TPNW Meeting of State Parties – documents published

The United Nations Office for Disarmament Affairs published the papers to the First Meeting of State Parties to the TPNW. IALANA and its Japanese affiliate JALANA submitted papers on

    <li><a href=”https://www.ialana.info/wp-content/uploads/2022/06/TPNW.MSP_.2022.NGO_.101.pdf” target=”_blank” rel=”noreferrer noopener”>Adopt a Resolution Protesting Russia’s Threat to Use Nuclear Weapons and Urging the Non-use and Abolition of Nuclear Weapons by Nuclear Powers</a></li><li><a href=”https://www.ialana.info/wp-content/uploads/2022/06/TPNW.MSP_.2022.NGO_.161.pdf” target=”_blank” rel=”noreferrer noopener”>Threats to Use Nuclear Weapons: Unacceptable and Illegal</a></li><li><a href=”https://www.ialana.info/wp-content/uploads/2022/06/TPNW.MSP_.2022.NGO_.4.pdf” target=”_blank” rel=”noreferrer noopener”>Article 6 TPNW: Who is a “victim” of nuclear weapons’ testing and use and what could “adequate assistance” look like? Taking inspiration from the European Court of Human Rights</a></li>

You may find all documents on the UNODA’s website:

Click on the button to load the content from meetings.unoda.org.

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Website: Seeking Justice: Compensation for Nuclear Victims/Survivors around the World

Investigation of Compensation Measures for Nuclear Victims/Survivors around the World: in Light of the Treaty on the Prohibition of Nuclear Weapons

Please find useful information in moving forward the discussion of Articles VI and VII of the Treaty on the Prohibition of Nuclear Weapons at

https://nuclear-justice.net/

It is intended to be a valuable database for future discussions on victim assistance and environmental remediation.

Treaty on the Prohibition of Nuclear Weapons – A Commentary Article by Article

This compact commentary article-by-article is intended to explain in a nutshell all the provisions of the Treaty on the Prohibition of Nuclear Weapons (TPNW). Written in an accessible language by three recognised international law experts, it is meant to assist a large readership in analysing and implementing this new instrument.

Договор о запрещении ядерного оружия
Постатейный комментарий

Данный компактный постатейный комментарий призван в краткой форме растолковать все положения Договора о запрещении ядерного оружия (ДЗЯО). Написанный доступным языком тремя признанными экспертами в области международного права, он будет полезен широкому кругу читателей при анализе и практическом применении этого нового соглашения.

核兵器禁止条約
逐条解説

核兵器禁止条約(TPNW)の全条項を簡潔に説明するコンパクトな解説書。国際
法の専門家である著者3名によるわかりやすく平易な言葉で書かれた本書は、
多くの読者にとって、この新しい条約を分析し、実行に移す際の手助けとなるで
しょう。

Vertrag über das Verbot von Kernwaffen
Ein kurzer Kommentar – Artikel für Artikel

Dieser kompakte Kommentar soll Artikel für Artikel alle Bestimmungen des Vertrags über das Verbot von Kernwaffen (TPNW) in aller Kürze erläutern. Er wurde von drei anerkannten Völkerrechtsexperten in einer verständlichen Sprache verfasst und soll einer breiten Leserschaft bei der Analyse und Umsetzung dieses neuen Instruments helfen.

Article: Are Nuclear Weapons Illegal?

By Amela Skiljan, LL.M.Eur
Vice-Chair IALANA Deutschland e.V. – Vereinigung für Friedensrecht – Deutsche Sektion der International Association of Lawyers Against Nuclear Arms, Marienstr. 19-20, 10117 Berlin, amela.skiljan@ialana.de

This article was first published in “Die Friedens-Warte Journal of International Peace and Organization”, December 2021, Issue 3-4, pp 418-444
DOI 10.35998/fw-2021-0020
ISBN 2009460321D
The Issue may be bought as print version or E-Book here:
https://www.bwv-verlag.de/detailview?no=2009460321D

Abstract

Humanity has been developing legal responses to the threat of nuclear weapons since 1945. These responses are not only reflected in international treaties like the NPT or the TPNW, but also in the many norms derived from international humanitarian law, human rights law, environmental law and international criminal law. Many of them are of a customary nature, which makes them binding for all states, such as the general prohibition on the use and threat of use of nuclear weapons. This paper shows that many norms from different fields of international law reinforce each other in confirming the illegality of nuclear weapons in various aspects. In this regard, the TPNW is a landmark in nuclear disarmament, which not only confirms existing law, but develops it further.

