in support of" the NPT.

In 2015, the UN General Assembly created a group to look at ways to achieve a world free of nuclear weapons. In August 2016, this group suggested talks in 2017 for a "legally binding instrument to prohibit nuclear weapons." This would lead to getting rid of them completely.

In October 2016, a UN committee voted to start these talks in 2017. 123 countries voted yes, 38 voted no, and 16 did not vote. North Korea was the only country with nuclear weapons that voted for these talks, but it did not join the negotiations.

First Talks and Draft (March 2017)

The first round of talks happened from 27 to 31 March 2017 at the UN in New York. 132 countries took part. The president of the conference, Elayne Whyte Gómez from Costa Rica, said that agreeing on a treaty by 7 July was possible. The discussions set a good stage for the next talks.

On 22 May, Elayne Whyte Gómez shared the first draft of the ban treaty. The German branch of International Campaign to Abolish Nuclear Weapons (ICAN) pointed out that Article 1, 2a would stop countries from having nuclear weapons on their land. This meant some NATO countries like Germany and the Netherlands would have to end agreements about sharing nuclear weapons with the USA.

The only NATO country that took part in the treaty talks was the Netherlands.

Second Session (June–July 2017)

The second conference started on 15 June and finished on 7 July 2017. 121 out of 193 UN member countries joined the talks.

During discussions, some countries wanted to clearly ban planning for nuclear war or giving money to make nuclear weapons. These ideas were not added directly but were covered in Article 1 (d) - (e).

On 27 June, a second draft was released. It offered clear ways for countries with nuclear weapons to join. One way was "join and destroy." This meant a country would join and then make a plan to destroy its nuclear weapons program. Another way was "destroy and join." This meant a country would destroy its weapons first and then join.

A third draft came out on 3 July 2017. A final issue was about leaving the treaty. The treaty now says a country can leave if "extraordinary events" threaten its "supreme interests." But it also says a country cannot leave during an armed conflict.

The Vote

Treaty on the Prohibition of Nuclear Weapons
UN vote on adoption of the treaty on 7 July 2017
     Yes      No      Abstention      Did not vote

The final vote happened on 7 July 2017. 122 countries voted for the treaty, 1 voted against (Netherlands), and 1 did not vote (Singapore).

Countries like South Africa and Kazakhstan voted for the treaty. Both of these countries used to have nuclear weapons but gave them up. Iran and Saudi Arabia also voted yes.

Countries That Have Joined

A total of 197 states can join the Treaty on the Prohibition of Nuclear Weapons. This includes all 193 member states of the United Nations. As of January 2024, 70 states have officially joined the treaty. The most recent country to join was São Tomé and Príncipe.

Different Views on the Treaty

Views of UN Member Countries

The International Campaign to Abolish Nuclear Weapons (ICAN) is a group of non-governmental organizations. They say that countries like Ireland, Austria, Mexico, and South Africa are strong supporters of the ban treaty. All 54 countries in Africa and all 33 countries in Latin America and the Caribbean support a ban treaty. These regions already have zones free of nuclear weapons.

The 10 countries in Association of Southeast Asian Nations (ASEAN) also took part in the talks. However, Singapore did not vote. Many Pacific island nations also support the treaty. New Zealand has signed the treaty. In 2022, Phil Twyford, New Zealand's Minister of Disarmament, said the treaty is strong because it leaves no doubt about being against nuclear weapons. He also said New Zealand would keep helping with checking nuclear disarmament.

No country with nuclear weapons has supported the ban treaty. In fact, many, like the United States and Russia, have openly said they are against it. North Korea was the only nuclear state to vote for starting the ban talks.

Many NATO countries that don't have nuclear weapons, along with Australia and Japan, are also against the ban treaty. They believe US nuclear weapons keep them safe. The United States, United Kingdom, and France said they would not sign or join the treaty. They believe the treaty ignores how international security really works. They also said joining it goes against their policy of nuclear deterrence, which they say has kept peace for over 70 years.

Despite what some governments say, many recent polls show strong public support for banning nuclear weapons. This is true in countries like Australia and Norway. The Netherlands voted against the treaty, and Germany did not take part, even though polls in both countries showed people were against having nuclear weapons.

Views of Non-Governmental Groups

ICAN has been a key group working with governments to create a strong ban treaty. In 2017, ICAN won the Nobel Peace Prize for its efforts. The International Red Cross and Red Crescent Movement has also strongly supported banning nuclear weapons. They called the UN's suggestion to negotiate a ban in 2017 "potentially historic." Thousands of scientists worldwide signed a letter supporting the talks.

In July 2017, many religious leaders and groups called for all countries to adopt the treaty. In November 2017, at a meeting in the Vatican, Pope Francis spoke out against having nuclear weapons. He warned that nuclear deterrence policies give a "false sense of security."

Xanthe Hall from ICAN said she was sad that nuclear powers and their allies boycotted the treaty. She noted that treaties banning landmines and cluster munitions were made without the countries that had those weapons, but most countries eventually signed them. She argued that nuclear-weapon states were blocking disarmament talks. She believes the TPNW aims to create new energy for disarmament and strengthen the NPT.

Former US Secretary of Defense William J. Perry has also supported the TPNW.

Views of Lawmakers

Global Parliamentary Appeal for a Nuclear Weapons Ban
A global appeal for a nuclear weapons–ban treaty, signed by 838 parliamentarians in 42 countries.

Lawmakers in NATO countries often agree with their governments' rejection of the nuclear ban treaty. However, this is not always the case.

The Netherlands

In May 2015, the Dutch House of Representatives asked its government to take part in talks about a nuclear weapons ban treaty. About a year later, in May 2016, they asked the government to work for an "international ban on nuclear weapons." These requests made it hard for the Dutch government to avoid the TPNW talks.

In late 2018, the Dutch parliament asked if the TPNW fit with Dutch law. On 30 January 2019, the government said the Netherlands could join the TPNW without changing existing laws. However, new laws would be needed to put the treaty into action.

Norway and Germany

In 2010, the German Bundestag voted to remove nuclear weapons from Germany. In 2016, most Norwegian lawmakers supported a ban. However, Norway and Germany, like most of NATO (except the Netherlands), officially avoided the talks.

Other Countries

ICAN asked lawmakers around the world for their support. Over 800 lawmakers from 42 countries promised to support a ban treaty. They called for all governments to negotiate a treaty to ban nuclear weapons. They said it was "necessary, feasible and increasingly urgent." These lawmakers came from countries in nuclear-weapon-free zones and NATO states. The United Kingdom was the only nuclear-armed UN Security Council member to have lawmakers support the idea.

Putting the Treaty into Action

Article 8 of the treaty says that once it becomes law, the countries that have joined will hold meetings. These meetings are to help them work together to achieve the treaty's goals. The first meeting was held in Vienna from June 21-23, 2022. It created a declaration and a plan of action to help with disarmament. The plan called for working with groups like the Red Cross to get more governments to join the treaty.

A second meeting of countries that have joined the treaty took place in New York from November 27 to December 1, 2023.

See Also

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