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Treaty on the Non-Proliferation of Nuclear Weapons |
Participation in the Nuclear Non-Proliferation Treaty
Recognized nuclear-weapon state ratifiers
Recognized nuclear-weapon state acceders
Other ratifiers
Other acceders or succeeders
|
Non-signatories
(India, Israel, Pakistan, South Sudan)
Partially recognized state which ratified (Taiwan)
|
|
Signed | 1 July 1968 |
Location | Moscow, Russia; London, UK; Washington DC, United States |
Effective | 5 March 1970 |
Condition | Ratification by the Soviet Union, the United Kingdom, the United States, and 40 other signatory states. |
Parties | 190 (complete list) non-parties: India, Israel, North Korea, Pakistan and South Sudan |
Depositary | Governments
of the United States of America, the United Kingdom of Great Britain
and Northern Ireland, and the Union of Soviet Socialist Republics |
Languages | English, Russian, French, Spanish and Chinese |
The
Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the
Non-Proliferation Treaty or
NPT, is an international
treaty whose objective is to prevent the spread of
nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of
nuclear energy, and to further the goal of achieving
nuclear disarmament and general and complete disarmament. Between 1965 and 1968, the treaty was negotiated by the
Eighteen Nation Committee on Disarmament, a
United Nations-sponsored organization based in
Geneva,
Switzerland.
Opened for signature in 1968, the treaty entered into force in
1970. As required by the text, after twenty-five years, NPT Parties met
in May 1995 and agreed to extend the treaty indefinitely.
More countries have adhered to the NPT than any other arms limitation
and disarmament agreement, a testament to the treaty's significance. As of August 2016, 191 states have adhered to the treaty, though
North Korea,
which acceded in 1985 but never came into compliance, announced its
withdrawal from the NPT in 2003, following detonation of nuclear devices
in violation of core obligations. Four
UN member states have never accepted the NPT, three of which possess nuclear weapons:
India,
Israel, and
Pakistan. In addition,
South Sudan, founded in 2011, has not joined.
The treaty defines
nuclear-weapon states as those that have built and tested a nuclear explosive device before 1 January 1967; these are the
United States,
Russia, the
United Kingdom,
France, and
China. Four other states are known or believed to possess nuclear weapons:
India,
Pakistan, and
North Korea have openly tested and declared that they possess nuclear weapons, while
Israel is
deliberately ambiguous regarding
its nuclear weapons status.
The NPT is often seen to be based on a central bargain:
the NPT non-nuclear-weapon states agree never to acquire
nuclear weapons and the NPT nuclear-weapon states in exchange agree to
share the benefits of peaceful nuclear technology and to pursue nuclear
disarmament aimed at the ultimate elimination of their nuclear arsenals.
The treaty is reviewed every five years in meetings called Review
Conferences of the Parties to the Treaty of Non-Proliferation of Nuclear
Weapons. Even though the treaty was originally conceived with a limited
duration of 25 years, the signing parties decided, by consensus, to
unconditionally extend the treaty indefinitely during the Review
Conference in New York City on 11 May 1995, in the culmination of U.S.
government efforts led by Ambassador
Thomas Graham Jr.
At the time the NPT was proposed, there were predictions of 25–30
nuclear weapon states within 20 years. Instead, over forty years later,
five states are not parties to the NPT, and they include the only four
additional states believed to possess nuclear weapons.
Several additional measures have been adopted to strengthen the NPT and
the broader nuclear nonproliferation regime and make it difficult for
states to acquire the capability to produce nuclear weapons, including
the export controls of the
Nuclear Suppliers Group and the enhanced verification measures of the
International Atomic Energy Agency (IAEA)
Additional Protocol.
Critics argue that the NPT cannot stop the proliferation of
nuclear weapons or the motivation to acquire them. They express
disappointment with the limited progress on nuclear disarmament, where
the five authorized nuclear weapons states still have 22,000 warheads in
their combined stockpile and have shown a reluctance to disarm further. Several high-ranking officials within the United Nations have said that they can do little to stop states using
nuclear reactors to produce nuclear weapons.
Treaty structure
The
NPT consists of a preamble and eleven articles. Although the concept of
"pillars" is not expressed anywhere in the NPT, the treaty is
nevertheless sometimes interpreted as a three-pillar system, with an implicit balance among them:
- non-proliferation,
- disarmament, and
- the right to peacefully use nuclear technology.
These pillars are interrelated and mutually reinforcing. An effective
nonproliferation regime whose members comply with their obligations
provides an essential foundation for progress on disarmament and makes
possible greater cooperation on the peaceful use of nuclear energy. With
the right to access the benefits of peaceful nuclear technology comes
the responsibility of nonproliferation. Progress on disarmament
reinforces efforts to strengthen the nonproliferation regime and to
enforce compliance with obligations, thereby also facilitating peaceful
nuclear cooperation.
The "pillars" concept has been questioned by some who believe that the
NPT is, as its name suggests, principally about nonproliferation, and
who worry that "three pillars" language misleadingly implies that the
three elements have equivalent importance.
First pillar: Non-proliferation
Under
Article I of the NPT, nuclear-weapon states pledge not to transfer
nuclear weapons or other nuclear explosive devices to any recipient or
in any way assist, encourage or induce any non-nuclear-weapon state in
the manufacture or acquisition of a nuclear weapon.