Seit 1945 ist die Menschheit mit der Bedrohung durch Atomwaffen konfrontiert, und seither gab es rechtliche Antworten auf diese Bedrohung. Diese spiegeln sich nicht nur in internationalen Verträgen wie dem NVV oder dem AVV wieder, sondern auch in vielen Normen, die sich aus dem humanitären Völkerrecht, den Menschenrechten, dem Umweltrecht oder dem internationalen Strafrecht ergeben. Viele dieser Normen haben Gewohnheitscharakter, was sie für alle Staaten verbindlich macht, wie das generelle Verbot des Einsatzes und der Androhung des Einsatzes von Kernwaffen. Dieser Beitrag zeigt, dass viele Normen aus verschiedenen Bereichen des Völkerrechts sich gegenseitig in der Bestätigung der Illegalität von Atomwaffen in verschiedenen Aspekten bekräftigen. In dieser Hinsicht ist der AVV ein Meilenstein der nuklearen Abrüstung, der nicht nur bestehendes Recht bestätigt, sondern es auch weiterentwickelt.

Keywords: nuclear weapons, international law, customary law, disarmament, NPT, TPNW

Download the full article below or here

Download the overview (table) Are Nuclear Weapons illegal? below or here

TPNW’s First meeting of States Parties and beyond: Implementing Articles 6 and 7 – some comments, expectations and proposals

By Prof. Manfred Mohr (Professor of Public International Law, Academy of Sciences, Berlin, Board member of IALANA) and Prof. Daniel Rietiker (Adjunct Professor at Lausanne University and Suffolk University Law School, Boston MA, Co-president of IALANA)

I. On the commitments, their relevance and nature (1MSP’s declaration)

  1. Articles 6 and 7 contain positive obligations which are of specific relevance, as distinct from negative, or banning, stipulations contained in the Treaty. Implementing these obligations is a priority, and has immediate practical effects for victims and the natural environment affected by the (past) use or testing of nuclear weapons. Those commitments are of relevance even without the joining of Nuclear Weapon States to the Treaty – thus underlining the great, overall importance of the instrument. According to Article 6, the point of departure for victim assistance and environmental remediation lies with the jurisdiction of affected States Parties, which may not be Nuclear Weapon States.
  2. The commitments and respective parts of the Treaty echo the present general tendency of dealing with the subject of war and the environment. This is indicated, among other things, by the draft of the International Law Commission (ILC) on principles on the protection of the environment in relation to armed conflict (PERAC) (A/74/10), or the 2020 Guidelines of the International Committee of the Red Cross on the Protection of the Natural Environment in Armed Conflict. The trend – which also establishes a connection to the global issue of climate change – is reflected through endeavors like the one of the Harvard Law School’s International Human Rights Clinic and the Conflict and Environment Observatory (CEOBS) outlining 14 principles for assisting victims of toxic remnants of war (Confronting Conflict Pollution, 2020).
  3. The special relevance and strength of art. 6 and 7 commitments result from the fact that they are linked to, or rooted in, existing international law. As Para. 8 of the Treaty’s preamble reaffirms: “…the need for all States at all times to comply with applicable international law, including international humanitarian law and international human rights law”. The three main branches of law pertinent here are International Humanitarian Law (IHL), Human Rights, and Environmental Law – while Para. 10 of the preamble puts a focus on IHL as did the International Court of Justice in its 1996 Advisory Opinion on the (Il)Legality of the threat or use of nuclear weapons. There is a multitude of legal arguments – many of them of a customary character – available to further victim assistance and environmental
Continue reading “TPNW’s First meeting of States Parties and beyond: Implementing Articles 6 and 7 – some comments, expectations and proposals”

IALANA Germany Signatory Appeal: Join the TPNW – Stop Germany’s Nuclear Armament





We hereby address you and all members of the Federal Government as well as the members of the German Bundestag with an urgent appeal: 

Sign and ratify the Treaty on the Prohibition of Nuclear Weapons! 

Stop the deployment of the new US American B 61-12 atomic bombs at the German Air Force base in Büchel and the resulting new dangerous nuclear armament on German soil! 

Refrain from the planned acquisition of 45 US American F 18 fighter jets as nuclear weapon carriers for the Tactical Air Force Wing 33 of the Bundeswehr!

