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Opinion: Nuclear States Do Not Comply with the Non-Proliferation Treaty

Farhang Jahanpour is a former professor and dean of the Faculty of Foreign Languages at the University of Isfahan and a former Senior Research Fellow at Harvard University. He is a tutor in the Department of Continuing Education and a member of Kellogg College, University of Oxford.This is the second of a series of 10 articles in which Jahanpour looks at various aspects and implications of the framework agreement on Iran’s nuclear programme reached in July 2015 between Iran and the United States, United Kingdom, Russia, France, China and Germany, plus the European Union.

OXFORD, Sep 5 2015 (IPS) - Article Six of the Non-Proliferation Treaty (NPT) makes it obligatory for nuclear states to get rid of their nuclear weapons as part of a bargain that requires the non-nuclear states not to acquire nuclear weapons. Apart from the NPT provisions, there have been a number of other rulings that have reinforced those requirements.

However, while nuclear states have vigorously pursued a campaign of non-proliferation, they have violated many NPT and other international regulations.

Farhang Jahanpour

Farhang Jahanpour

An advisory opinion of the International Court of Justice in 1996 stated: “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.” Nuclear powers have ignored that opinion.

The nuclear states, especially the United States and Russia, have further violated the Treaty by their efforts to upgrade and diversity their nuclear weapons. The United States has developed the “Reliable Replacement Warhead”, a new type of nuclear warhead to extend the viability of its nuclear arsenal.

The United States and possibly Russia are also developing tactical nuclear warheads with lower yields, which can be used on the battlefield without producing a great deal of radiation. Despite U.S. President Barack Obama’s pledge to reduce and ultimately abolish nuclear weapons, it has emerged that the United States is in the process of developing new categories of nuclear weapons, including B61-12 at a projected cost of 348 billion dollars over the next decade

India, Pakistan, Israel and North Korea cannot be regarded as nuclear states. Since Article 9 of the NPT defines Nuclear Weapon States (NWS) as those that had manufactured and tested a nuclear device prior to 1 January 1967, it is not possible for India, Pakistan, Israel or North Korea to be regarded as nuclear weapon states.

“All nuclear powers have continued to strengthen and modernise their nuclear arsenals. While they have been vigorous in punishing, on a selective basis, the countries that were suspected of developing nuclear weapons, they have not lived up to their side of the bargain to get rid of their nuclear weapons”

All those countries are in violation of the NPT, and providing them with nuclear assistance, such as the U.S. agreement with India to supply it with nuclear reactors and advanced nuclear technology, constitutes violations of the Treaty. The same applies to U.S. military cooperation with Israel and Pakistan.

Nuclear states are guilty of proliferation 

Paragraph 14 of the binding U.N. Security Council Resolution 687 that called for the disarmament of Iraq also specified the establishment of a zone free of Weapons of Mass Destruction (WMDs) in the Middle East.

It was clearly understood by all the countries that joined the U.S.-led coalition to oust Saddam Hussein from Kuwait that after the elimination of Iraqi WMDs, Israel would be required to get rid of its nuclear arsenal. Israel – and by extension the countries that have not implemented that paragraph – have violated that binding resolution. Indeed, both the United States and Israel are believed to maintain nuclear weapons in the region.

During the apartheid era, Israel and South Africa collaborated in manufacturing nuclear weapons, with Israel leading the way. In 2010 it was reported that “the ‘top secret’ minutes of meetings between senior officials from the two countries in 1975 show that South Africa’s Defence Minister P.W. Botha asked for nuclear warheads and the then Israeli Defence Minister Shimon Peres responded by offering them ‘in three sizes’.”

The documents were uncovered by an American academic, Sasha Polakow-Suransky, in research for a book on the close relationship between the two countries. Israeli officials tried hard to prevent the publication of those documents. In 1977, South Africa signed a pact with Israel that included the manufacturing of at least six nuclear bombs.

The 1995 Non-Proliferation Treaty Review and Extension Conference also called for “the early establishment by regional parties of a Middle East zone free of nuclear and all other WMDs and their delivery systems”. The international community has ignored these resolutions by not pressing Israel to give up its nuclear weapons. Indeed, any call for a nuclear free zone in the Middle East has been opposed by Israel and the United States.

The 2000 NPT Review Conference called on “India, Israel and Pakistan to accede to the Treaty as Non-Nuclear Weapons States (NNWS) promptly and without condition”. States Parties also agreed to “make determined efforts” to achieve universality. Since 2000, little effort has been made to encourage India, Pakistan or Israel to accede as NNWS.

The declaration agreed by the Iranian government and visiting European Union foreign ministers (from Britain, France and Germany) that reached an agreement on Iran’s accession to the Additional Protocol and suspension of its enrichment for more than two years also called for the elimination of weapons of mass destruction throughout the Middle East.

The three foreign ministers made the following commitment: “They will cooperate with Iran to promote security and stability in the region including the establishment of a zone free from weapons of mass destruction in the Middle East in accordance with the objectives of the United Nations.” Twelve years after signing that declaration, the three European countries and the international community have failed to bring about a Middle East free of weapons of mass destruction.

While, during the Cold War, the North Atlantic Treaty Organisation (NATO) refused to rule out first use of nuclear weapons due to the proximity of Soviet forces to European capitals, this policy has not been revised since the end of the Cold War. There have been repeated credible reports that the Pentagon has been considering the use of nuclear bunker-buster weapons to destroy Iran’s nuclear sites.

For the past 2,000 years and more, mankind has tried to define the requirements of a just war. During the past few decades, some of these principles have been enshrined in legally-binding international agreements and conventions. They include the Covenant of the League of Nations after the First World War, the 1928 Pact of Paris, and the Charter of the United Nations.

A few ideas are common to all these definitions, namely that any military action should be based on self-defence, be in compliance with international law, be proportionate, be a matter of last resort, and not target civilians and non-combatants.

Other ideas flow from these: the emphasis on arbitration and the renunciation of first resort to force in the settlement of disputes, and the principle of collective self- defence. It is difficult to see how the use of nuclear weapons could be compatible with any of these requirements. Yet, despite many international calls for nuclear disarmament, nuclear states have refused to abide by the NPT regulations and get rid of their nuclear weapons.

In his first major foreign policy speech in Prague on 5 April 2009, President Barack Obama spoke about his vision of getting rid of nuclear weapons. He said: “The existence of thousands of nuclear weapons is the most dangerous legacy of the Cold War… Today, the Cold War has disappeared but thousands of those weapons have not. In a strange turn of history, the threat of global nuclear war has gone down, but the risk of a nuclear attack has gone up.”

He went on to say: “So today, I state clearly and with conviction America’s commitment to seek the peace and security of a world without nuclear weapons…”

Sadly, those noble sentiments have not been put into action. On the contrary, all nuclear powers have continued to strengthen and modernise their nuclear arsenals. While they have been vigorous in punishing, on a selective basis, the countries that were suspected of developing nuclear weapons, they have not lived up to their side of the bargain to get rid of their nuclear weapons. (END/COLUMNIST SERVICE)

Edited by Phil Harris   

The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, IPS – Inter Press Service. 

 
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