Threat and use of nuclear weapons contrary to right to life, says UN Human Rights Committee

On 30 October 2018, the UN Human Rights Committee (HRC), which is in charge of the implementation of the 1966 International Covenant on Civil and Political Rights (ICCPR), has adopted its General Comment (GC) no. 36 relating to the right to life (Article 6 ICCPR). It is in many respects a remarkable document and a new example for bridge-building between nuclear arms control and human rights. In para. 66, the HRC considers the threat and use of WMD, in particular nuclear weapons, incompatible with the right to life and reiterates the duties of the States Parties in the field of nuclear disarmament and non-proliferation.

Continute reading Daniel Rietiker’s text:

Threat and use of nuclear weapons contrary to right to life, says UN Human Rights Committee

Wind of Change in Nuclear Disarmament: The Treaty on the Prohibition of Nuclear Weapons as a New Example of Humanitarian, Victim – centered Arms Control

The adoption of the Treaty on the Prohibition of Nuclear Weapons (TPNW) in New York, on July 7, 2017, shifted the paradigm in nuclear disarmament after more than twenty years of stagnation in the field. After biological and chemical weapons bans in 1972 and 1993, respectively, the remaining weapons of mass destruction will be banned once the TPNW enters into force. Even though there is considerable disagreement on the practical impact of a treaty for nuclear disarmament and international security, the award of the Nobel Peace Prize in 2017 to the International Campaign to Abolish Nuclear Weapons (ICAN), the coalition that was instrumental in the negotiations and adoption of the treaty, demonstrates the treaty’s significance and immediate impact.

READ the full paper by Daniel Rietiker

76% of French are for France’s commitment in the nuclear weapons’ elimination process

France must ratify the Nuclear Weapon Ban Treaty

For the 50th anniversary of the NPT [1] and the first anniversary of the Nuclear Weapon Ban Treaty [2], Le Mouvement de la Paix commissioned to the IFOP a poll based on “French, military spending and elimination of nuclear weapons” in collaboration with French newspapers La Croix and Planète Paix. This study was conducted from June 22 to 25, 2018, based on a sample of 1001 people over 18 years, using the quota method. Such report had already been conducted in 2012 by the same institute for the pacifistic organization.

Continue reading: Press Release: Survey of Mouvement de la Paix

Article by Article – Treaty on the Prohibition of Nuclear Weapons

Brochure by Daniel Rietiker and Manfred Mohr

The events of July 7, 2017 at the United Nations in New York deserve our attention. The Treaty on the Prohibition of Nuclear Weapons (TPNW)
constitutes a real paradigm shift, and the end of a period of stagnation in
nuclear disarmament of more than 20 years. After biological (1972) and
chemical weapons (1993), the remaining type of weapons of mass destruction will be banned once the treaty enters into force.

Even though there is considerable disagreement on the practical implications of the treaty for nuclear disarmament and international security, its significance has been confirmed by the fact that the International Campaign to Abolish Nuclear Weapons (ICAN), the coalition that was instrumental in the negotiation and adoption of the treaty, was awarded the 2017 Nobel Peace Prize.

End of March 2018, 57 States have signed the TPNW and 7 have ratified it
so far. 50 ratifications will be necessary for the treaty to enter into force.
Once in force, it will reinforce the norm against nuclear weapons, create new momentum for nuclear disarmament, give civil society a new tool in its fight for a world free from nuclear weapons, and put more pressure on Nuclear Weapons States (NWS) and their allies.

The new instrument is a “treaty” in the sense of the 1969 Vienna Convention on the Law of Treaties (VCLT), namely an “international agreement concluded between States in written form and governed by international law (…)”. 1 As such, it is quite a complex construction that will certainly raise many questions of interpretation during its hopefully long life. The present short article-by-article commentary is intended to facilitate understanding of the new treaty, without going into great legal detail. It is intended for a general audience, including persons not possessing deep knowledge of international law. We hope it will stimulate debate about this new instrument, inform representatives of civil society, teach young people and students, and assist diplomats and State agents in their work towards ratification of the treaty.

 

Read the full text: Ban Treaty Commentary_April 2018

Read the full text in Deutsch/ German: Deutsch – Kommentar zum Vertrag über das Verbot von Kernwaffen_180613

U.S.-Russia Nuclear Arms Racing: Still Crazy After All These Years

By Andrew Lichterman and John Burroughs
This July 16, 1945, photo shows the mushroom cloud of the first atomic explosion at Trinity Test Site, New Mexico. (AP)

President Vladimir Putin’s major address on March 1 to Russia’s Federal Assembly was candid about the economic and social challenges facing Russians. What attracted attention in the United States, however, was a detailed description, complete with video animations, of an array of new nuclear weapons delivery systems, including a nuclear-powered cruise missile and an underwater drone.

