Nuclear Non-Proliferation Treaty
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| Nuclear Non-Proliferation Treaty | |
|---|---|
| Signed - location |
1 July 1968 New York, United States |
| Effective - condition |
5 March 1970 Ratification by the United Kingdom, the Soviet Union, the United States, and 40 other signatory states. |
| Parties | 189 (Complete List) |
| Signed and ratified Acceded or succeeded State abiding by treaty | Withdrawn Non-signatory |
The Treaty on the Non-Proliferation of Nuclear Weapons, also Nuclear Non-Proliferation Treaty (NPT or NNPT) is a treaty to limit the spread of nuclear weapons, opened for signature on July 1, 1968. There are currently 189 countries party to the treaty, five of which have nuclear weapons: the United States, the United Kingdom, France, Russia, and the People's Republic of China (the permanent members of the UN Security Council).
Only four recognized sovereign states are not parties to the treaty: India, Israel, Pakistan and North Korea. India and Pakistan both possess and have openly tested nuclear bombs. Israel has had a policy of opacity regarding its own nuclear weapons program. North Korea acceded to the treaty, violated it, and later withdrew.
The treaty was proposed by Ireland, and Finland was the first to sign. The signing parties decided by consensus to extend the treaty indefinitely and without conditions upon meeting in New York City on May 11, 1995. The NPT consists of a preamble and eleven articles. Although the concept of "pillars" appears nowhere in the NPT, the treaty is nevertheless sometimes interpreted as having three pillars: non-proliferation, disarmament, and the right to peacefully use nuclear technology.[1]
Contents |
[edit] Treaty pillars
[edit] First pillar: non-proliferation
Five states are recognized by the NPT as nuclear weapon states (NWS): France (signed 1992), the People's Republic of China (1992), the Soviet Union (1968; obligations and rights now assumed by Russia), the United Kingdom (1968), and the United States (1968) (The U.S., UK, and Soviet Union were the only states openly possessing such weapons among the original ratifiers of the treaty, which entered into force in 1970). These five nations are also the five permanent members of the United Nations Security Council. These five NWS agree not to transfer "nuclear weapons or other nuclear explosive devices" and "not in any way to assist, encourage, or induce" a non-nuclear weapon state (NNWS) to acquire nuclear weapons (Article I). NNWS parties to the NPT agree not to "receive," "manufacture" or "acquire" nuclear weapons or to "seek or receive any assistance in the manufacture of nuclear weapons" (Article II). NNWS parties also agree to accept safeguards by the International Atomic Energy Agency (IAEA) to verify that they are not diverting nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices (Article III). This has been cited as a major issue in the Indo-US civilian nuclear agreement as India has not offered unrestricted access to its nuclear facilities.
The five NWS parties have made undertakings not to use their nuclear weapons against a non-NWS party except in response to a nuclear attack, or a conventional attack in alliance with a Nuclear Weapons State. However, these undertakings have not been incorporated formally into the treaty, and the exact details have varied over time. The U.S. also had nuclear warheads targeted at North Korea, a non-NWS state, from 1959 until 1991. The previous United Kingdom Secretary of State for Defence, Geoff Hoon, has also explicitly invoked the possibility of the use of the country's nuclear weapons in response to a non-conventional attack by "rogue states"[2]. In January 2006, President Jacques Chirac of France indicated that an incident of state-sponsored terrorism on France could trigger a small-scale nuclear retaliation aimed at destroying the "rogue state's" power centers.[3][4]
[edit] Second pillar: disarmament
The NPT's preamble contains language affirming the desire of treaty signatories to ease international tension and strengthen international trust so as to create someday the conditions for a halt to the production of nuclear weapons, and treaty on general and complete disarmament that liquidates, in particular, nuclear weapons and their delivery vehicles from national arsenals. The NPT's Article VI elaborates on the preamble's language, urging all State Parties to the NPT, both nuclear-weapon states and non-nuclear-weapon states, "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, and on a treaty on general and complete disarmament under strict and effective international control."
On the one hand, the wording of Article VI arguably imposes only a vague obligation on all NPT signatories to move in the general direction of nuclear and total disarmament, saying, "Each of the Parties to the Treaty 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, and on a treaty on general and complete disarmament."[5] Under this interpretation, Article VI does not strictly require all signatories to actually conclude a disarmament treaty. Rather, it only requires them "to negotiate in good faith."[6]
On the other hand, some governments, especially non-nuclear-weapon states belonging to the Non-Aligned Movement, have interpreted Article VI's language as being anything but vague. In their view, Article VI constitutes a formal and specific obligation on the NPT-recognized nuclear-weapon states to disarm themselves of nuclear weapons, and argue that these states have failed to meet their obligation. Some government delegations to the Conference on Disarmament have tabled proposals for a complete and universal disarmament, but no disarmament treaty has emerged from these proposals[footnote needed]. Critics of the NPT-recognized nuclear-weapon states sometimes argue that what they view as the failure of the NPT-recognized nuclear weapon states to disarm themselves of nuclear weapons, especially in the post-Cold War era, has angered some non-nuclear-weapon NPT signatories of the NPT. Such failure, these critics add, provides justification for the non-nuclear-weapon signatories to quit the NPT and develop their own nuclear arsenals.
Peter Pella (Gettysburg College), a former William Foster Fellow who worked with the Arms Control Disarmament Agency on the NPT, maintained that countries will pursue nuclear disarmament as a goal only if they feel it is in their national interests to do so, and that the permanence of NPT along with other measures will enhance security and speed up the disarmament process.[citation needed]
[edit] Third pillar: peaceful use of nuclear energy
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The third pillar allows for and agrees upon the transfer of nuclear technology and materials to NPT signatory countries for the development of civilian nuclear energy programs in those countries, as long as they can demonstrate that their nuclear programs are not being used for the development of nuclear weapons.
