Assessing the Global Nuclear Disarmament Framework: The Role of the Ban Treaty

Assessing the Global Nuclear Disarmament Framework: The Role of the Ban Treaty

Sub: IR

Sec: Int Evnts

Why This is in News

The UN marks September 26 as the International Day for the Total Elimination of nuclear weapons.

General Assembly Session on Nuclear Disarmament: In 2024, the United Nations General Assembly agenda includes a session on the Treaty on the Prohibition of nuclear weapons (TPNW), or Ban Treaty, aiming to revisit global nuclear disarmament efforts.

The Ban Treaty and Its Distinction

Comprehensive Prohibitions: The treaty prohibits signatories from developing, testing, stockpiling, transferring, deploying, or threatening to use nuclear weapons. It goes further than the NPT, which primarily addresses nuclear proliferation but is less stringent on nuclear disarmament and deterrence.

About Treaty on Prohibition of Nuclear Weapons

The Treaty on Prohibition of nuclear weapons was adopted on July 7, 2017. The treaty entered into force on January 22, 2021. The treaty is the first legally binding international agreement that aim to eliminate nuclear weapons completely.

The treaty was approved by the United Nations General Assembly in 2017. However, only 120 members have signed the treaty. The major nuclear powers of the world including India have not supported the treaty. The other major nuclear powers that did not support the treaty were China, US, France, Japan, North Korea, Russia, Pakistan and Israel.

Key Features

The treaty prohibits the use of nuclear weapons on national territories.

The signatories should provide adequate assistance to individuals affected by the testing of nuclear weapons. They should also take required environmental remediation in areas under its jurisdiction that was contaminated as result of nuclear weapon testing.

A state party joining the treaty should declare if it has eliminated its previous nuclear weapon programme. The party should also disclose if it holds nuclear weapons of other countries in its territories. In case if the party holds other countries’ nuclear weapons it must remove them before signing the treaty.

The non-nuclear weapon states should have a minimum safeguards agreement with the International Atomic Energy Agency.

As of July 2024, the TPNW had 70 states as parties and an additional 27 signatories. Nearly 50% of the world’s states are now legally bound by this disarmament framework.

Resistance from Nuclear-Armed States

Persistent Objectors: Nuclear-armed states, including the U.S., Russia, and China, have registered opposition to the treaty and refuse to be bound by its provisions. These nations view the TPNW as non-contributory to customary international law.

Continued Commitment to Nuclear Deterrence: Despite committing to nuclear disarmament in rhetoric, these states have maintained or expanded their nuclear capabilities.

India’s Stance on the Ban Treaty

India’s Position on the NPT: India has not signed the NPT, viewing it as discriminatory and against its national interest. However, India has never actively undermined the treaty and has benefited from its limitations on nuclear proliferation.

Neutral Approach: Similarly, India has stayed out of the TPNW but has not actively opposed its goals. It remains cautious about full disarmament frameworks but recognizes their broader implications.

About Non-Proliferation Treaty

The NPT is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to foster the peaceful uses of nuclear energy, and to further the goal of disarmament.

The treaty was signed in 1968 and entered into force in 1970. Presently, it has 190 member states.

It requires countries to give up any present or future plans to build nuclear weapons in return for access to peaceful uses of nuclear energy.

It represents the only binding commitment in a multilateral treaty to the goal of disarmament by the nuclear-weapon States.

Nuclear-weapon states parties under the NPT are defined as those that manufactured and exploded a nuclear weapon or other nuclear explosive devices before 1^st January, 1967.

About Comprehensive Nuclear-Test-Ban Treaty

CTBT was negotiated at the Conference on Disarmament in Geneva and adopted by the United Nations General Assembly in 1996.

The Treaty intends to ban all nuclear explosions – everywhere, by everyone. It was opened for signature in 1996 and since then 182 countries have signed the Treaty, most recently Ghana has ratified the treaty in 2011.

A comprehensive test ban has been defined as a “zero yield” test ban that would prohibit supercritical hydro-nuclear tests but not sub-critical hydrodynamic nuclear tests.

The Treaty will enter into force after all 44 States listed in Annex 2 to the Treaty will ratify it.

These States had nuclear facilities at the time the Treaty was negotiated and adopted.

As of August 2011, 36 of these States have ratified the Treaty. Eight States still need to do so: China, North Korea, Egypt, India, Iran, Israel, Pakistan and the United States.

India,North Korea and Pakistan have not yet signed the Treaty.

All three have also undertaken tests after 1996; India and Pakistan in May 1998 and North Korea six times between 2006 and 2017.

The CTBT has therefore not entered into force and lacks legal authority.