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– Hans Blix,
former IAEA Director-General

Nuclear Nonproliferation Treaty

Statement on North Korea's Fifth Nuclear Test by Daryl Kimball and Kelsey Davenport

Fifth North Korean nuclear test is alarming and cause for action to freeze its programs and reinforce global testing taboo—Statement by Executive Director Daryl G. Kimball and Director for Nonproliferation Policy Kelsey Davenport, 5am GMT, September 9, 2016.

Reinforcing the Taboo on Nuclear Testing is in the United States' National Security Interests

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In response to a report in The Washington Post, Arms Control Association Executive Director Daryl G. Kimball made the following comments.

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For Immediate Release: August 4, 2016

Media Contacts: Tony Fleming, communications director, (202) 463-8270 ext. 110; Daryl G. Kimball, executive director, (202) 463-8270 ext. 107

(Washington, D.C.)—In response to a column written by Josh Rogin in The Washington Post, Arms Control Association Executive Director Daryl G. Kimball issued the following comments:

President Obama addresses the Security Council on nuclear non-proliferation and resolution 1887 (2009), expressing the Security Council's resolve to create the conditions for a world without nuclear weapons. (Photo credit: UN)We applaud President Obama’s consideration of a politically-binding UN Security Council resolution this fall that would reinforce the global norm against nuclear weapon test explosions and strongly dispute the allegation made by Senate Foreign Relations Committee Chairman Sen. Bob Corker (R-Tenn.) that such an effort would "cede the Senate’s constitutional role” on advice and consent of the 1996 Comprehensive Test Ban Treaty (CTBT).
 
It is our understanding that the initiative being pursued by the administration would, as other UN Security Council and General Assembly resolutions have already done several times before, exhort those states that have not yet ratified the CTBT to do so and call upon all states to refrain from further nuclear testing and to support ongoing efforts to maintain the monitoring system established to detect and deter clandestine nuclear testing.

With President Bill Clinton’s signature of the CTBT in 1996, the United States ended the practice of nuclear testing and today all but one state—North Korea—respects the de facto moratorium on nuclear testing. 
 
More than two decades after the last U.S. nuclear test in 1992, the United States' nuclear weapons labs are in a better position to maintain the reliability of the U.S. arsenal than during the era of nuclear weapons test explosions.
 
Clearly, in order for the United States to ratify the CTBT and the treaty to enter into force, the U.S. Senate would have to reconsider the treaty and provide its advice and consent to ratification. 
 
In the meantime, it is clearly in the interests of the United States to seek ways to reinforce the de facto global nuclear testing moratorium and make it more difficult for states, including Russia, China, India, Pakistan, and Iran, from conducting nuclear test explosions.
 
We would hope that Sen. Corker and other members of Congress would not attempt to sabotage efforts to increase the political barriers against nuclear testing by other states and to reinforce the existing, but fragile, legal norm against testing that already exists.
 
As President Bill Clinton said upon his signature of the CTBT in September 1996: “The signature of the world’s declared nuclear powers… along with the vast majority of its other nations will immediately create an international norm against nuclear testing, even before the treaty enters into force.”

The most effective way to verifiably end nuclear testing is to bring the treaty into force. To succeed, U.S. leadership is essential.

Bringing the CTBT back to the Senate for another vote requires a lengthy, intensive educational and outreach campaign to present the new information, answer detailed questions, and dispel old myths and misconceptions.

It was through such a process that the New Strategic Arms Reduction Treaty (New START) was approved in 2010. Unfortunately, in recent years, the Senate has shown it is not prepared for a serious discussion of the CTBT. 

The Obama administration has made it clear in congressional hearings, including on December 1, 2015 and July 14, 2016, that it is not pursuing "a prohibition of nuclear testing through a U.N. Security Council resolution.” 

The initiative that the administration is seeking, while not legally binding, would have tremendous political value in reinforcing the global norm against testing and reduce the risk that other nations might use nuclear testing to improve or develop nuclear weapons capabilities that threaten U.S. and global security.

Finally, any efforts by Congress to withhold the U.S. contribution for the global test monitoring system could undermine long-term U.S. security by eroding our ability to detect and deter clandestine nuclear test explosions by countries such as Russia and Iran.