Continue reading “IALANA Germany Signatory Appeal: Join the TPNW – Stop Germany’s Nuclear Armament”

Human Rights Versus Nuclear Weapons: New Dimensions

By LCNP
Commentary and Analysis regarding UN Human Rights Committee General Comment no. 36; the Treaty on the Prohibition of Nuclear Weapons; Human Rights, Democracy, and Nuclear Weapons

Available as download below

We are witnessing a resurgence of interest in the application of international human rights law to one of the principal threats to the human future: nuclear weapons. A general comment issued by the UN Human Rights Committee in 2018 finds the threat or use of nuclear weapons to be incompatible with respect for the right to life. The Treaty on the Prohibition of Nuclear Weapons adopted a year earlier is suffused with a humanitarian perspective, protects the rights of victims of testing and use of nuclear arms, and cites human rights law and the principles of humanity in its preamble.

Lawyers Committee on Nuclear Policy (LCNP) twice brought together leading lawyers, law professors, and analysts to reflect on these developments, in December 2018 and in May 2019. This publication collects papers based on the speakers’ remarks.

  • Prof. Roger Clark of Rutgers Law, LCNP Executive Director Ariana Smith, LCNP President Emeritus Peter Weiss, and Dr. Daniel Rietiker of the University of Lausanne examine and reflect upon the significance and implications of the finding of the UN Human Rights Committee.
  • Bonnie Docherty of the Harvard Law International Human Rights Clinic addresses human rights aspects of the Treaty on the Prohibition of Nuclear Weapons.
  • Andrew Lichterman of Western States Legal Foundation explores how human rights discourse could be a terrain for making connections between disarmament movements and other movements for a more fair, democratic, and ecologically sustainable society.

This publication is highly recommended reading for anyone seeking to understand how a human rights approach can contribute to the abolition of nuclear weapons.

JALANA Statement on EIF of TPNW

Statement to welcome the entry into force of the Treaty on the Prohibition of Nuclear Weapons and pursue a “world without nuclear weapons and war”


The Treaty on the Prohibition of Nuclear Weapons (“the Treaty” hereinafter) has come into effect today.
The Treaty has been a long-time wish of the Hibakusha (A-Bomb survivors). People around the world including the Hibakusha, who seek peace and nuclear disarmament, have continued to stress that “human beings cannot coexist with nuclear weapons,” and their call finally has led the Treaty to take effect.
The entry into force of the Treaty prohibits its States Parties from developing, testing, possessing, transferring, using or threatening to use nuclear weapons, and it legally obligates them to abolish such weapons. And even in relation with non-State Parties, this entry into force advances illegalization of nuclear weapons under international customary law and their delegitimization.
The entry into force of the Treaty is a historical step toward a “world without nuclear weapons” while the world is going to arms buildup despite the global crisis of the COVID-19 pandemic. We welcome the entry into force of the Treaty from the bottom of our hearts.

This Treaty recognizes that: the only way to guarantee that nuclear weapons are never used again is their complete elimination; a legally binding prohibition of nuclear weapons constitutes an important contribution towards the achievement and maintenance of a world free of nuclear weapons; and it is a global public good of the highest order, serving both national and collective security interests. In addition, the Treaty considers that any use of nuclear weapons would be contrary to the principles and rules of international humanitarian law.
Although the Treaty does not directly or legally bind the nuclear weapons states which are not parties to it, it has a great influence on interpretation of the international humanitarian law concerning nuclear weapons use. Nuclear weapons states know this, and therefore they are hostile to the Treaty. The legal significance of the entry into force of the Treaty is never small in a way to realize a “world without nuclear weapons.”
In addition, Article 4 of the Treaty (Towards the total elimination of nuclear weapons) opens a way for nuclear weapons states to join the Treaty. Article 12 provides that “(e)ach State Party shall encourage States not party to this Treaty to sign, ratify, …the Treaty, with the goal of universal adherence of all States to the Treaty.” It seeks universalization of the Treaty.
However, the government of Japan, the only country to have suffered nuclear attacks in wartime, is not willing to sign or ratify the Treaty. The reason is that Japan bases its security on the extended nuclear deterrence relying on the US nuclear umbrella. Such an attitude of the Japanese government shows that they do not look straightly at the catastrophic humanitarian consequences resulting from nuclear
weapons use, which is by no means acceptable for the only country to have suffered atomic bombings in wartime. Nuclear deterrence cannot be a base for security, and the security of Japan should be pursued by joining the Treaty.
Japanese government should take the lead in signing and ratifying the Treaty.
We must not forget that the prohibition of nuclear weapons is not enough to abolish use of force using conventional weapons or realize a “world without nuclear weapons and war.” We need to universalize worldwide a thorough norm of non-military pacifism, in other words, renunciation of war, non-possession of armed forces, and denial of the right of belligerency provided in Article 9 of the Japanese constitution.
We strongly demand that states possessing or depending on nuclear weapons including Japan sign and ratify the Treaty at an early date.
Finally, we pledge to continue our efforts to realize a “world without nuclear weapons and war” at the earliest possible date through universalizing worldwide the norm of non-military pacifism of Article 9 of the Japanese constitution, trusting in the justice and faith of the peace-loving peoples of the world including the Hibakusha.
January 22, 2021
Kenichi Okubo, President,
Japan Association of Lawyers Against Nuclear Arms

