Friday, January 22, 2021

Nuclear weapons are banned under international law

Nuclear weapons were always immoral. With the entry into force of the Treaty on the Prohibition of Nuclear Weapons (TPNW) on Friday, 22nd January 2021, these abhorrent weapons of mass destruction are also illegal under international law. 

The Treaty explicitly prohibits states from developing, testing, producing, manufacturing, otherwise acquiring, possessing or stockpiling nuclear weapons. It also prohibits the provision of assistance in any of these activities, and bans both the use and the threat of use of nuclear weapons. 

In addition to these prohibitions, the TPNW sets out a framework for nuclear-armed states to renounce their weapons, and contains provisions for the support of victims of nuclear weapon explosions, and for environmental remediation. It also recognises the disproportionate impact of ionizing radiation on women and girls. 

Although initially only binding on the states that have ratified it to date, the TPNW is a significant step in stigmatising and delegitimising the possession of nuclear weapons by less than ten states. Through the entry into force of the TPNW, states opposed to the threat of nuclear annihilation reshape international norms to declare unequivocally that nuclear weapons are unacceptable. 

Ireland has played a key role in the TPNW process, from being one of the states which proposed the negotiation of a new treaty at the UN, through being a key participant in the negotiation process, culminating in Ireland's ratification of the treaty on 6th August 2020, the 75th anniversary of the bombing of Hiroshima. In welcoming the entry into force, Minister for Foreign Affairs, Simon Coveney, stated "The elimination of nuclear weapons is not just a priority of this Government, but one shared by all parties and strongly supported by the Irish people."

Campaigners, activists, diplomats and politicians across the world have all played their part in bringing about this historic moment. ICAN, the International Campaign to Abolish Nuclear Weapons (of which Irish CND is a member), received the 2017 Nobel Peace Prize for its key role in promoting the successful negotiation of the treaty. 

Particular mention, however, needs to made of the hibakusha - the "explosion-affected people", who have carried the terrible legacy of atomic warfare in their bodies, many of whom have dedicated their lives to the cause of liberating the world from nuclear weapons. The dreadful toll taken on the residents of Hiroshima and Nagasaki, as well as those living in the vicinity of nuclear test sites, is powerful testimony to why nuclear weapons must be abolished once and for all. 


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