Posted: August 4, 2016

The Complex and Increasingly Dangerous Nuclear Weapons Geometry of Asia

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Asian states Pakistan, India, China, and North Korea comprise four of the world's nine nuclear-armed states. The interconnections of these countries must be considered to fully understand how nuclear nonproliferation can be influenced.

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By Greg Thielmann
July 2016

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While much of the world’s attention is focused on efforts to halt the nuclear and missile tests of North Korea, the nuclear arsenals and ambitions of India, Pakistan, and China also pose significant dangers and deserve more attention.

The complicated nuclear weapons geometry of Asia extends from the subcontinent to the other side of the world. While Pakistan’s nuclear arsenal is designed to counter India’s conventional and nuclear forces, New Delhi measures its own nuclear weapons program against that of China. Beijing, in turn, judges the adequacy of its nuclear arsenal against the threat it perceives from the United States’ strategic offensive and defensive capabilities. And in its efforts to mitigate the ballistic missile threat from North Korea, the United States and its allies in the region are expanding their strategic and theater missile defense capabilities.

In order to fully understand how the pace and direction of nuclear proliferation can be influenced, the interconnections of these countries must be considered, along with the kinds of nuclear weapons they have at their disposal.

Posted: July 27, 2016

Progress on Nuclear Disarmament, Nonproliferation Inadequate to Meet Threats, New Study Finds

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A new study suggests that President Obama, failed to make progress in key nuclear disarmament areas during his second term.

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For Immediate Release: July 15, 2016

Media Contacts: Tony Fleming, communications director, (202) 463-8270 ext. 110; Daryl G. Kimball, executive director, (202) 463-8270 ext. 107

(Washington, D.C.)—President Barack Obama failed to make progress in key nuclear disarmament areas over the course of his second term, but did achieve important steps to improve nuclear materials security and strengthen nonproliferation norms, namely the 2015 Iran nuclear deal, according to a new study released by the Arms Control Association, which evaluates the recent records of all the world’s nuclear-armed states.

The report, "Assessing Progress on Nuclear Nonproliferation and Disarmament, 2013-2016," is the third in a series that measures the performance of 11 key states in 10 universally-recognized nonproliferation, disarmament, and nuclear security categories over the past three years. The study evaluated the records of China, France, Russia, the United Kingdom, the United States, India, Israel, Pakistan, and North Korea—each of which possess nuclear weapons—as well as Iran and Syria, which are states of proliferation concern.

“The United States is investing enormous resources to maintain and upgrade nuclear weapons delivery systems and warheads and is keeping its deployed nuclear weapons on ‘launch-under-attack’ readiness posture. The lack of U.S. leadership in these areas contributes to the moribund pace of disarmament,” said Elizabeth Philipp, the Herbert Scoville Jr. Peace Fellow at the Arms Control Association, and a co-author of the report.

“Obama should use his remaining months in office to reduce the role of nuclear weapons in U.S. strategies and mitigate the risks of inadvertent use. Obama could consider declaring that Washington will not be the first to use nuclear weapons in a conflict,” said Kelsey Davenport, director for nonproliferation policy at the Arms Control Association and co-author of the report.

“U.S. leadership could spur China and Russia to take positive actions and improve the prospects for further disarmament. Russia’s decision to develop a new missile in violation of its treaty commitments and Moscow’s rebuff of attempts by the United States to negotiate further nuclear reductions is very troublesome, as is the expansion of China’s nuclear arsenal and Beijing’s steps toward increasing the alert levels of its forces,” Philipp added.

“Several states did take significant steps over the past three years to strengthen nuclear security, including action by the United States and Pakistan to ratify key nuclear security treaties,” said Davenport.

“The July 2015 nuclear deal struck between six global powers and Iran was also a significant nonproliferation breakthrough that has significantly reduced Tehran’s nuclear capacity and subjected its activities to more intrusive international monitoring and verification. While the international community must remain vigilant in ensuring that the deal is fully implemented, blocking Iran’s pathways to nuclear weapons negates a serious nonproliferation concern and demonstrates the consequences of flouting the international norms and obligations,” Davenport said.

