Ban Treaty: will it abolish nuclear weapons? A Japanese perspective

ABSTRACT

In so far as the nuclear-weapons possessors do not accept the Ban Treaty, practically it will not reduce nuclear weapons nor abolish them as a matter of law. However, if the treaty is accepted by an overwhelming majority of states, it will significantly strengthen the norm against the nuclear weapons. A norm binds everybody irrespective of legal acceptance of a treaty. Thus, it exposes any violator to the risk of international punishment. The Ban Treaty will help bring the movement towards nuclear abolition forward and reduce incentives to own nuclear weapons. The international humanitarian law that was the main basis for the Ban Treaty needs to be upheld firmly. The set of norms under international humanitarian law will serve to limit the justifiable cases where nuclear weapons can ever be used. The Non-Proliferation Treaty and the efforts to prevent nuclear proliferation must be sustained even after the Ban Treaty comes into force.

KEYWORDS:

• Treaty on the Prohibition of Nuclear Weapons
• Non-Proliferation Treaty
• Japan
• nuclear disarmament
• international humanitarian law
• norm against nuclear weapons

Disclosure statement

No potential conflict of interest was reported by the author.

Notes on contributor

Nobuyasu Abe is the former UN Under-Secretary-General for Disarmament Affairs (2003–2006). Served as a Commissioner of the Japan Atomic Energy Commission (2014–2017), Director of the Center for the Promotion of Disarmament and Nonproliferation, JIIA (2008–2014), Japanese ambassador to the IAEA and CTBTO (1999–2001), Director-General for Arms Control and Science Affairs, MOFA/GOJ (1997–1999). Also served as a member of the Advisory Board to the International Commission on Nuclear Non-proliferation and Disarmament (2008–2009).

Notes

1 Treaty on the Prohibition of Nuclear Weapons, called here as ‘Ban Treaty’ for the ease and brevity of expression.

2 Statement by Nakasone before the House of Counsellors Budget Committee, 15 March 1984.