Continue reading the article:

U.S.-Russia Nuclear Arms Racing: Still Crazy After All These Years

Letter of Protest against the US Nuclear Posture Review

To President Donald Trump
United States of America
February 6, 2018

Letter of Protest against the US Nuclear Posture Review

We, of the people of Japan, the A-bombed country strongly protest against your nuclear policy formulated in the newly released “Nuclear Posture Review”, which brings the US much closer to the actual use of nuclear weapons by modernizing your nuclear arsenals and developing new nuclear weapons.

Trying to justify that nuclear weapons are necessary for the security, the NPR sets out sustaining and modernizing the nuclear triad (SSBNs, ICBMs and strategic nuclear bombers), as well as the development of law-yield nuclear warheads and sea-launched cruise missiles (SLCMs). Besides it does not even exclude the first nuclear strike.

As the devastation of Hiroshima and Nagasaki caused by the A-bombings of the USA showed, any use of nuclear weapons would have catastrophic humanitarian consequences. The world opinion determined not to allow this calamity to be ever repeated led to the adoption of the Treaty on the Prohibition of Nuclear Weapons in the United Nations last year. The policies laid down by the NPR run counter to this worldwide development in favor of a world without nuclear weapons.

The redeployment of SLBMs will increase the danger of nuclear weapons being brought into the territory of this A-bombed country.  We resolutely oppose the bringing of nuclear weapons into Japan in any form.

We call on you and your Administration to cancel all nuclear build-up plans and nuclear strike policies formulated in the NPR.  We urge you to sincerely endeavor to achieve a “world without nuclear weapons”, which the United States once vowed to pursue, beginning with joining in the Treaty on the Prohibition of Nuclear Weapons.

The 90th General Assembly of the National Board of Directors

Japan Council against A and H Bombs (Gensuikyo)

Comment on right to life & nuclear weapons

IALANA and the Association of Swiss Lawyers for Nuclear Disarmament  (SLND) submitted a text regarding the Human Rights Committee’s second draft of a general comment on the right to life, Article 6 of the International Covenant on Civil and Political Rights (ICCPR).

Read the text here:

Threat or Use of Weapons of Mass Destruction and the Right to Life: Follow-up Submissions to the UN Human Rights Committee on draft General Comment no. 36

North Korea: Solution or Disaster

International Association of Lawyers Against Nuclear Arms
Peter Weiss, President Emeritus; Peter Becker and Takeya Sasaki, Co-Presidents
10 October 2017

1) The assassination of two persons in Sarajevo on 28 June 1914 triggered World War I, which resulted in the death of an estimated 10 million military personnel and 10 million civilians and many more wounded. Likewise, the current steadily escalating confrontation between the United States and North Korea could explode into war from a small incident. We must not let this happen.

2) Both sides in the current conflict between the United States and North Korea have threatened each other with events which rise to the level of genocide, the greatest crime in international law.

3) They have ignored the obligation of the UN Charter to resolve disputes peaceably, without resorting to force.

4) The United States in particular has declared an end to diplomacy, while maintaining a condition which negates the possibility of beginning diplomacy: the denuclearization of North Korea.

5) The confrontation carries seeds of a wider war. China and North Korea have a mutual defense pact. Russia borders North Korea. The United States and Japan have a treaty-based defense arrangement, as do the United States and South Korea. All concerned states in the region should make all efforts for a peaceful resolution of the dispute, as is called for by the Security Council resolution adopted on 11 September 2017.

6) It is not – it must not be – too late to commence diplomacy, which could include any number of concrete proposals, such as:
a. negotiations without preconditions
b. the cessation of joint US-South Korean military exercises in return for a cessation of or moratorium on further nuclear weapons development by North Korea
c. the lifting or reduction of sanctions
d. food and other humanitarian aid to North Korea
e. discussion of a non-aggression pact between the United States and North Korea monitored by a neutral country, as a first step to the conclusion of a peace treaty
f. abstention by the US side from attempts at regime change in North Korea
g. commitment to the establishment of a nuclear weapons free zone in Northeast Asia

7) We offer these suggestions as a way to avoid another Sarajevo by intent or accident, which could have unimaginably horrific consequences.

A more detailed analysis of the legal aspects of the situation is appended.

Download the Statement: North Korea – Solution or Disaster

 

Threats of Total Destruction Are Unlawful and Extremely Dangerous; Direct Diplomacy between the United States and

North Korea Is Essential to Avert Disaster

Lawyers Committee on Nuclear Policy and Western States Legal Foundation

25 September 2017

 

The United States has great strength and patience, but if it is forced to defend itself or its allies, we will have no choice but to totally destroy North Korea. Rocket Man is on a suicide mission for himself and for his regime.”