Under Article II of the NPT, non-nuclear-weapon states pledge not
to acquire or exercise control over nuclear weapons or other nuclear
explosive devices and not to seek or receive assistance in the
manufacture of such devices. Under Article III of the Treaty,
non-nuclear-weapon states pledge to accept IAEA safeguards to verify
that their nuclear activities serve only peaceful purposes.
Five states are recognized by NPT as nuclear weapon states (NWS):
China (signed 1992), France (1992), the Soviet Union (1968; obligations
and rights now assumed by the Russian Federation), the United Kingdom
(1968), and the United States (1968). 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).
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, 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". 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.
Second pillar: Disarmament
Under
Article VI of the NPT, all Parties undertake to pursue good-faith
negotiations on effective measures relating to cessation of the nuclear
arms race, to nuclear disarmament, and to general and complete
disarmament.
Article VI of the NPT represents the only binding commitment in a
multilateral treaty to the goal of disarmament by the nuclear-weapon
states. 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 wording of the NPT's 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."
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."
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.
[citation needed] The International Court of Justice (ICJ), in its
advisory opinion on the Legality of the Threat or Use of Nuclear Weapons, issued 8 July 1996, unanimously interprets the text of Article VI as implying that
There exists an obligation to pursue in good faith and
bring to a conclusion negotiations leading to nuclear disarmament in all
its aspects under strict and effective international control.
The ICJ opinion notes that this obligation involves all NPT parties
(not just the nuclear weapon states) and does not suggest a specific
time frame for nuclear disarmament.
Critics of the NPT-recognized nuclear-weapon states (the United
States, Russia, China, France, and the United Kingdom) 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.
Other observers have suggested that the linkage between
proliferation and disarmament may also work the other way, i.e., that
the failure to resolve proliferation threats in Iran and North Korea,
for instance, will cripple the prospects for disarmament.
No current nuclear weapons state, the argument goes, would seriously
consider eliminating its last nuclear weapons without high confidence
that other countries would not acquire them. Some observers have even
suggested that the very progress of disarmament by the superpowers—which
has led to the elimination of thousands of weapons and delivery systems—could
eventually make the possession of nuclear weapons more attractive by
increasing the perceived strategic value of a small arsenal. As one U.S.
official and NPT expert warned in 2007, "logic suggests that as the
number of nuclear weapons decreases, the 'marginal utility' of a nuclear
weapon as an instrument of military power increases. At the extreme,
which it is precisely disarmament's hope to create, the strategic
utility of even one or two nuclear weapons would be huge."
Third pillar: Peaceful use of nuclear energy
NPT
Article IV acknowledges the right of all Parties to develop nuclear
energy for peaceful purposes and to benefit from international
cooperation in this area, in conformity with their nonproliferation
obligations. Article IV also encourages such cooperation.
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 states with
nuclear energy
programs are willing to abandon the use of nuclear energy, 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, then 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.
Because the availability of fissile material has long been
considered the principal obstacle to, and "pacing element" for, a
country's nuclear weapons development effort, it was declared a major
emphasis of U.S. policy in 2004 to prevent the further spread of uranium
enrichment and plutonium reprocessing (a.k.a. "ENR") technology.
Countries possessing ENR capabilities, it is feared, have what is in
effect the option of using this capability to produce fissile material
for weapons use on demand, thus giving them what has been termed a
"virtual" nuclear weapons program.
The degree to which NPT members have a "right" to ENR technology
notwithstanding its potentially grave proliferation implications,
therefore, is at the cutting edge of policy and legal debates
surrounding the meaning of Article IV and its relation to Articles I,
II, and III of the treaty.
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 with
punitive sanctions enacted against it 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,
and later withdrew from the NPT and tested multiple nuclear devices;
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; 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.
In 2004,
Mohamed ElBaradei said that by some estimates thirty-five to forty states could have the knowledge to develop nuclear weapons.
Key articles
Article I:
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: Each party "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 under strict and effective
international control".
Article IX: "For the purposes of this Treaty, a
nuclear-weapon State is one which has manufactured and exploded a
nuclear weapon or other nuclear explosive device prior to 1 January
1967."
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).
History
Date NPT first effective (including USSR, YU, CS of that time)
1st decade: ratified or acceded 1968–1977
2nd decade: ratified or acceded 1978–1987
3rd decade: ratified or acceded since 1988
Never signed (India, Israel, Pakistan, South Sudan)
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. Having more nuclear-weapon states would reduce security
for all, multiplying the risks of miscalculation, accidents,
unauthorized use of weapons, or from escalation in tensions, nuclear
conflict. Moreover, the use of nuclear weapons in Hiroshima and Nagasaki
in 1945, it has been apparent that the development of nuclear
capabilities by States could enable them to divert technology and
materials for weapons purposes. Thus, the problem of preventing such
diversions became a central issue in discussions on peaceful uses of
nuclear energy.
Initial efforts, which began in 1946, to create an international
system enabling all States to have access to nuclear technology under
appropriate safeguards, were terminated in 1949 without the achievement
of this objective, due to serious political differences between the
major Powers. By then, both the United States and the former Soviet
Union had tested nuclear weapons, and were beginning to build their
stockpiles.