“For the third time, the United Kingdom received the highest grade of all the states assessed, while North Korea remained at the bottom of the list with the lowest overall grades. North Korea’s recent nuclear test and its ballistic missile development require the next U.S. administration to pursue more robust engagement with Pyongyang to freeze its nuclear activities,” Philipp said.

“Our review of the record indicates that further action must be taken by all 11 states if they are to live up to their international disarmament and nonproliferation responsibilities. By tracking the progress, or lack thereof, of these states over time, we hope this report will serve as a tool to encourage policymakers to increase efforts to reduce the risk posed by nuclear weapons,” Davenport said.

A country-by-country summary can be viewed here.
The full report card can be downloaded here

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The Arms Control Association is an independent, membership-based organization dedicated to providing authoritative information and practical policy solutions to address the threats posed by the world's most dangerous weapons.

Posted: July 15, 2016

"Perceptions of WMD in the Media" — Presentation by Kelsey Davenport at the 2016 James Timbie Forum

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Kelsey Davenport, director of nonproliferation policy, at the 2016 Timbie Forum on engaging emerging professionals in the field

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Kelsey Davenport, Director of Nonproliferation Policy

Kelsey Davenport, Arm Control Association's director of nonproliferation policy, spoke on "Perceptions of WMD in the Media" and how to engage emerging young professionals in the field of arms control at the U.S. State Department's 2016 James Timbie Forum.

Video of her remarks is available via our Youtube channel, or below.

 

Posted: July 14, 2016

2016 Report Card on Nuclear Disarmament, Nonproliferation Efforts

Download the full report here.

Table of Contents

Posted: July 13, 2016

The P5+1 and Iran Nuclear Deal Alert, July 12

The Iran Deal Turns One It has been one year since Iran and six countries known as the P5+1 (China, France, Germany, Russia, the United Kingdom and the United States) reached the nuclear agreement known as the Joint Comprehensive Plan of Action (JCPOA). Although there have been slight hiccups along the way, the implementation of the agreement is proceeding relatively smoothly and the parties have been able to resolve most concerns and ambiguities that have arisen thus far. The secretary-general of the United Nations is expected to submit a report this month to the Security Council on the...

The P5+1 and Iran Nuclear Deal Alert, April 27

Kerry and Zarif Discuss Sanctions and Heavy Water U.S. Secretary of State John Kerry met with Iranian Foreign Minister Mohammad Javad Zarif in New York on April 22 to discuss implementation of last July’s nuclear deal, known as the Joint Comprehensive Plan of Action . The meeting was the second for Kerry and Zarif in a week, and took place amidst concerns from Iranian officials that the United States has not met its sanctions-relief obligations under the deal, despite Iran implementing required restrictions on its nuclear program. Valiollah Seif, head of Iran’s Central Bank, said at the...

Statement by Daryl G. Kimball on Challenges on Disarmament and Opportunities for Progress

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Under Article VI of the nuclear Nonproliferation Treaty (NPT), each of the parties, including the nuclear-weapon-state parties...

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Political and Security Challenges on Disarmament
and Opportunities to Achieve Progress 

Daryl G. Kimball, Executive Director, Arms Control Association
Framework Forum Roundtable organized by the
Canadian Mission, the Middle Powers Initiative, and Friedrich-Ebert Stiftung 

Mission of the Government of Canada in Geneva, April 18, 2016

Under Article VI of the nuclear Nonproliferation Treaty (NPT), each of the parties, including the nuclear-weapon-state parties, “undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament.”

In its 1996 advisory opinion, the International Court of Justice (ICJ) found that the threat and use of nuclear weapons was generally illegal, but it could not decide whether this illegality applied “in an extreme circumstance of self-defense in which the very survival of a State would be at stake.” Three judges dissented from that ruling, arguing that nuclear weapons were illegal in all circumstances. In its 1996 opinion, the ICJ also concluded unanimously that the disarmament obligation is not limited to NPT parties.

