JALANA Statement on the 2nd US-DPRK Summit

April 1, 2019

Takeya Sassaki,

President, Japan Association of Lawyers Against Nuclear Arms (JALANA)

Japan Association of Lawyers Against Nuclear Arms (JALANA) hereby expresses its views on the Hanoi Summit between Donald Trump, the president of the United States, and Kim Jong Un, the chairman of the Democratic People’s Republic of Korea (DPRK) held on February 27 and 28 as follows:

1. President Trump and Chairman Kim did not adopt at this meeting an official document such as the “Joint Declaration” signed last year. We regret it a bit because we had expected a sort of document to be made.

2. However, President Trump says that: “it was a very productive two days;” and “he has a vision and it’s not exactly our vision, but it’s a lot closer than it was a year ago.” Rodong Sinmun, on the other hand, reports that both leaders will “continue productive dialogues;” and “said goodbye, promising the next meeting.” This means that no decisive rift has been occurred. Indeed, some words like “talks broken off” and “resume missile launch and nuclear testing” are coming up. However, the US-South Korea large-scale military drill has been suspended, while neither launch of long-range rockets nor nuclear testing is to be conducted so far. It cannot be said that the trust between the U.S. and DPRK has broken down.

3. The reason for not having reached a signature this time is that the U.S. reportedly did not agree to the DPRK process of nuclear weapons abolition. The DPRK proposed a partial lifting of the UNSC Resolutions on the sanctions in exchange for writing up its commitment to halt permanently nuclear tests and missile launch and dismantling completely its nuclear facilities at Yongbyon in the presence of US experts (although there are some reports saying that the DPRK has demanded all sanctions off, the DPRK foreign minister says “partial.”) It is in itself a fruit of the talk that those disputing points have been made clear.

4. The DPRK Foreign Minister Ri says that “we need such a first step on the road to complete denuclearization.” Secretary Pompeo says that “I’m still optimistic…We have said to our team, since the beginning, that this would take time…to work out a very complex problem.” It is rather too optimistic to think that the two countries, which have continued military confrontation for as long as 66 years, would reach a full “détente” in one or two meetings. We expect that working level talks will be continued from now on to reach an agreement between both parties and to make a time schedule.

5. JALANA requests the two parties to act in accordance with the principle of peaceful settlement of disputes set forth in Article 2 paragraph 3 of the UN Charter and the Advisory Opinion of the International Court of Justice (July 1996) that declared the threat or use of nuclear weapons would be contrary to the international law, and then to set forward denuclearization of the Korean Peninsula, taking into account the Treaty on the Prohibition of Nuclear Weapons adopted in July 2017.

6. Meanwhile, Japanese government is reportedly satisfied with President Trump’s “no simple compromises.” Their reluctance to devote themselves to a peace and denuclearization process of the Korean Peninsula does all harm and no good. They should first give up refusing state recognition of the DPRK and then shift their policy from pressure only to a solution through dialogues.

7. Undaunted by this standstill of the US-DPRK summit, we, as a member of civil society, resolve to make further efforts for peace and denuclearization of the Korean Peninsula.

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

Japanese Translation by JALANA:
http://www.hankaku-j.org/data/07/181107.html

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