Since very few of the nuclear weapons states and states using nuclear reactors for energy generation are willing to completely abandon possession of nuclear fuel, the third pillar of the NPT under Article IV provides other states with the possibility to do the same, but under conditions intended to make it difficult to develop nuclear weapons.
The treaty recognizes the inalienable right of sovereign states to use nuclear energy for peaceful purposes, but restricts this right for NPT parties to be exercised "in conformity with Articles I and II" (the basic nonproliferation obligations that constitute the "first pillar" of the Treaty). As the commercially popular light water reactor nuclear power station uses enriched uranium fuel, it follows that states must be able either to enrich uranium or purchase it on an international market. Mohamed ElBaradei, Director General of the International Atomic Energy Agency, has called the spread of enrichment and reprocessing capabilities the "Achilles' heel" of the nuclear nonproliferation regime. As of 2007 13 states have an enrichment capability.[7]
Countries that have signed the treaty as Non-Nuclear Weapons States and maintained that status have an unbroken record of not building nuclear weapons. However, Iraq was cited by the IAEA and sanctioned by the UN Security Council for violating its NPT safeguards obligations; North Korea never came into compliance with its NPT safeguards agreement and was cited repeatedly for these violations,[8] and later withdrew from the NPT and tested a nuclear device; Iran was found in non-compliance with its NPT safeguards obligations in an unusual non-consensus decision because it "failed in a number of instances over an extended period of time" to report aspects of its enrichment program;[9][10] and Libya pursued a clandestine nuclear weapons program before abandoning it in December 2003. In 1991 Romania reported previously undeclared nuclear activities by the former regime and the IAEA reported this non-compliance to the Security Council for information only. In some regions, the fact that all neighbors are verifiably free of nuclear weapons reduces any pressure individual states might feel to build those weapons themselves, even if neighbors are known to have peaceful nuclear energy programs that might otherwise be suspicious. In this, the treaty works as designed.
Mohamed ElBaradei, Director General of the International Atomic Energy Agency (IAEA), has said that by some estimates thirty-five to forty states could have the knowledge to acquire nuclear weapons.[11]
[edit] Key articles
Article I:[12] Each nuclear-weapons state (NWS) undertakes not to transfer, to any recipient, nuclear weapons, or other nuclear explosive devices, and not to assist any non-nuclear weapon state to manufacture or acquire such weapons or devices.
Article II: Each non-NWS party undertakes not to receive, from any source, nuclear weapons, or other nuclear explosive devices; not to manufacture or acquire such weapons or devices; and not to receive any assistance in their manufacture.
Article III: Each non-NWS party undertakes to conclude an agreement with the IAEA for the application of its safeguards to all nuclear material in all of the state's peaceful nuclear activities and to prevent diversion of such material to nuclear weapons or other nuclear explosive devices.
Article IV: 1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this Treaty.
2. All the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do so shall also co-operate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world.
Article VI. The states undertake 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", and towards a "Treaty on general and complete disarmament under strict and effective international control".
Article X. Establishes the right to withdraw from the Treaty giving 3 months' notice. It also establishes the duration of the Treaty (25 years before 1995 Extension Initiative).
[edit] History
- See also: Nuclear proliferation
The impetus behind the NPT was concern for the safety of a world with many nuclear weapon states. It was recognized that the cold war deterrent relationship between just the United States and Soviet Union was fragile. More nuclear players reduced security for all, multiplying the risks of miscalculation, accident or unauthorized use, or through the escalation of a small nuclear conflict.
The NPT process was launched by Frank Aiken, Irish Minister for External Affairs, in 1958. It was opened for signature in 1968, with Finland the first State to sign. By 1992 all five then-declared nuclear powers had signed the treaty, and the treaty was renewed in 1995 (and followed by the Comprehensive Test Ban Treaty in 1996). Several NPT signatories have given up nuclear weapons or nuclear weapons programs. South Africa undertook a nuclear weapons program, allegedly with the assistance of Israel in the 1970s, and may have conducted a nuclear test in the Atlantic ocean in 1979, but has since renounced its nuclear program and signed the treaty in 1991 after destroying its small nuclear arsenal. Several former Soviet Republics destroyed or transferred to Russia the nuclear weapons inherited from the Soviet Union.
[edit] United States-NATO nuclear weapons sharing
At the time the treaty was being negotiated, NATO had in place secret nuclear weapons sharing agreements whereby the United States provided nuclear weapons to be deployed by, and stored in, other NATO states. Some argue this is an act of proliferation violating Articles I and II of the treaty. A counter-argument is that the U.S. controlled the weapons in storage within the NATO states, and that no transfer of the weapons or control over them was intended "unless and until a decision were made to go to war, at which the treaty would no longer be controlling", so there is no breach of the NPT. These agreements were disclosed to a few of the states, including the Soviet Union, negotiating the treaty, but most of the states that signed the NPT in 1968 would not have known about these agreements and interpretations at that time [13].
As of 2005, it is estimated that the United States still provides about 180 tactical B61 nuclear bombs for use by Belgium, Germany, Italy, the Netherlands and Turkey under these NATO agreements [14]. Many states, and the Non-Aligned Movement, now argue this violates Articles I and II of the treaty, and are applying diplomatic pressure to terminate these agreements. They point out that the pilots and other staff of the "non-nuclear" NATO states practice handling and delivering the U.S. nuclear bombs, and non-U.S. warplanes have been adapted to deliver U.S. nuclear bombs which must have involved the transfer of some technical nuclear weapons information. NATO believes its "nuclear forces continue to play an essential role in war prevention, but their role is now more fundamentally political". [15]