But today, and contrary to these legal obligations, progress on nuclear disarmament is at a standstill, and the risk of unbridled nuclear competition is growing.1

U.S. MX missile re-entry vehicles being tested at Kwajalein Atoll. Each line represents the potential explosive power of about 300 kilotons of TNT. All nine of the world's nuclear weapon states are replacing or upgrading their nuclear weapons strike capabilities. (Photo courtesy of Department of Defense.)As the delegations here at the Conference on Disarmament (CD) and the Open-Ended Working Group (OEWG) on Disarmament realize, there are still no legally-binding restrictions on the nuclear buildups of world’s four non-NPT nuclear-armed states, and are currently no active bilateral or multilateral negotiations to further regulate, cap, or reduce the stockpiles of any of the world’s five original nuclear-armed states.

Worse still, key treaties like the Comprehensive Test Ban Treaty (CTBT) have not yet entered into force due to political divisions in Washington and inaction by seven other Annex 2 states, leaving the door to renewed nuclear weapons testing ajar twenty years after the Conference on Disarmament completed its negotiation and the treaty was opened for signature.

In addition to the tensions between key nuclear-armed states, the biggest challenge to the disarmament enterprise is the fact that all of the world’s nine nuclear-weapon states are, to varying degrees or another, devoting vast sums of money to modernize, upgrade, and in some cases expand the size and lethality of their nuclear arsenals and delivery systems.

As Hans Kristensen of the Federation of American Scientists wrote in in 20142, the numerical nuclear arms race between the United States and Russia may be over; but elsewhere, “a dynamic technological nuclear arms race is in full swing and may increase over the next decade.”

Although there is abundant evidence that even a “limited” exchange of nuclear weapons would result in a catastrophic humanitarian catastrophe—and in the view of many would violate the principles contained in the Law of War and be contrary to widespread interpretations of International Humanitarian Law—each of the nuclear-armed states continue to reaffirm the importance of such weapons for their security and maintain plans for the use of these weapons in a conflict.

U.S.-Russian Tensions

Undoubtedly, renewed tensions between Moscow and Washington are blocking progress on nuclear disarmament. The United States and Russia have a special responsibility to provide leadership to further reduce the role and number of nuclear weapons, but they are not doing so.

Although the number of nuclear weapons is down from its Cold War peak, the United States and Russia deploy far more nuclear weapons—some 1,800 each—than necessary for nuclear deterrence purposes. As President Barack Obama correctly noted in a speech in 2012, “we have more nuclear weapons than we need.”

Yet progress on further nuclear cuts is on hold. As President Obama recently acknowledged and the Russian [Ministry of Foreign Affairs] MFA confirmed, new negotiations on further nuclear disarmament beyond [the New Strategic Arms Reduction Treaty] New START are unlikely any time soon.

Russian leaders cite concerns about limited but unconstrained U.S. ballistic missile interceptors, NATO conventional military capabilities, and third-country nuclear arsenals, as reason for rejecting the June 2013 U.S. proposal for a further one-third reduction in each side’s strategic nuclear forces. But Russia has failed to put forward a counterproposal and has rejected U.S. offers to discuss the full range of strategic issues.

Complicating matters, Russia also has tested ground-based cruise missiles in violation of the 1987 Intermediate-Range Nuclear Forces (INF) Treaty. U.S. and Russian officials say they are interested in discussing the issue, but the matter remains unresolved. So long as it does, the prospects for negotiation of a follow-on agreement to New START are low.

Making matters even worse, Russian officials have begun to highlight their nuclear forces as a deterrent against what they see as increasingly threatening U.S. and NATO conventional military capabilities. Late last year, Russia “leaked” plans for a new nuclear-armed underwater torpedo, implying it is eyeing new types of nuclear weapons.

Now, in a troubling shift of rhetoric, the Defense Department has unwisely begun to frame its unaffordable, all-of-the-above plan for replacing and upgrading U.S. strategic bombers, nuclear-armed cruise missiles, and land- and sea-based strategic nuclear forces as part of its strategy to “counter Russia’s aggressive policies in Eastern Europe,” according its fiscal year 2017 budget request.

In reality, U.S. nuclear weapons, including the remaining forward-deployed tactical nuclear weapons are irrelevant to the protection of nervous NATO allies in the Baltics and elsewhere.