In December 1953, US President Dwight D. Eisenhower in his "
Atoms for Peace"
proposal, presented to the eighth session of the United Nations General
Assembly, urged that an international organization be established to
disseminate peaceful nuclear technology, while guarding against
development of weapons capabilities in additional countries. His
proposal resulted in 1957 in the establishment of the International
Atomic Energy Agency (IAEA), which was charged with the dual
responsibility of promotion and control of nuclear technology. IAEA
technical activities began in 1958. An interim safeguards system for
small nuclear reactors, put in place in 1961, was replaced in 1964 by a
system covering larger installations and, over the following years, was
expanded to include additional nuclear facilities. In recent years,
efforts to strengthen the effectiveness and improve the efficiency of
the IAEA safeguards system culminated in the approval of the Model
Additional Protocol by the IAEA Board of Governors in May 1997.
Within the framework of the United Nations, the principle of
nuclear non-proliferation was addressed in negotiations as early as
1957. The NPT process was launched by
Frank Aiken,
Irish Minister for External Affairs, in 1958. The NPT gained
significant momentum in the early 1960s. The structure of a treaty to
uphold nuclear non-proliferation as a norm of international behaviour
had become clear by the mid-1960s, and by 1968 final agreement had been
reached on a Treaty that would prevent the proliferation of nuclear
weapons, enable cooperation for the peaceful use of nuclear energy, and
further the goal of achieving nuclear disarmament. It was opened for
signature in 1968, with Finland the first
State to sign. Accession became nearly universal after the end of the
Cold War and of South African
apartheid. In 1992, China and France acceded to the NPT, the last of the five nuclear powers recognized by the treaty to do so.
The treaty provided, in article X, for a conference to be
convened 25 years after its entry into force to decide whether the
treaty should continue in force indefinitely, or be extended for an
additional fixed period or periods. Accordingly, at the NPT Review and
Extension Conference in May 1995, state parties to the treaty
agreed-without a vote-on the treaty's indefinite extension, and decided
that review conferences should continue to be held every five years.
After Brazil acceded to the NPT in 1998, the only remaining
non-nuclear-weapon state which had not signed was Cuba, which joined the
NPT (and the
Treaty of Tlatelolco NWFZ) in 2002.
Several NPT states parties have given up nuclear weapons or
nuclear weapons programs. South Africa undertook a nuclear weapons
program, but has since renounced it and acceded to the treaty in 1991
after destroying its small nuclear
arsenal; after this, the remaining African countries signed the treaty. The
former Soviet Republics
where nuclear weapons had been based, namely Ukraine, Belarus and
Kazakhstan, transferred those weapons to Russia and joined the NPT by
1994 following the signature of the
Budapest Memorandum on Security Assurances.
Successor states from the breakups of Yugoslavia and
Czechoslovakia also joined the treaty soon after their independence.
Montenegro and East Timor were the last countries to accede to the
treaty on their independence in 2006 and 2003; the only other country to
accede in the 21st century was Cuba in 2002. The three Micronesian
countries in
Compact of Free Association with the USA joined the NPT in 1995, along with Vanuatu.
Major South American countries Argentina, Chile, and Brazil
joined in 1995 and 1998. Arabian Peninsula countries included Saudi
Arabia and Bahrain in 1988, Qatar and Kuwait in 1989, UAE in 1995, and
Oman in 1997. The tiny European states of Monaco and Andorra joined in
1995-6. Also acceding in the 1990s were Myanmar in 1992 and Guyana in
1993.
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.
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. 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".
U.S. nuclear sharing policies were originally designed to help
prevent the proliferation of nuclear weapons—not least by persuading the
then West Germany not to develop an independent nuclear capability by
assuring it that West Germany would be able, in the event of war with
the Warsaw Pact, to wield (U.S.) nuclear weapons in self-defense. (Until
that point of all-out war, however, the weapons themselves would remain
in U.S. hands.) The point was to limit the spread of countries having
their own nuclear weapons programs, helping ensure that NATO allies
would not choose to go down the proliferation route.
(West Germany was discussed in U.S. intelligence estimates for a number
of years as being a country with the potential to develop nuclear
weapons capabilities of its own if officials in Bonn were not convinced
that their defense against the Soviet Union and its allies could
otherwise be met.)
Non-signatories
Four
states—India, Israel, Pakistan, and South Sudan—have never signed the
treaty. India and Pakistan have publicly disclosed their nuclear weapon
programs, and Israel has a long-standing
policy of deliberate ambiguity with regards to its nuclear program.
India
India has detonated nuclear devices,
first in 1974 and
again in 1998. India is estimated to have enough fissile material for more than 150 warheads. India was among the few countries to have a
no first use
policy, a pledge not to use nuclear weapons unless first attacked by an
adversary using nuclear weapons, however India's former
NSA Shivshankar Menon signaled
a significant shift from "no first use" to "no first use against non-nuclear weapon states" in a speech on the occasion of Golden Jubilee celebrations of the
National Defence College in
New Delhi on 21 October 2010, a doctrine Menon said reflected India's "strategic culture, with its emphasis on minimal deterrence".
