English Data
Legal Framework to Achieve and Maintain a World Without Nuclear Weapons
Yaeka Inoue
Secretariat, Japan Association of Lawyers Against Nuclear Arms
Mr. President, distinguished delegates:
My name is Yaeka Inoue. It is an honor to address you on behalf of Japan Association of Lawyers Against Nuclear Arms, Japanese affiliate of the International Association of Lawyers Against Nuclear Arms. Our purpose is the prohibition and abolition of nuclear weapons and support for the Hibakusha.
・Thrust of the Proposal
We propose that the Final Document include the following undertaking:
Mindful of Article VI of the Treaty and related commitments made in past Review Conferences, and the 1996 Advisory Opinion of the International Court of Justice (ICJ), and the Model Nuclear Weapons Convention,
This Review Conference agrees to commence establishment of a legal framework leading to cessation of the nuclear arms race, nuclear disarmament, and general and complete disarmament.
・Reasons for the Proposal
The reasons for the proposal are as follows.
The 2000 Review Conference adopted “the unequivocal undertaking by the nuclear-weapon States to accomplish the total elimination of their nuclear arsenals.” The 2010 Conference resolved “to seek a safer world for all and to achieve the peace and security of a world without nuclear weapons,” and affirmed that “all States need to make special efforts to establish the necessary framework to achieve and maintain a world without nuclear weapons.”
While the Treaty on the Prohibition of Nuclear Weapons has come into effect, the necessary framework involving the nuclear-weapon states to achieve and maintain a world without nuclear weapons is yet to be established.
This situation must be remedied.
Article VI of the NPT obligates each State Party to “pursue negotiations in good faith on effective measures relating…to nuclear disarmament.” In 1996, the ICJ unanimously found that this is a two-fold obligation to pursue and to “bring to a conclusion negotiations leading to nuclear disarmament in all its aspects.” Thus, as the 2010 Review Conference recognized, Article VI requires the achievement and maintenance of a world without nuclear weapons. It is only natural to consider the necessary framework for that. We stress that fulfillment of this obligation must centrally involve the nuclear-weapon states.
Relevant here is the Model Nuclear Weapons Convention, circulated by Costa Rica in 1997 and again by Costa Rica and Malaysia in 2007. The Model Convention not only prohibits threat or use of nuclear weapons but also prohibits their development, testing, production, stockpiling and transfer, and obligates their destruction including related materials and nuclear facilities within a certain period after entry into force of the Convention. The UN Secretary-General observed in a 2008 five-point disarmament proposal that the Model Convention offers “a good point of departure” for negotiations on complete nuclear disarmament. It certainly should now be part of discussions of the “framework to achieve and maintain a world without nuclear weapons.”
Finally, let me mention the feeling of the Hibakusha, who experienced the unacceptable suffering and harm caused by the US atomic bombings on August 6 and 9, 1945. The Hibakusha are appealing from the bottom of their hearts: “Please abolish nuclear weapons within our lifetime.” The time left for them is not long at all. The States Parties to this Treaty have an obligation to meet their desire.
These are the reasons for our proposal. Thank you for listening.
This is a text of JALANA’s video statement to be delivered to the Tenth NPT Review Conference, which was scheduled to start on 4 January 2022. Although this did not happen because the Conference was postponed due to the COVID-19 pandemic, I would like to express my gratitude to all those who helped to make this statement.
Director: Kenichi Okubo
Special Thanks: Kathy Matsui, John Burroughs, Toshinori Yamada, Kazue Mori and Kyoko Tanaka
Secretariat, Japan Association of Lawyers Against Nuclear Arms
Mr. President, distinguished delegates:
My name is Yaeka Inoue. It is an honor to address you on behalf of Japan Association of Lawyers Against Nuclear Arms, Japanese affiliate of the International Association of Lawyers Against Nuclear Arms. Our purpose is the prohibition and abolition of nuclear weapons and support for the Hibakusha.
・Thrust of the Proposal
We propose that the Final Document include the following undertaking:
Mindful of Article VI of the Treaty and related commitments made in past Review Conferences, and the 1996 Advisory Opinion of the International Court of Justice (ICJ), and the Model Nuclear Weapons Convention,
This Review Conference agrees to commence establishment of a legal framework leading to cessation of the nuclear arms race, nuclear disarmament, and general and complete disarmament.
・Reasons for the Proposal
The reasons for the proposal are as follows.
The 2000 Review Conference adopted “the unequivocal undertaking by the nuclear-weapon States to accomplish the total elimination of their nuclear arsenals.” The 2010 Conference resolved “to seek a safer world for all and to achieve the peace and security of a world without nuclear weapons,” and affirmed that “all States need to make special efforts to establish the necessary framework to achieve and maintain a world without nuclear weapons.”
While the Treaty on the Prohibition of Nuclear Weapons has come into effect, the necessary framework involving the nuclear-weapon states to achieve and maintain a world without nuclear weapons is yet to be established.
This situation must be remedied.
Article VI of the NPT obligates each State Party to “pursue negotiations in good faith on effective measures relating…to nuclear disarmament.” In 1996, the ICJ unanimously found that this is a two-fold obligation to pursue and to “bring to a conclusion negotiations leading to nuclear disarmament in all its aspects.” Thus, as the 2010 Review Conference recognized, Article VI requires the achievement and maintenance of a world without nuclear weapons. It is only natural to consider the necessary framework for that. We stress that fulfillment of this obligation must centrally involve the nuclear-weapon states.
Relevant here is the Model Nuclear Weapons Convention, circulated by Costa Rica in 1997 and again by Costa Rica and Malaysia in 2007. The Model Convention not only prohibits threat or use of nuclear weapons but also prohibits their development, testing, production, stockpiling and transfer, and obligates their destruction including related materials and nuclear facilities within a certain period after entry into force of the Convention. The UN Secretary-General observed in a 2008 five-point disarmament proposal that the Model Convention offers “a good point of departure” for negotiations on complete nuclear disarmament. It certainly should now be part of discussions of the “framework to achieve and maintain a world without nuclear weapons.”
Finally, let me mention the feeling of the Hibakusha, who experienced the unacceptable suffering and harm caused by the US atomic bombings on August 6 and 9, 1945. The Hibakusha are appealing from the bottom of their hearts: “Please abolish nuclear weapons within our lifetime.” The time left for them is not long at all. The States Parties to this Treaty have an obligation to meet their desire.
These are the reasons for our proposal. Thank you for listening.
This is a text of JALANA’s video statement to be delivered to the Tenth NPT Review Conference, which was scheduled to start on 4 January 2022. Although this did not happen because the Conference was postponed due to the COVID-19 pandemic, I would like to express my gratitude to all those who helped to make this statement.
11 January 2022,
Yaeka Inoue
Video Producer: Yuko Takabe, CEO, Be-Production Inc.Yaeka Inoue
Director: Kenichi Okubo
Special Thanks: Kathy Matsui, John Burroughs, Toshinori Yamada, Kazue Mori and Kyoko Tanaka