– President Donald Trump, speech at United Nations, 19 September 2017

 

President Trump’s threat of total destruction of North Korea is utterly unacceptable. Also deplorable is the response of North Korean Foreign Minister Ri Yong Ho on 23 September at the United Nations. He said that North Korean nuclear forces are “a war deterrent for putting an end to nuclear threat of the U.S. and for preventing its military invasion,” referred to “our rockets’ visit to the entire U.S. mainland,” and called Trump “mentally deranged”. Instead of exchanging threats and insults, the two governments should agree on a non-aggression pact as a step toward finally concluding a peace treaty formally ending the 1950s Korean War and permanently denuclearizing the Korean peninsula.

The U.S. and North Korean threats are wrong as a matter of morality and common sense. They are also completely contrary to bedrock requirements of international law. Both countries, by engaging in a cycle of threats and military posturing, violate prohibitions on the threat of force to resolve disputes and on threats to use force outside the bounds of the law of armed conflict. Trump’s threats carry more weight because the armed forces of the United States, capped by its immense nuclear arsenal, could accomplish the destruction of North Korea in short order.

Threats of total destruction negate the fundamental principle that the right to choose methods and means of warfare is not unlimited:

  • Under the law of armed conflict, military operations must be necessary for and proportionate to the achievement of legitimate military objectives, and must not be indiscriminate or cause unnecessary suffering. Protocol I to the Geneva Conventions prohibits threatening an adversary that there will be no survivors or conducting hostilities on that basis. The Nuremberg Tribunal found the Nazi concept of “total war” to be unlawful because it runs contrary to all the rules of warfare and the moral principles underlying them, creating a climate in which “rules, regulations, assurances, and treaties all alike are of no moment” and “everything is made subordinate to the overmastering dictates of war.”
  • Conducting a war with the intention of destroying an entire country would contravene the Genocide Convention, which prohibits killing “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group ….”
  • Limits on the conduct of warfare apply to both aggressor and defender states. Thus Trump’s statement that total destruction would be inflicted in defense of the United States and its allies is no justification. Moreover, the U.S. doctrine permitting preventive war, carried out in the illegal 2003 invasion of Iraq, means that Trump’s reference to “defense” does not necessarily rule out U.S. military action in the absence of a North Korean attack or imminent attack.
  • North Korea has explicitly threatened use of nuclear weapons. While the United States likely would not use nuclear weapons first in the Korean setting, it remains true that Trump’s references to “fire and fury” and “total destruction” raise the specter of U.S. employment of nuclear weapons. Nuclear weapons cannot be used in compliance with the law of armed conflict, above all the requirement of discrimination, as the recently adopted Treaty on the Prohibition of Nuclear Weapons recognizes. Threats of use of nuclear weapons are likewise unlawful.  The illegal character of the threat or use of nuclear weapons is especially egregious where the express intent is to “totally destroy” an adversary, a purpose that from the outset rules out limiting use of force to the proportionate and necessary.

U.S. and North Korean threats of war are also unlawful because military action of any kind is not justified. The UN Charter prohibits the threat or use of force except in self-defense against an armed attack or subject to UN Security Council authorization:

  • Article 51 of the UN Charter permits the use of force as a matter of self-defense only in response to an armed attack.  No armed attack by either side has occurred or is imminent.
  • The Security Council is addressing the matter and has not authorized use of force. Its resolution 2375 of 11 September 2017 imposing further sanctions on North Korea was adopted pursuant to UN Charter Article 41, which provides for measures not involving the use of force. There is no indication whatever in that and preceding resolutions of an authorization of use of force. Moreover, the resolution emphasizes the need for a peaceful resolution of the dispute with North Korea. That approach is mandated by the UN Charter, whose Article 2(3) requires all members to “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.”

It is urgent that diplomatic overtures replace threats. In the nuclear age, the first principle of diplomacy should be that adversaries talk to each other to the maximum possible extent, and in moments of crisis directly and unconditionally. We learned during the Cold War that even when the prospects for any tangible progress seem dim, negotiations between nuclear-armed adversaries have other positive results. They allow the military and political leaderships of the adversaries to better understand each other’s intentions, and their fears. They build broader channels of communication between military and government bureaucracies that can be of tremendous value when tensions rise.

Accordingly, the United States should declare itself ready and willing to engage in direct talks with North Korea, and a commitment to denuclearization should not be a precondition for such talks. To facilitate negotiations, the United States and South Korea should immediately cease large-scale military exercises in the region, providing North Korea with an opportunity to reciprocate by freezing its nuclear-related testing activities. The immediate aim of negotiations should be a non-aggression pact, as a step toward a comprehensive peace treaty bringing permanent closure to the Korean War and providing for a nuclear-weapon-free Korean peninsula. Success in denuclearizing the Korean peninsula will be much more likely if the United States, Russia, China and other nuclear-armed states also engage, as they are obligated to do, in negotiations for a world free of nuclear weapons.

Lawyers Committee on Nuclear Policy, based in New York City, is the UN Office of the International Association of Lawyers Against Nuclear Arms (IALANA); Western States Legal Foundation, based in Oakland, California, is an IALANA affiliate.