India argues that the NPT creates a club of "nuclear haves" and a
larger group of "nuclear have-nots" by restricting the legal possession
of nuclear weapons to those states that tested them before 1967, but
the treaty never explains on what ethical grounds such a distinction is
valid. India's then External Affairs Minister
Pranab Mukherjee
said during a visit to Tokyo in 2007: "If India did not sign the NPT,
it is not because of its lack of commitment for non-proliferation, but
because we consider NPT as a flawed treaty and it did not recognize the
need for universal, non-discriminatory verification and treatment."
Although there have been unofficial discussions on creating a South
Asian nuclear weapons free zone, including India and Pakistan, this is
considered to be highly unlikely for the foreseeable future.
In early March 2006, India and the United States finalized an
agreement, in the face of criticism in both countries, to restart
cooperation on civilian nuclear technology. Under the deal India has
committed to classify 14 of its 22 nuclear power plants as being for
civilian use and to place them under
IAEA safeguards.
Mohamed ElBaradei, then Director General of the IAEA, welcomed the deal by calling India "an important partner in the non-proliferation regime."
In December 2006,
United States Congress approved the
United States-India Peaceful Atomic Energy Cooperation Act,
endorsing a deal that was forged during Prime Minister Singh's visit to
the United States in July 2005 and cemented during President Bush's
visit to India earlier in 2006. The legislation allows for the transfer
of civilian nuclear material to India. Despite its status outside the
Nuclear Non-Proliferation Treaty, nuclear cooperation with India was
permitted on the basis of its clean non-proliferation record, and
India's need for energy fueled by its rapid industrialization and a
billion-plus population.
On 1 August 2008, the IAEA approved the India Safeguards Agreement
and on 6 September 2008, India was granted the waiver at the Nuclear
Suppliers Group (NSG) meeting held in Vienna, Austria. The consensus was
arrived after overcoming misgivings expressed by Austria, Ireland and
New Zealand and is an unprecedented step in giving exemption to a
country, which has not signed the NPT and the
Comprehensive Test Ban Treaty (CTBT). While India could commence nuclear trade with other willing countries.mThe U.S. Congress approved this agreement and President Bush signed it on 8 October 2008.
When China announced expanded nuclear cooperation with Pakistan in 2010, proponents of
arms control
denounced both the deals, claiming that they weakened the NPT by
facilitating nuclear programmes in states which are not parties to the
NPT.
As of January 2011, Australia, a
top three uranium producer and home to world's largest known reserves, had continued its refusal to export Uranium to India despite diplomatic pressure from India.
In November 2011 the Australian Prime Minister announced a desire to allow exports to India, a policy change which was authorized by her party's national conference in December. On 4 December 2011, Prime Minister Julia Gillard overturned Australia's long-standing ban on exporting uranium to India.
She further said "We should take a decision in the national interest, a
decision about strengthening our strategic partnership with India in
this the Asian century," and said that any agreement to sell uranium to
India would include strict safeguards to ensure it would only be used
for civilian purposes, and not end up in nuclear weapons. On Sep 5, 2014; Australian Prime Minister
Tony Abbott
sealed a civil nuclear deal to sell uranium to India. "We signed a
nuclear cooperation agreement because Australia trusts India to do the
right thing in this area, as it has been doing in other areas," Abbott
told reporters after he and Indian Prime Minister
Narendra Modi signed a pact to sell uranium for peaceful power generation.
Pakistan
Pakistani officials argue that the NPT is discriminatory. When
asked at a briefing in 2015 whether Islamabad would sign the NPT if
Washington requested it,
Foreign Secretary Aizaz Ahmad Chaudhry
was quoted as responding "It is a discriminatory treaty. Pakistan has
the right to defend itself, so Pakistan will not sign the NPT. Why
should we?"
Until 2010, Pakistan had always maintained the position that it would
sign the NPT if India did so. In 2010, Pakistan abandoned this historic
position and stated that it would join the NPT only as a recognized
nuclear-weapon state.
The NSG Guidelines currently rule out nuclear exports by all
major suppliers to Pakistan, with very narrow exceptions, since it does
not have full-scope IAEA safeguards (i.e. safeguards on all its nuclear
activities). Pakistan has sought to reach an agreement similar to that
with India,
but these efforts have been rebuffed by the United States and other NSG
members, on the grounds that Pakistan's track record as a nuclear
proliferator makes it impossible for it to have any sort of nuclear deal
in the near future.
By 2010, China reportedly signed a civil nuclear agreement with Pakistan, using the justification that the deal was "peaceful." The British government criticized this, on the grounds that 'the time is not yet right for a civil nuclear deal with Pakistan'. China did not seek formal approval from the
nuclear suppliers group,
and claimed instead that its cooperation with Pakistan was
"grandfathered" when China joined the NSG, a claim that was disputed by
other NSG members.
Pakistan applied for membership on 19 May 2016, supported by Turkey and China
However, many NSG members opposed Pakistan's membership bid due to its
track record, including the illicit procurement network of Pakistani
scientist A.Q. Khan, which aided the nuclear programs of Iran, Libya and
North Korea. Pakistani officials reiterated the request in August 2016.
Israel
Israel has a long-standing
policy of deliberate ambiguity with regards to its nuclear program (see
List of countries with nuclear weapons). Israel has been developing nuclear technology at its
Dimona site in the
Negev
since 1958, and some nonproliferation analysts estimate that Israel may
have stockpiled between 100 and 200 warheads using reprocessed
plutonium. The position on the NPT is explained in terms of "Israeli
exceptionality", a term coined by Professor
Gerald M. Steinberg,
in reference to the perception that the country's small size, overall
vulnerability, as well as the history of deep hostility and large-scale
attacks by neighboring states, require a deterrent capability.
