Nuclear Weapon - Governance, Control, and Law

Governance, Control, and Law

Because of the immense military power they can confer, the political control of nuclear weapons has been a key issue for as long as they have existed; in most countries the use of nuclear force can only be authorized by the head of government or head of state.

In the late 1940s, lack of mutual trust was preventing the United States and the Soviet Union from making ground towards international arms control agreements, but by the 1960s steps were being taken to limit both the proliferation of nuclear weapons to other countries and the environmental effects of nuclear testing. The Partial Test Ban Treaty (1963) restricted all nuclear testing to underground nuclear testing, to prevent contamination from nuclear fallout, while the Nuclear Non-Proliferation Treaty (1968) attempted to place restrictions on the types of activities signatories could participate in, with the goal of allowing the transference of non-military nuclear technology to member countries without fear of proliferation.

In 1957, the International Atomic Energy Agency (IAEA) was established under the mandate of the United Nations to encourage development of peaceful applications for nuclear technology, provide international safeguards against its misuse, and facilitate the application of safety measures in its use. In 1996, many nations signed the Comprehensive Test Ban Treaty, which prohibits all testing of nuclear weapons. A testing ban imposes a significant hindrance nuclear arms development by any complying country. The Treaty requires the ratification by 44 specific states before it can go into force; as of 2012, the ratification of eight of these states is still required.

Additional treaties and agreements have governed nuclear weapons stockpiles between the countries with the two largest stockpiles, the United States and the Soviet Union, and later between the United States and Russia. These include treaties such as SALT II (never ratified), START I (expired), INF, START II (never ratified), SORT, and New START, as well as non-binding agreements such as SALT I and the Presidential Nuclear Initiatives of 1991. Even when they did not enter into force, these agreements helped limit and later reduce the numbers and types of nuclear weapons between the United States and the Soviet Union/Russia.

Nuclear weapons have also been opposed by agreements between countries. Many nations have been declared Nuclear-Weapon-Free Zones, areas where nuclear weapons production and deployment are prohibited, through the use of treaties. The Treaty of Tlatelolco (1967) prohibited any production or deployment of nuclear weapons in Latin America and the Caribbean, and the Treaty of Pelindaba (1964) prohibits nuclear weapons in many African countries. As recently as 2006 a Central Asian Nuclear Weapon Free Zone was established amongst the former Soviet republics of Central Asia prohibiting nuclear weapons.

In the middle of 1996, the International Court of Justice, the highest court of the United Nations, issued an Advisory Opinion concerned with the "Legality of the Threat or Use of Nuclear Weapons". The court ruled that the use or threat of use of nuclear weapons would violate various articles of international law, including the Geneva Conventions, the Hague Conventions, the UN Charter, and the Universal Declaration of Human Rights. In view of the unique, destructive characteristics of nuclear weapons, the International Committee of the Red Cross calls on States to ensure that these weapons are never used, irrespective of whether they consider them lawful or not.

Additionally, there have been other, specific actions meant to discourage countries from developing nuclear arms. In the wake of the tests by India and Pakistan in 1998, economic sanctions were (temporarily) levied against both countries, though neither were signatories with the Nuclear Non-Proliferation Treaty. One of the stated casus belli for the initiation of the 2003 Iraq War was an accusation by the United States that Iraq was actively pursuing nuclear arms (though this was soon discovered not to be the case as the program had been discontinued). In 1981, Israel had bombed a nuclear reactor being constructed in Osirak, Iraq, in what it called an attempt to halt Iraq's previous nuclear arms ambitions; in 2007, Israel bombed another reactor being constructed in Syria.