Obama and his successor, along with Russian President Vladimir Putin, have a responsibility to pull back from a nuclear action-reaction cycle that would put both countries at greater risk and block further nuclear reductions for many more years to come.

Other Nuclear-Armed States

Meanwhile, as the U.S. and Russian tensions and arsenals attract most international attention, China, India, and Pakistan are all pursuing new ballistic missile, cruise missile, and sea-based nuclear delivery systems3 themselves and increasing the size of their warhead stockpiles or their capacity to produce material to make more weapons.

Although smaller in number, these arsenals are just as dangerous. Pakistan has lowered the threshold for nuclear weapons use in a potential conflict with India by developing tactical nuclear weapons capabilities to counter perceived Indian conventional military threats.

Pakistan’s stated concern about India’s larger fissile stocks has led it to block negotiations on a fissile material cut-off treaty, even though the United States has recently opened the possibility of changing the mandate to address fissile stocks4.

For its part, India says it would support fissile cut-off talks, but it appears to be expanding its fissile material production capacity as the CD remains deadlocked.

Leaders in Beijing, New Delhi, and Islamabad profess support for nondiscriminatory approaches to disarmament and minimal deterrence, but their programs are moving in the opposite direction and there is little or no dialogue among them, and with others, on nuclear risk reduction options.

Chinese officials suggest they will not consider limits on their nuclear arsenal unless there are additional, deeper U.S. and Russian nuclear weapons cuts.

Although North Korea may be under tighter and tighter international sanctions, its nuclear weapons and ballistic programs remain unconstrained. With further nuclear and ballistic missile tests, it will likely have missile-deliverable nuclear warheads.

Israel’s nuclear opacity and the inability of the Arab League to find a way to agree on an agenda acceptable to Israel for a meeting Middle East Nuclear WMD Free Zone Treaty has frozen discussion of practical measures to reduce nuclear and missile dangers in that region.

Another challenge is the relatively low-level of public and policy-maker awareness about the dangers of renewed nuclear competition and the consequences of nuclear weapons use is relatively low in the United States—and perhaps elsewhere.

While there is support among Democrats in Congress for efforts to further cut U.S. and Russian arsenals, there is strong skepticism among Republicans in Congress about any further nuclear reductions, and even though the U.S. Defense Department acknowledges that it cannot afford its costly, all-of-the-above plan to replace each component of the U.S. nuclear arsenal5, for the time being there is bipartisan support for most U.S. nuclear weapons modernization programs.

Moving Forward

Obviously, these are very challenging conditions. These difficulties are reflected in the inability to achieve consensus here in Geneva at the CD and in the failure of the nuclear weapon states to meet key 2010 NPT Review Conference commitments and the inability of the states parties at the 2015 NPT Review Conference to agree on an updated action plan on disarmament.

Frustrated by the slow pace of the so-called “step-by-step approach” to disarmament, many non-nuclear-weapon states have tried to catalyze progress through the humanitarian consequences initiative. The effort has helped raise awareness once again about the unique destructive power of nuclear weapons and the dubious legal and moral basis for their possession and use.

But that initiative and the open-ended working group to discuss possible measures “to fill the legal gap for the prohibition and elimination of nuclear weapons" has not yet produced a unified, realistic diplomatic proposal for halting nuclear competition or starting multilateral disarmament talks.

There is no substitute for serious dialogue, the political will and support to achieve results, and international and domestic pressure to achieve meaningful results.

Simply repeating calls for action are not sufficient. Creative, practical ideas are needed to overcome persistent obstacles and new challenges.

It does not appear to me that there is any one initiative that can overcome these broader systemic challenges that impede progress on disarmament.

Rather, it will likely take the pursuit of multiple, practical, and sometimes bold, initiatives on the part of responsible leaders and groups of states.

So, what options might states participating in the OEWG and the CD pursue to jumpstart progress? Allow me to briefly comment on a few that are in circulation here in Vienna and to offer a few others for your consideration.

  • A Ban Treaty
    At the February OEWG discussions some states and civil society campaigners suggested it is time to launch talks on a treaty to ban nuclear weapons possession and use. Such a ban is, in my view, eventually a necessary step toward a world without nuclear weapons.