The Israeli government refuses to confirm or deny possession of
nuclear weapons, although this is now regarded as an open secret after
Israeli low-level nuclear technician
Mordechai Vanunu—subsequently arrested and sentenced for treason by Israel—published evidence about the program to the British
Sunday Times in 1986.
On 18 September 2009 the General Conference of the
International Atomic Energy Agency
called on Israel to open its nuclear facilities to IAEA inspection and
adhere to the non-proliferation treaty as part of a resolution on
"Israeli nuclear capabilities," which passed by a narrow margin of 49–45
with 16 abstentions. The chief Israeli delegate stated that "Israel
will not co-operate in any matter with this resolution." However, similar resolutions were defeated in 2010, 2013, 2014, and 2015. As with Pakistan, the NSG Guidelines currently rule out nuclear exports by all major suppliers to Israel.
North Korea
North Korea acceded to the treaty on 12 December 1985, but gave
notice of withdrawal from the treaty on 10 January 2003 following U.S.
allegations that it had started an illegal
enriched uranium weapons program, and the U.S. subsequently stopping
fuel oil shipments under the
Agreed Framework which had resolved plutonium weapons issues in 1994. The withdrawal became effective 10 April 2003 making North Korea the first state ever to withdraw from the treaty. North Korea had once before announced withdrawal, on 12 March 1993, but suspended that notice before it came into effect.
On 10 February 2005, North Korea publicly declared that it possessed nuclear weapons and pulled out of the
six-party talks
hosted by China to find a diplomatic solution to the issue. "We had
already taken the resolute action of pulling out of the Nuclear
Non-Proliferation Treaty and have manufactured nuclear arms for
self-defence to cope with the Bush administration's evermore undisguised
policy to isolate and stifle the DPRK [Democratic People's Republic of
Korea]," a North Korean Foreign Ministry statement said regarding the
issue. Six-party talks resumed in July 2005.
On 19 September 2005, North Korea announced that it would agree
to a preliminary accord. Under the accord, North Korea would scrap all
of its existing nuclear weapons and nuclear production facilities,
rejoin the NPT, and readmit IAEA inspectors. The difficult issue of the
supply of
light water reactors to replace North Korea's
indigenous nuclear power plant program, as per the 1994
Agreed Framework, was left to be resolved in future discussions.
On the next day North Korea reiterated its known view that until it is
supplied with a light water reactor it will not dismantle its nuclear
arsenal or rejoin the NPT.
On 2 October 2006, the North Korean foreign minister announced
that his country was planning to conduct a nuclear test "in the future",
although it did not state when. On Monday, 9 October 2006 at 01:35:28 (UTC) the
United States Geological Survey detected a magnitude 4.3
seismic event 70 km (43 mi) north of Kimchaek, North Korea indicating a nuclear test. The North Korean government announced shortly afterward that they had completed
a successful underground test of a nuclear fission device.
In 2007, reports from Washington suggested that the 2002
CIA
reports stating that North Korea was developing an enriched uranium
weapons program, which led to North Korea leaving the NPT, had
overstated or misread the intelligence.
On the other hand, even apart from these press allegations, there
remains some information in the public record indicating the existence
of a uranium effort. Quite apart from the fact that North Korean First
Vice Minister Kang Sok Ju at one point admitted the existence of a
uranium enrichment program, Pakistan's then-President Musharraf revealed
that the
A.Q. Khan
proliferation network had provided North Korea with a number of gas
centrifuges designed for uranium enrichment. Additionally, press reports
have cited U.S. officials to the effect that evidence obtained in
dismantling Libya's WMD programs points toward North Korea as the source
for Libya's
uranium hexafluoride (UF
6)
– which, if true, would mean that North Korea has a uranium conversion
facility for producing feedstock for centrifuge enrichment.
Iran
Iran is a party to the NPT since 1970 but was found in non-compliance
with its NPT safeguards agreement, and the status of its nuclear
program remains in dispute. In November 2003
IAEA Director General
Mohamed ElBaradei
reported that Iran had repeatedly and over an extended period failed to
meet its safeguards obligations, including by failing to declare its
uranium enrichment program. After about two years of EU3-led diplomatic efforts and Iran temporarily suspending its enrichment program,
the IAEA Board of Governors, acting under Article XII.C of the IAEA
Statute, found in a rare non-consensus decision with 12 abstentions that
these failures constituted non-compliance with the IAEA safeguards
agreement. This was reported to the
UN Security Council in 2006, after which the Security Council passed a resolution demanding that Iran suspend its enrichment.
Instead, Iran resumed its enrichment program.
The IAEA has been able to verify the non-diversion of declared
nuclear material in Iran, and is continuing its work on verifying the
absence of undeclared activities.
In February 2008, the IAEA also reported that it was working to address
"alleged studies" of weaponization, based on documents provided by
certain Member States, which those states claimed originated from Iran.
Iran rejected the allegations as "baseless" and the documents as
"fabrications."
In June 2009, the IAEA reported that Iran had not "cooperated with the
Agency in connection with the remaining issues ... which need to be
clarified to exclude the possibility of military dimensions to Iran's
nuclear program."
