UK and Netherlands nuclear policies challenged in the Human Rights Council

The nuclear weapons policies of the UK and the Netherlands have been challenged in the UN Human Rights Council this week as being in violation of the Right to Life, a right enshrined in Article 6 of the International Covenant on Civil and Political Rights (ICCPR).

The challenges have been made in reports submitted to the Human Rights Council by the Basel Peace Office, in cooperation with other civil society organisations, as part of the UN periodic review of the obligations of the United Kingdom and the Netherlands under international human rights law including the ICCPR. (See submission on the Netherlands and the submission on the United Kingdom).

Coming at a time when Russia has made nuclear threats to the USA and NATO if they intervene in the Russian invasion of Ukraine, the submissions are a reminder of the importance to address the risks of nuclear deterrence policies, and that Russia is not the only country that possesses nuclear weapons and maintains options to initiate nuclear war.

“In times of high tensions involving nuclear-armed and/or allied states, plans and preparations for the use of nuclear weapons elevate the risk of nuclear war which would be a humanitarian catastrophe, severely impacting rights of current and future generations,” says Alyn Ware, Director of the Basel Peace Office. “Compliance with the Right to Life with respect to nuclear weapons is therefore an urgent matter, impacting not the rights of all humanity and of future generations.”

The UK deploys about 160 nuclear warheads (40 on each of their 4 strategic nuclear submarines) which are ready to be fired at any time under policy options to potentially use the nuclear weapons in a wide range of circumstances, including in response to threats from chemical and biological capabilities or emerging technologies that could have a comparable impact.

The Netherlands hosts approximately 20 United States B61 nuclear weapons at its Volkel airbase, and maintains operational measures to ‘deliver’ those nuclear weapons by Dutch Airforce F-16  planes to potential targets for use in wartime.

In 2018 the UN Human Rights Committee affirmed that the threat or use of nuclear weapons is incompatible with the Right to Life, and that States parties to the ICCPR have obligations to refrain from developing, acquiring, stockpiling and using them, and also have obligations to destroy existing stockpiles and pursue negotiations in good faith to achieve global nuclear disarmament. The submissions argue that the nuclear weapons policies of the UK and Netherlands are in violation of these obligations.

The submissions make a number of recommendations of policy actions the governments could take in order to conform to the Right to Life. These include adopting no-first-use policies, cancelling plans to renew nuclear weapons systems, taking measures to phase out the role of nuclear weapons in their security doctrines and advancing at the 2022 Non-Proliferation Treaty (NPT) Review Conference a goal for the global elimination of nuclear weapons by 2045, the 75th anniversary of the NPT. 

The submissions also include sections which highlight the connections between nuclear weapons and climate change, and includes recommendations to the United Kingdom on re-allocating nuclear weapons budgets to renewable energy development and climate action financing, and to the Netherlands to support the initiative to take the issue of climate change to the International Court of Justice.

If the UN Human Rights Council decides to pick up on the challenges and recommendations in the submissions and direct these to the UK and the Netherlands, the two countries are required to respond.

Similar submissions were made in 2020 and 2021 the Human Rights Council and other UN human rights bodies with regard to the nuclear policies of Russia, the USA, France, Canada, Denmark, Iceland and North Korea, (see Nuclear weapons and the UN human rights bodies), but the issues were not taken up in earnest by the relevant bodies. The increased threat of nuclear war arising from the Ukraine conflict might stimulate the Human Rights Council to make this a much higher priority for the current review cycle.

Presentation: Nuclear Weapons and the Human Right to Life

Hannah Kohn, LCNP intern, gave the presentation “Nuclear Weapons and the Human Right to Life,” in the workshop “The Foundations of Peace: Nuclear Abolition and the Law,” Second International Peace Bureau World Peace Congress, (Re) Imagine our World: Action for Peace and Justice, Barcelona, 16 October 2021

Please find the ppt-slides as well as the written text of her presentation below.

Russian Nuclear Weapons Policy and the Right to Life

List of Issues Submission to the United Nations Human Rights Committee During its Periodic Review of the Russian Federation

129th SESSION OF THE UNITED NATIONS HUMAN RIGHTS COMMITTEE,
29 JUNE TO 30 JULY 2020

Submitted 1 June 2020 by:

LAWYERS COMMITTEE ON NUCLEAR POLICY
www.lcnp.org; johnburroughs [at] lcnp.org
220 E. 49th St., New York, NY 10017 USA

Founded in 1981, LCNP is a nonprofit educational association of lawyers and legalscholars that engages in research and advocacy in support of the global elimination of nuclear weapons and a more just and peaceful world through respect for domestic and international law. LCNP serves as the United Nations office of the International Association of Lawyers Against Nuclear Arms.

WESTERN STATES LEGAL FOUNDATION
www.wslfweb.org
655 13th Street, Suite 201, Oakland, CA 94612 USA

Founded in 1982, WSLF is a nonprofit organization that seeks to abolish nuclear weapons as an essential step in making possible a more secure, just, and environmentally sustainable world. Grounded in commitments to nonviolence and international law, WSLF provides independent information and analysis to a wide range of audiences. WSLF is an affiliateof the International Association of Lawyers Against Nuclear Arms.

1. In paragraph 66 of General Comment No. 36[1] on the right to life set out in Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the United Nations Human Rights Committee stated (endnotes omitted):

Continue reading “Russian Nuclear Weapons Policy and the Right to Life”

UNHRC about Nuclear Weapons in General Comment No. 36

UNHRC about Nuclear Weapons: The Lawyers Committee on Nuclear Policy analyses the Comment about Nuclear Weapons by the Human Rights Committee in 2018. The general comment No. 36 considers the threat and use of nuclear weapons incompatible with the right to life.

The statement in the General Comment by the UNHRC about nuclear weapons was found in paragraph 66, stating “the threat or use of weapons of mass destruction, in particular nuclear weapons, which are indiscriminate in effect and are of a nature to cause destruction of human life on a catastrophic scale is incompatible with respect for the right to life and may amount to a crime under international law. States parties must take all necessary measures to stop the proliferation of weapons of mass destruction, including measures to prevent their acquisition by non-state actors, to refrain from developing, producing, testing, acquiring, stockpiling, selling, transferring and using them, to destroy existing stockpiles, and to take adequate measures of protection against accidental use, all in accordance with their international obligations. They must also respect their international obligations to pursue in good faith negotiations in order to achieve the aim of nuclear disarmament under strict and effective international control. And to afford adequate reparation to victims whose right to life has been or is being adversely affected by the testing or use of weapons of mass destruction, in accordance with principles of international responsibility.”

View the video of the discussion with the title “The Right to Life versus Nuclear Weapons: A Bold Intervention by the UN Human Rights Committee”

Chaired by Dr. John Burroughs (Lawyers Committee on Nuclear Policy), speakers were Dr. Roger S. Clark (Rutgers Law), Ariana Smith (CUNY School of Law), and Peter Weiss (Lawyers Committee on Nuclear Policy, International Association of Lawyers Against Nuclear Arms, European Center for Constitutional and Human Rights).

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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:

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

Read more about the HRC statement here

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

If you wann learn more about the General Comment No. 36 click here and here