The legal framework for the ban on the development of nuclear weapons is provided by the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), initiated by the nuclear powers the United States, the Soviet Union and the United Kingdom in 1968. It has been in force since 1970. Meanwhile, 191 countries have signed it.
India, Pakistan, Israel and South Sudan have not signed it, and North Korea withdrew its initial signature and left the Treaty, German public broadcaster ARD recalls.
Is the Nuclear Non-Proliferation Treaty binding?
The Nuclear Non-Proliferation Treaty is binding under international law. However, it gives the parties to it the right to withdraw from it if "exceptional events threaten the supreme interests of their country". But anyone who remains a member is bound by the corresponding obligations, Professor Pierre Tilboerger of the Institute for International Peace and Humanitarian Law in Bochum tells ARD.
What does the Treaty on the Non-Proliferation of Nuclear Weapons say?
In practice, the treaty is a type of disarmament agreement: it aims to prevent the spread of nuclear weapons and to reduce their number in general. The treaty distinguishes between “nuclear states“ and “non-nuclear states“. The former are those countries that developed a nuclear warhead before January 1, 1967, and detonated it - at least in a test. In addition to the US, UK and the Soviet Union, France and China are also parties to the treaty, which they joined in 1992.
These nuclear powers are also the five permanent members of the UN Security Council, and in this treaty they undertake not to transfer nuclear weapons to other countries "and not to assist, encourage or induce any non-nuclear-weapon state to produce or otherwise acquire nuclear weapons or other nuclear explosive devices". In addition, the nuclear-weapon states undertake to completely disarm, for which, however, no deadline is set. This explains why no one has done so yet, despite the fact that decades have passed since the signing, according to the ARD.
And the non-nuclear-weapon states undertake not to produce, receive or acquire nuclear weapons. In other words: they must remain states that do not possess nuclear weapons. However, they can use the atom for peaceful purposes – every country has such a right. This is also a fundamental pillar of the Nuclear Non-Proliferation Treaty, the German publication adds.
Which countries have nuclear weapons?
The five nuclear weapons states that are already mentioned in the Nuclear Non-Proliferation Treaty are, so to speak, "official": the United States, Russia (as the successor to the USSR), Great Britain, China and France.
However, India and Pakistan also possess nuclear weapons - they developed them outside the Nuclear Non-Proliferation Treaty, which they never joined. According to a recent report by the Bundestag's scientific services, both countries are currently expanding and modernizing their arsenals. Although India is not a party to the Treaty, the country has voluntarily committed to non-proliferation and not to export sensitive nuclear technology.
Israel is also recognized as a nuclear power, although it has never officially admitted to possessing such weapons. The Stockholm International Peace Research Institute estimates that Israel has about 30 nuclear bombs for air strikes and 50 nuclear missile warheads.
In 2003, North Korea withdrew from the Treaty on the Non-Proliferation of Nuclear Weapons, and since 2012, the country has defined itself as a nuclear power. In 2017, Pyongyang announced that it had successfully tested a hydrogen bomb.
"Iran's nuclear program is probably not yet complete, so international experts assume that Iran does not yet have nuclear weapons to use. "However, how far it is from this goal is a controversial issue," Professor Pierre Tilborger told ARD.
Who monitors compliance with the NPT?
The Non-Proliferation Treaty obliges non-nuclear states to cooperate with the International Atomic Energy Agency (IAEA), which monitors compliance with the Treaty. As a rule, it is agreed between the states and the IAEA that the agency has the right to enter nuclear facilities and inspect them. However, the IAEA cannot impose sanctions if violations are discovered.
Iran recently announced that it is suspending its cooperation with the IAEA, ARD also recalls.
Author: Christoph Kelbach ARD