The United States concluded that Iran violated its Article III
NPT safeguards obligations, and further argued based on circumstantial
evidence that Iran's enrichment program was for weapons purposes and
therefore violated Iran's Article II nonproliferation obligations. The November 2007 US
National Intelligence Estimate
(NIE) later concluded that Iran had halted an active nuclear weapons
program in the fall of 2003 and that it had remained halted as of
mid-2007. The NIE's "Key Judgments," however, also made clear that what
Iran had actually stopped in 2003 was only "nuclear weapon design and
weaponization work and covert uranium conversion-related and uranium
enrichment-related work"-namely, those aspects of Iran's nuclear weapons
effort that had not by that point already been leaked to the press and
become the subject of IAEA investigations.
Since Iran's uranium enrichment program at Natanz—and its
continuing work on a heavy water reactor at Arak that would be ideal for
plutonium production—began secretly years before in conjunction with
the very weaponization work the NIE discussed and for the purpose of
developing nuclear weapons, many observers find Iran's continued
development of fissile material production capabilities distinctly
worrying. Particularly because fissile material availability has long
been understood to be the principal obstacle to nuclear weapons
development and the primary "pacing element" for a weapons program, the
fact that Iran has reportedly suspended weaponization work may not mean
very much.
As U.S. Director of National Intelligence Mike McConnell has put it,
the aspects of its work that Iran allegedly suspended were thus
"probably the least significant part of the program."
Iran states it has a legal right to enrich uranium for peaceful
purposes under the NPT, and further says that it "has constantly
complied with its obligations under the NPT and the Statute of the
International Atomic Energy Agency".
Iran also states that its enrichment program is part of its civilian
nuclear energy program, which is allowed under Article IV of the NPT.
The Non-Aligned Movement has welcomed the continuing cooperation of Iran
with the IAEA and reaffirmed Iran's right to the peaceful uses of
nuclear technology. UN Secretary General
Ban Ki-moon has welcomed the continued dialogue between Iran and the IAEA, and has called for a peaceful resolution to the issue.
In April 2010, during the signing of the U.S.-Russia
New START
Treaty, President Obama said that the United States, Russia, and other
nations are demanding that Iran face consequences for failing to fulfill
their obligations under the Nuclear Non-Proliferation Treaty, and that
"we will not tolerate actions that flout the NPT, risk an arms race in a
vital region, and threaten the credibility of the international
community and our collective security."
South Africa
South Africa is the only country that developed nuclear weapons by itself and later dismantled them – unlike the former
Soviet states Ukraine, Belarus and Kazakhstan, which inherited nuclear weapons from the former
USSR and also acceded to the NPT as non-nuclear weapon states.
During the days of
apartheid,
the South African government developed a deep fear of both a black
uprising and the threat of communism. This led to the development of a
secret nuclear weapons program as an ultimate deterrent. South Africa
has a large supply of uranium, which is mined in the country's gold
mines. The government built a nuclear research facility at
Pelindaba near Pretoria where uranium was enriched to fuel grade for the
Koeberg Nuclear Power Station as well as weapon grade for bomb production.
In 1991, after international pressure and when a change of
government was imminent, South African Ambassador to the United States
Harry Schwarz signed the Nuclear Non-Proliferation Treaty. In 1993, the then president
Frederik Willem de Klerk
openly admitted that the country had developed a limited nuclear weapon
capability. These weapons were subsequently dismantled before South
Africa acceded to the NPT and opened itself up to IAEA inspection. In
1994, the IAEA completed its work and declared that the country had
fully dismantled its nuclear weapons program.
Libya
Libya had signed (in 1968) and ratified (in 1975) the Nuclear
Non-Proliferation Treaty and was subject to IAEA nuclear safeguards
inspections, but undertook a secret nuclear weapons development program
in violation of its NPT obligations, using material and technology
provided by the
A.Q. Khan proliferation network—including
actual nuclear weapons designs allegedly originating in China. Libya
began secret negotiations with the United States and the United Kingdom
in March 2003 over potentially eliminating its
WMD programs.
In October 2003, Libya was embarrassed by the interdiction of a
shipment of Pakistani-designed centrifuge parts sent from Malaysia, also
as part of A. Q. Khan's proliferation ring.
In December 2003, Libya announced that it had agreed to eliminate
all its WMD programs, and permitted U.S. and British teams (as well as
IAEA inspectors) into the country to assist this process and verify its
completion. The nuclear weapons designs, gas centrifuges for uranium
enrichment, and other equipment—including prototypes for improved
SCUD ballistic missiles—were
removed from Libya by the United States. (Libyan chemical weapons
stocks and chemical bombs were also destroyed on site with international
verification, with Libya joining the Chemical Weapons Convention.)
Libya's non-compliance with its IAEA safeguards was reported to the U.N.
Security Council, but with no action taken, as Libya's return to
compliance with safeguards and Article II of the NPT was welcomed.
In 2011 the Libyan government was overthrown in the
Libyan Civil War with the assistance of a
military intervention by NATO forces acting under the auspices of
United Nations Security Council Resolution 1973. It was speculated in the media (especially in the
Middle Eastern
media) that NATO's intervention in Libya shortly after the nation
agreed to nuclear and chemical weapons disarmament would make other
countries such as North Korea more reluctant to give up nuclear programs
due to the risk of being weakened as a result.