Open letter by IALANA Italy to President Giuseppe Conte

Translated with www.DeepL.com/Translator (free version)
View the original in Italian

Dear President Prof. Giuseppe Conte

Next January 22, 2020 – 75 years after Hiroshima – the new Treaty on the Prohibition of Nuclear Weapons (TPAN) will enter into force.

In 2017 with the favorable vote at the UN of 121 States and ratification by 51 States, finally the majority of States decided to implement the international obligation, ex art.6 of the Treaty of Non-Proliferation of 1968 “to pursue in good faith and conclude negotiations leading to global nuclear disarmament and under strict and effective international control” (see also: The device letter F of the Advisory opinion of 8.7.1996 International Court of Justice).

Nuclear states and their allies including Italy have unlawfully refused to participate in negotiations and/or adhere to this new treaty prohibiting the threat and use, possession, production and sale of nuclear weapons and have, on December 4, 2019, declared from London: “NATO will remain a nuclear alliance.” In October 2020, Italian troops participated in the steadfast noon 2020 exercise to perfect the evidence of a nuclear war against Russia by virtually destroying urban and industrial centers in the territorial depth of Central Asia. Unfortunately, there is no lack of other signs from the nuclear states and their allies of wanting to use these weapons, which draw their supreme advantage only from the fact of their unusability, that is, from the abnormality of their destructive power.

In this context, the writers believe it appropriate to point out that the joint planning of the use of nuclear weapons in Italy by NATO, through the decision of the American president, in addition to being contrary to Articles 10 and 11 of our Constitution and the Treaty of Non-Proliferation, exposes the Italian population to severe dangers especially in situations of political and social instability such as those we have witnessed in recent days.

Faced with the growing threat of these weapons of mass destruction being used, it seems right that Italy should fulfill its international obligation to adhere to the new TPAN and/or to renounce their use and to free Italian territory from these weapons that violate the humanitarian norms of the ius in bello. Your government and you personally are therefore called to the historic task of contributing to the final elimination of a danger to the very existence of the human race and every other form of life on our planet and urgently authorize the ratification in Italy of the new TPAN (See draft motion of May 29, 2019 by Senator Loredana De Petris).

Sincerely, lawyer Dr.Joachim Lau

Building Blocks for Nuclear Ban Treaty: NPT & Advisory Opinion of the International Court of Justice

By Dr. John Burroughs, Senior Analyst, Lawyers Committee on Nuclear Policy

NEW YORK, Nov 2 2020 (IPS) – The Treaty on the Prohibition of Nuclear Weapons (TPNW) will become binding law for participating states on January 22, 2021. Entry into force was triggered on October 24, the date marking the 75th anniversary of the United Nations, when Honduras become the 50th state to ratify the TPNW, reaching the threshold set by the treaty.

This is a signal accomplishment on the part of the 122 states, none nuclear-armed, that negotiated and adopted the TPNW in 2017, along with the International Committee of the Red Cross (ICRC), which provided expert advice, and the International Campaign to Aboilish Nuclear Weapons (ICAN), a civil society initiative that won the 2017 Nobel Peace Prize.

Together, the negotiating states, the ICRC, and ICAN took responsibility for creating a path toward the global elimination of nuclear weapons, essentially because the world’s most powerful states – all nuclear armed – are failing to do so.

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