    But if such a negotiation is launched and concluded, it would not help the nuclear weapon states meet their nuclear disarmament obligations and would not likely do much to change opinion, policies, dangerous nuclear use doctrines, or accelerate progress on the elimination of the nuclear arsenals in the nuclear-armed states.

    This is due in large part to the fact that the nuclear weapons states will simply ignore the process and the results. The key is to draw them in such a way that they are compelled or persuaded to shift their approach and accelerate action toward zero nuclear weapons.
  • Challenge Nuclear Weapons Use and Use Doctrines 
    Another, approach—which would help address the longstanding goal of assuring non-nuclear-weapon states against the use or threat of use of nuclear weapons—would be to pursue the negotiation of a legally-binding instrument banning the use of nuclear weapons.

    Such an instrument would not, as some have suggested, legitimize the possession of nuclear weapons. Even if the nuclear-weapon states do not initially join in the negotiation or sign the instrument, the process itself and the final product could further delegitimize nuclear weapons, strengthen the legal norm against their use, and put pressure on nuclear-armed states to revise their nuclear doctrines.

    Another approach would be to press each of the nuclear-armed states to report, in detail, on the physical, environmental, and human impacts of their nuclear war plans, if these plans were to be carried out, and how they believe the use of hundreds of such weapons would be consistent with humanitarian law and the laws of war as some nuclear-armed states claim6.

    Such a process could force an examination of dangerous nuclear doctrines and focus public attention on the catastrophic consequences of nuclear weapons use.
  • UN Study on Effects of Possible Nuclear Exchanges Between Weapons States
    Part of the OEWG mandate is to make recommendations on “measures to increase awareness and understanding of the complexity of and interrelationship between the wide range of humanitarian consequences that would result from any nuclear detonation.”

    One important way to do so is to launch a UN study on the climate effects and related humanitarian impacts of nuclear weapons use.

    Tremendous advances in climate modeling and research on both the immediate effects and impacts on climate and agriculture from large-scale nuclear weapons use have been completed since the United Nations looked at the issue 25 years ago. It is time for an up-to-date UN study and report on these issues to inform current and future debate and decisions on global nuclear policy.
  • Disarmament Discussions in the CD or Through Another Forum
    Theoretically, the CD can be a forum for a dialogue on disarmament. The United Kingdom has put forward a useful, and wide-ranging proposal for a working group to discuss and identify effective measures on nuclear disarmament7. It would appear to be flexible enough to all states’ interests into account. If states do not burden this proposal with poison pill demands, it could help extend the conversations taking place at the OEWG and engage key nuclear-armed states. If launched, it would be vital for all states to bring forward detailed and considered proposals, not tired talking points.

    Another option would be to initiate a series of high-level summits approach to put the spotlight on the issue and spur new ideas. This would complement the ongoing P5 [China, France, Russia, the United Kingdom and the United States] dialogue on nuclear terms and concepts and the humanitarian impacts initiative.

    Leaders from a core group of states could invite their counterparts from a representative group of 20 to 30 nuclear- and non-nuclear-weapon states to join a one- or two-day summit on steps to achieve a world free of nuclear weapons. The high-level meeting could be a starting point for ongoing, regular disarmament discussions at the expert and ministerial levels on the basis of a clear understanding of the devastating impacts of nuclear weapons use and an objective assessment of the security concerns of states.

    Borrowing a concept from the nuclear security summit process, all participants should be encouraged to bring “house gifts”—specific actions by states that would concretely diminish the threat of nuclear weapons use, freeze or reduce the number of nuclear weapons, reduce the role of nuclear weapons, bring into force key agreements such as the Comprehensive Test Ban Treaty, or make their nuclear programs more transparent.
  • UN Security Council and UN General Assembly Action to Reinforce the Test Ban Pending Entry Into Force
    The CTBT was concluded twenty years ago, yet entry into force is still many years away. It is essential that states that support the norm against nuclear testing support initiatives that raise the political and legal barriers for testing pending entry into force of the CTBT.