Syria
Syria is a state party to the NPT since 1969 and has a limited civil nuclear program. Before the advent of the
Syrian Civil War
it was known to operate only one small Chinese-built research reactor,
SRR-1. Despite being a proponent of a Weapons of Mass Destruction Free
Zone in the Middle East the country was accused of pursuing a military
nuclear program with a reported nuclear facility in a desert Syrian
region of Deir ez-Zor. The reactor's components had likely been designed
and manufactured in North Korea, with the reactor's striking similarity
in shape and size to the North Korean Yongbyon Nuclear Scientific
Research Center. That information alarmed Israeli military and
intelligence to such a degree that the idea of a targeted airstrike was
conceived. It resulted in
Operation Orchard,
that took place on 6 September 2007 and saw as many as eight Israeli
aircraft taking part. Israeli government is said to have bounced the
idea of the operation off the US Bush administration, although the
latter disagreed to participate. The nuclear reactor was destroyed in
the attack, which also killed about ten North Korean workers. The attack
didn't cause an international outcry or any serious Syrian retaliatory
moves as both parties tried to keep it secret: Despite a half-century
state of war declared by surrounding states Israel didn't want publicity
as regards its breach of the ceasefire while Syria wasn't willing to
acknowledge its clandestine nuclear program.
Leaving the treaty
Article
X allows a state to leave the treaty if "extraordinary events, related
to the subject matter of this Treaty, have jeopardized the supreme
interests of its country", giving three months' (ninety days') notice.
The state is required to give reasons for leaving the NPT in this
notice.
NATO
states argue that when there is a state of "general war" the treaty no
longer applies, effectively allowing the states involved to leave the
treaty with no notice. This is a necessary argument to support the NATO
nuclear weapons sharing
policy, but a troubling one for the logic of the treaty. NATO's
argument is based on the phrase "the consequent need to make every
effort to avert the danger of such a war" in the treaty preamble,
inserted at the behest of U.S. diplomats, arguing that the treaty would
at that point have failed to fulfill its function of prohibiting a
general war and thus no longer be binding. Many states do not accept this argument.
North Korea has also caused an uproar by its use of this
provision of the treaty. Article X.1 only requires a state to give three
months' notice in total, and does not provide for other states to
question a state's interpretation of "supreme interests of its country".
In 1993, North Korea gave notice to withdraw from the NPT. However,
after 89 days, North Korea reached agreement with the United States to
freeze its nuclear program under the
Agreed Framework
and "suspended" its withdrawal notice. In October 2002, the United
States accused North Korea of violating the Agreed Framework by pursuing
a secret uranium enrichment program, and suspended shipments of heavy
fuel oil under that agreement. In response, North Korea expelled IAEA
inspectors, disabled IAEA equipment, and, on 10 January 2003, announced
that it was ending the suspension of its previous NPT withdrawal
notification. North Korea said that only one more day's notice was
sufficient for withdrawal from the NPT, as it had given 89 days before.
The IAEA Board of Governors rejected this interpretation.
Most countries held that a new three-months withdrawal notice was
required, and some questioned whether North Korea's notification met the
"extraordinary events" and "supreme interests" requirements of the
treaty. The Joint Statement of 19 September 2005 at the end of the
Fourth Round of the
Six-Party Talks called for North Korea to "return" to the NPT, implicitly acknowledging that it had withdrawn.
Recent and coming events
The main outcome of the 2000 Conference was the adoption by consensus of a comprehensive Final Document,
which included among other things "practical steps for the systematic
and progressive efforts" to implement the disarmament provisions of the
NPT, commonly referred to as the
Thirteen Steps.
On 18 July 2005, US President George W. Bush met Indian Prime Minister
Manmohan Singh
and declared that he would work to change US law and international
rules to permit trade in US civilian nuclear technology with India. At the time, British columnist
George Monbiot
argued that the U.S.-India nuclear deal, in combination with US
attempts to deny Iran (an NPT signatory) civilian nuclear fuel-making
technology, might destroy the NPT regime.
In the first half of 2010, it was strongly believed that China
had signed a civilian nuclear deal with Pakistan claiming that the deal
was "peaceful".
Arms control advocates criticised the reported
China-Pakistan deal as they did in case of
U.S.-India deal claiming that both the deals violate the NPT by facilitating nuclear programmes in states which are not parties to the NPT. Some reports asserted that the deal was a strategic move by China to balance US influence in
South-Asia.
According to a report published by
U.S. Department of Defense in 2001, China had provided Pakistan with
nuclear materials
and has given critical technological assistance in the construction of
Pakistan's nuclear weapons development facilities, in violation of the
Nuclear Non-Proliferation Treaty, of which China even then was a
signatory.
At the
Seventh Review Conference in May 2005,
there were stark differences between the United States, which wanted
the conference to focus on non-proliferation, especially on its
allegations against Iran, and most other countries, who emphasized the
lack of serious
nuclear disarmament by the nuclear powers. The
non-aligned countries reiterated their position emphasizing the need for nuclear disarmament.
The
2010 Review Conference
was held in May 2010 in New York City, and adopted a final document
that included a summary by the Review Conference President, Ambassador
Libran Capactulan of the Philippines, and an
Action Plan that was adopted by consensus.
