U.S. Pressured NATO States to Vote No to the Ban Treaty – Including with Legal ArgumentPosted: November 29, 2016
I saw this story originally over at the very useful ICANW website. The story links to a memo sent by the U.S. to NATO states, in which it urges them to vote no on the UNGA First Committee resolution to begin the process of negotiating a nuclear weapons ban treaty.
I found the U.S. memo interesting for lots of reasons, including its review of the provisions that the UNGA’s Open-Ended Working Group (OEWG) has recommended for consideration and possible inclusion in such a ban treaty. The OEWG’s report that is referenced in the U.S. memo can be found here. Skip down to page 19 of the OEWG report to see the list of suggested provisions in Annex II.
It’s probably important to bear in mind that this seems to just be a list of possible provisions to consider when negotiating the structure of the treaty. They aren’t presented in any kind of organized, coherent fashion as they would need to be in a draft treaty text. Some of them seem pretty straightforward. Others, like a provision requiring “national legislation criminalizing support for activities proscribed under the convention,” are very problematic.
I really don’t know how much support each of these suggested provisions has among the states and civil society groups who will be influential in orchestrating proposals for structuring the treaty during the negotiations.
My understanding has been that the plan is to proceed in a two-step treaty making process, as I discussed in this post from earlier this year, reviewing a piece by Tom Sauer. So I was a little surprised to see that the OEWG included among its suggested provisions a section on “phases for elimination,” including “Obligations to eliminate nuclear arsenals within an agreed time frame and in a specific manner . . .” I thought that the actual elimination of nuclear weapons stockpiles – through agreed schedules, methods, and verification mechanisms – was a subject that was going to be saved for the second step of treaty making, i.e. an actual nuclear weapons convention. And that the initial nuclear ban treaty that will be the subject of the negotiations beginning in March 2017, would really only include fairly general normative provisions prohibiting possession, proliferation and use.
I’m sure there are differences in thinking on these issues of structure and sequencing even among the core nuclear weapons ban movement members. But I hope they are thinking this all through with the help of legal advice. March is just around the corner, and the U.S. memo to NATO states gives just a taste of the kinds of legal arguments that nuclear weapons states will make in an effort to undermine the effectiveness of a new nuclear ban treaty if it isn’t structured in the right way.
I’m certainly available to advise on these issues is anyone is interested.