    Specifically, we urge you to actively support a non-binding UN Security Council resolution and a parallel UN General Assembly measure later this year that:
  1. Calls on all states to refrain from testing and calls upon those states that have not ratified the CTBT to do so at the earliest possible time;
  2. Declares that the conduct of a nuclear test explosion would defeat the object and purpose of the CTBT;
  3. Underscores the need for a continuous, real-time global nuclear test monitoring capability to detect, identify, and locate nuclear test explosions, and recognizes the vital contributions of the Comprehensive Test Ban Treaty Organization, including the International Monitoring System and International Data Centre.

    In light of the North Korea’s ongoing nuclear testing, the central importance of the CTBT to the NPT and nonproliferation, and the ongoing efforts by several nuclear-armed states to improve their capabilities, the time is right to take this initiative. The place to begin discussing it is the upcoming June 13 high-level meeting in Vienna on the CTBT.
  • Call for Parallel U.S.-Russian Reductions Without a New Treaty
    In 2010, all of the nuclear-weapon states committed “to accelerate concrete progress on the steps leading to nuclear disarmament,” including “all types of nuclear weapons.”

    Further nuclear reductions need not wait for a new U.S.-Russian arms control treaty. More states need to call upon the United States and Russia to accelerate the pace of reductions under New START to reach the agreed limits before the 2018 deadline and call on both states to continue to reduce force levels below the New START ceilings, to be verified with the treaty’s monitoring regime.
  • New START Follow-On Talks No Later Than 2017
    States can also call upon the leaders in Moscow and Washington to begin formal negotiations on a follow-on to New START, and on other relevant strategic weapons issues, no later than 2017.

    The aim should aim to cut each side’s strategic arsenals to fewer than 1,100 deployed strategic warheads and 500 deployed strategic delivery vehicles, including any strategic-range conventional prompt-strike weapons. Such talks can and should explore a wider range of issues, including transparency and confidence-building steps on tactical nuclear weapons and joint understandings on missile defense capabilities and deployments8. Talks should begin soon and before New START expires in 2021 
  • Reinforce the INF Treaty and Pursue Nuclear-Armed Cruise Missile Limits
    To sustain progress on nuclear disarmament, it is essential to reinforce and expand the INF Treaty. States at the CD and elsewhere need to speak up and call upon the United States and Russia to immediately resolve compliance concerns.

    The United States and other like-minded states could also propose and initiate talks with other states in talks on limiting and eventually phasing out all nuclear-armed cruise missile systems. President Obama could spur progress in this area by cancelling plans for a costly new U.S. air-launched cruise missile, which would have new military capabilities and is destabilizing former U.S. Secretary of Defense William J. Perry and others have proposed9.

    Such an initiative would allow the United States, Russia and other countries to forgo expensive modernization programs for such missiles, and in cooperation with other key states, head off dangerous cruise missile buildups around the globe.
  • Call On Other Nuclear-Armed States to Freeze Their Nuclear Buildups
    The world’s other nuclear-armed states must do their part too.

    In addition to urging the United States, China, and the other CTBT Annex 2 states to finally take the steps necessary to ratify the Comprehensive Nuclear Test Ban Treaty, Russia and the world’s other nuclear-armed states should be called upon by all NPT states parties to freeze the overall size of their stockpiles as long as the United States and Russia continue to reduce their nuclear arsenals. 

    A unified push for further U.S.-Russian arms cuts combined with a global nuclear weapons freeze by the other nuclear-armed states would help create the conditions for multilateral, verifiable nuclear disarmament and an eventual ban on nuclear weapons.

In the coming months and years, creative, bold approaches will be needed to overcome old and new obstacles to the long-running effort to eliminate the potential for nuclear catastrophe.


1. "Race for Latest Class of Nuclear Arms Threatens to Revive Cold War,” By William J. Broad and David E. Sanger, The New York Times, April 16, 2016

2. “Nuclear Weapons Modernization: A Threat to the NPT?,” Hans M. Kristensen in Arms Control Today, May 2014.

3. “India’s Submarine Completes Tests,” Kelsey Davenport, Arms Control Today, April 2016

4. “U.S. Floats New Fissile Talks Formula, “ Daryl G. Kimball, Arms Control Today, March 2016.

