Treaty On The Non-Proliferation of Nuclear Weapons - Criticism and Responses

Criticism and Responses

Over the years the NPT has come to be seen by many Third World states as “a conspiracy of the nuclear ‘haves’ to keep the nuclear ‘have-nots’ in their place”. This argument has its roots in Article VI of the treaty which “obligates the nuclear weapons states to liquidate their nuclear stockpiles and pursue complete disarmament. The non-nuclear states see no signs of this happening”.

Some argue that the NWS have not fully complied with their disarmament obligations under Article VI of the NPT. There has been disappointment with the limited progress on nuclear disarmament, where the five authorized nuclear weapons states still have 22,000 warheads between them and have shown a reluctance to disarm further.

As noted above, The International Court of Justice, in its advisory opinion on the Legality of the Threat or Use of Nuclear Weapons, stated that "there exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control. Such an obligation requires that states actively pursue measures to reduce the numbers of nuclear weapons and the importance of their role in military force structures. Some critics of the nuclear-weapons states contend that they have failed to comply with Article VI by failing to make disarmament the driving force in national planning and policy with respect to nuclear weapons, even while they ask other states to plan for their security without nuclear weapons.

The United States responds to criticism of its disarmament record by pointing out that since the end of the Cold War it has eliminated over 13,000 nuclear weapons and eliminated over 80% of its deployed strategic warheads and 90% of non-strategic warheads deployed to NATO, in the processing eliminating whole categories of warheads and delivery systems and reducing its reliance on nuclear weapons. U.S. officials have also pointed out the ongoing U.S. work to dismantle nuclear warheads. When current accelerated dismantlement efforts ordered by President George W. Bush have been completed, the U.S. arsenal will be less than a quarter of its size at the end of the Cold War, and smaller than it has been at any point since the Eisenhower administration, well before the drafting of the NPT.

The United States has also purchased many thousands of weapons' worth of uranium formerly in Soviet nuclear weapons for conversion into reactor fuel. As a consequence of this latter effort, it has been estimated that the equivalent of one lightbulb in every ten in the United States is powered by nuclear fuel removed from warheads previously targeted at the United States and its allies during the Cold War.

The U.S. Special Representative for Nuclear Nonproliferation agreed that nonproliferation and disarmament are linked, noting that they can be mutually reinforcing but also that growing proliferation risks create an environment that makes disarmament more difficult. The United Kingdom, France and Russia likewise defend their nuclear disarmament records, and the five NPT NWS issued a joint statement in 2008 reaffirming their Article VI disarmament commitments.

According to Thomas Reed and Danny Stillman, the “NPT has one giant loophole”: Article IV gives each non-nuclear weapon state the ‘inalienable right’ to pursue nuclear energy for the generation of power. A "number of high-ranking officials, even within the United Nations, have argued that they can do little to stop states using nuclear reactors to produce nuclear weapons". A 2009 United Nations report said that:

The revival of interest in nuclear power could result in the worldwide dissemination of uranium enrichment and spent fuel reprocessing technologies, which present obvious risks of proliferation as these technologies can produce fissile materials that are directly usable in nuclear weapons.

Moreover, the NPT says nothing about aspects of the nuclear fuel cycle “such as uranium mines and mills, from which terrorists could easily acquire fissile material”. Dozens of nations remain potential "weak links" in the global defense against nuclear terrorism and tacitly ignore UN mandates on controls over fissile material at uranium mines. Niger, a major uranium exporter, and the Democratic Republic of the Congo, the source of uranium for the first atomic bomb, are "among the states falling short in complying with UN Security Council Resolution 1540".

According to critics, those states which possess nuclear weapons, but are not authorized to do so under the NPT, have not paid a significant price for their pursuit of weapons capabilities. Also, the NPT has been explicitly weakened by a number of bilateral deals made by NPT signatories, notably the United States.