The 2010 conference was generally considered a success because it
reached consensus where the previous Review Conference in 2005 ended in
disarray, a fact that many attributed to the
U.S. President Barack Obama's
commitment to nuclear nonproliferation and disarmament. Some have
warned that this success raised unrealistically high expectations that
could lead to failure at the next
Review Conference in 2015.
On 24 April 2014, it was announced that the nation of the
Marshall Islands has brought suit in The Hague against the United
States, the former Soviet Union, the United Kingdom, France, China,
India, Pakistan, North Korea and Israel seeking to have the disarmament
provisions of the NNPT enforced.
The 2015 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) was held at the United Nations in New York from 27 April to 22 May 2015 and presided over by Ambassador
Taous Feroukhi
of Algeria. The Treaty, particularly article VIII, paragraph 3,
envisages a review of the operation of the Treaty every five years, a
provision which was reaffirmed by the States parties at the 1995 NPT
Review and Extension Conference and the 2000 NPT Review Conference. At
the 2015 NPT Review Conference, States parties examined the
implementation of the Treaty's provisions since 2010. Despite intensive
consultations, the Conference was not able to reach agreement on the
substantive part of the draft Final Document.
Criticism and responses
Over
the years the NPT has come to be seen by many Third World states as "a
conspiracy of the nuclear 'haves' to keep the nuclear 'have-nots' in
their place".
This argument has roots in Article VI of the treaty which "obligates
the nuclear weapons states to liquidate their nuclear stockpiles and
pursue complete disarmament. The non-nuclear states see no signs of this
happening". Some argue that the NWS have not fully complied with their disarmament obligations under Article VI of the NPT.
Some countries such as India have criticized the NPT, because it
"discriminated against states not possessing nuclear weapons on January
1, 1967," while Iran and numerous Arab states have criticized Israel for
not signing the NPT.
There has been disappointment with the limited progress on nuclear
disarmament, where the five authorized nuclear weapons states still have
22,000 warheads among them and have shown a reluctance to disarm
further.
As noted
above, the International Court of Justice, in its
advisory opinion on the Legality of the Threat or Use of Nuclear Weapons,
stated that "there exists an obligation to pursue in good faith and
bring to a conclusion negotiations leading to nuclear disarmament in all
its aspects under strict and effective international control.
Some critics of the nuclear-weapons states contend that they have
failed to comply with Article VI by failing to make disarmament the
driving force in national planning and policy with respect to nuclear
weapons, even while they ask other states to plan for their security
without nuclear weapons.
The United States responds to criticism of its disarmament record
by pointing out that since the end of the Cold War it has eliminated
over 13,000 nuclear weapons and eliminated over 80% of its deployed
strategic warheads and 90% of non-strategic warheads deployed to NATO,
in the process eliminating whole categories of warheads and delivery
systems and reducing its reliance on nuclear weapons.
U.S. officials have also pointed out the ongoing U.S. work to dismantle
nuclear warheads. When current accelerated dismantlement efforts
ordered by President George W. Bush have been completed, the U.S.
arsenal will be less than a quarter of its size at the end of the Cold
War, and smaller than it has been at any point since the Eisenhower
administration, well before the drafting of the NPT.
The United States has also purchased many thousands of weapons'
worth of uranium formerly in Soviet nuclear weapons for conversion into
reactor fuel.
As a consequence of this latter effort, it has been estimated that the
equivalent of one lightbulb in every ten in the United States is powered
by nuclear fuel removed from warheads previously targeted at the United
States and its allies during the Cold War.
The U.S. Special Representative for Nuclear Nonproliferation
agreed that nonproliferation and disarmament are linked, noting that
they can be mutually reinforcing but also that growing proliferation
risks create an environment that makes disarmament more difficult. The United Kingdom, France, and Russia
likewise defend their nuclear disarmament records, and the five NPT NWS
issued a joint statement in 2008 reaffirming their Article VI
disarmament commitments.
According to Thomas Reed and Danny Stillman, the "NPT has one
giant loophole": Article IV gives each non-nuclear weapon state the
'inalienable right' to pursue nuclear energy for the generation of
power. A "number of high-ranking officials, even within the United Nations, have argued that they can do little to stop states using
nuclear reactors to produce nuclear weapons". A 2009 United Nations report said that:
The revival of interest in nuclear power could result in
the worldwide dissemination of uranium enrichment and spent fuel
reprocessing technologies, which present obvious risks of proliferation
as these technologies can produce fissile materials that are directly
usable in nuclear weapons.
According to critics, those states which possess nuclear weapons, but
are not authorized to do so under the NPT, have not paid a significant
price for their pursuit of weapons capabilities. Also, the NPT has been
explicitly weakened by a number of bilateral deals made by NPT
signatories, notably the United States.
Based on concerns over the slow pace of nuclear disarmament and
the continued reliance on nuclear weapons in military and security
concepts, doctrines and policies, the
Treaty on the Prohibition of Nuclear Weapons
was adopted in July 2017 and was subsequently opened for signature on
20 September 2017. Upon entry into force, it will prohibit each state
party from the development, testing, production, stockpiling,
stationing, transfer, use and threat of use of nuclear weapons, as well
as assistance to those activities. It reaffirms in its preamble the
vital role of the full and effective implementation of the NPT.