5. “The U.S. Nuclear Weapons Spending Binge,” by Daryl G. Kimball, Arms Control Today, December 2015

6. The June 2013 Report on the Nuclear Weapons Employment Strategy of the United States claims that: [t]he new guidance makes clear that all plans must be consistent with the fundamental principles of the Law of Armed Conflict. Accordingly, plans will, for example, apply the principles of distinction and proportionality and seek to minimize collateral damage to civilian populations and civilian objects. The United States will not intentionally target civilian populations or civilian objects.”

7. Letter dated 19 February from the Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the Conference on Disarmament.

8. “Second Report of the Deep Cuts Commission: Strengthening Stability in Turbulent Times,” published by the Institute for Peace Research and Security Policy at the University of Hamburg, April 2015.

9.“Overkill: The Case Against a New Nuclear Air-Launched Cruise Missile” by Kingston Reif, Arms Control Association Issue Brief, October 19, 2015

Country Resources:

Posted: April 18, 2016

ICJ Hears Nuclear Disarmament Case

The International Court of Justice (ICJ) in The Hague began hearing arguments March 7 in a case brought against nuclear-armed India, Pakistan, and the United Kingdom by the Republic of the Marshall Islands...

April 2016

By Daryl G. Kimball

The International Court of Justice (ICJ) in The Hague began hearing arguments March 7 in a case brought against nuclear-armed India, Pakistan, and the United Kingdom by the Republic of the Marshall Islands, which contends that the UK has failed to meet disarmament obligations under Article VI of the nuclear Nonproliferation Treaty (NPT) and NPT nonsignatories India and Pakistan have breached nuclear disarmament obligations established under customary international law.

The action by the island republic, which was a U.S. protectorate until 1986, represents the most significant international legal challenge on nuclear weapons since the ICJ issued an advisory opinion on the “the legality of threat of or use of nuclear weapons” in 1996. It also reflects the growing frustration of many non-nuclear-weapon states over what they see as the slow pace of nuclear disarmament.

The Marshall Islands, whose land and people were severely affected by 67 U.S. atmospheric nuclear tests conducted there from 1946 to 1958, is petitioning the ICJ to declare the three states in breach of their nuclear disarmament obligations and order them to initiate negotiations on nuclear disarmament.

In its 1996 advisory opinion, the ICJ judged that the threat and use of nuclear weapons was generally illegal, but added that it could not decide whether this illegality applied “in an extreme circumstance of self-defense in which the very survival of a State would be at stake.” Three judges dissented from that ruling, arguing that nuclear weapons were illegal in all circumstances. In its 1996 opinion, the ICJ also concluded unanimously that the disarmament obligation is not limited to NPT parties.

In court arguments, India, Pakistan and the UK separately argued that the Marshall Islands case was without merit and that they were committed to achieving nuclear disarmament. India in particular emphasized its votes in favor of nuclear disarmament at the UN General Assembly.

The Indian government “believes that given our consistent and principled position on the NPT, to which India is not a party to, NPT provisions cannot be extended to India as a legal obligation,” External Affairs Ministry spokesperson Vikas Swarup said in a March 7 statement.

On the same day that the nuclear disarmament case opened at the ICJ, India conducted a test of its new, nuclear-capable K-4 submarine-launched ballistic missile.

Tony de Brum, a representative of the Marshall Islands in the case and the former foreign minister, charged at the ICJ on March 15 that by “proudly and rapidly enhancing and diversifying” its nuclear arsenal, India’s “conduct is the opposite of satisfying a legal obligation to negotiate in good faith nuclear disarmament.”

In April 2014, the Marshall Islands filed formal applications in the ICJ instituting proceedings against all nine of the world’s nuclear-armed states. But only India, Pakistan, and the UK accept the compulsory jurisdiction of the court and appeared in The Hague to argue their side in the case. The other nuclear-armed states were invited to respond, but China declined and the others did not respond.

The ICJ is expected to issue separate rulings on the jurisdiction and admissibility of each case later this year. If the court rules in favor of the Marshall Islands, the process will move to the merits phase. If the court rules against the plaintiffs, the case will be over.

Posted: March 29, 2016

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