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These five NWS agree not to transfer "nuclear weapons or other nuclear
explosive devices" and "not in any way to assist, encourage, or induce" a nonnuclear weapon state (NNWS) to acquire nuclear weapons (Article I). NNWS
parties to the NPT agree not to "receive," "manufacture" or "acquire" nuclear
weapons or to "seek or receive any assistance in the manufacture of nuclear
weapons" (Article II). NNWS parties also agree to accept safeguards by
the International Atomic Energy Agency (IAEA) to verify that they are not
diverting nuclear energy from peaceful uses to nuclear weapons or other nuclear
explosive devices (Article III).
The wording of the NPT's Article VI arguably imposes only a vague obligation on
all NPT signatories to move in the general direction of nuclear and total
disarmament, saying, "Each of the Parties to the Treaty undertakes to pursue
negotiations in good faith on effective measures relating to cessation of the
nuclear arms race at an early date and to nuclear disarmament, and on a treaty
on general and complete disarmament."[12] Under this interpretation, Article VI
does not strictly require all signatories to actually conclude a disarmament
treaty. Rather, it only requires them "to negotiate in good faith." [13]
Third pillar: peaceful use of nuclear energy
The third pillar allows for and agrees upon the transfer of nuclear technology and
materials to NPT signatory countries for the development of civilian nuclear
energy programs in those countries, as long as they can demonstrate that their
nuclear programs are not being used for the development of nuclear weapons.
Since very few of the states with nuclear energy programs are willing to abandon
the use of nuclear energy, the third pillar of the NPT under Article IV provides
other states with the possibility to do the same, but under conditions intended to
make it difficult to develop nuclear weapons.
Article I:[25] Each nuclear-weapons state (NWS) undertakes not to transfer, to any
recipient, nuclear weapons, or other nuclear explosive devices, and not to assist
any non-nuclear weapon state to manufacture or acquire such weapons or
devices.
Article II: Each non-NWS party undertakes not to receive, from any source,
nuclear weapons, or other nuclear explosive devices; not to manufacture or
acquire such weapons or devices; and not to receive any assistance in their
manufacture.
India, Israel, and Pakistan[edit]
See also: India and weapons of mass destruction, Israel and weapons of mass
destruction and Pakistan and weapons of mass destruction
Three statesIndia, Israel, and Pakistanhave never signed the treaty. India and
Pakistan are confirmed nuclear powers, and Israel has a long-standing policy of
deliberate ambiguity (see List of countries with nuclear weapons). India argues
that the NPT creates a club of "nuclear haves" and a larger group of "nuclear
have-nots" by restricting the legal possession of nuclear weapons to those states
that tested them before 1967, but the treaty never explains on what ethical
grounds such a distinction is valid. India's then External Affairs Minister Pranab
Mukherjee said during a visit to Tokyo in 2007: "If India did not sign the NPT, it is
not because of its lack of commitment for non-proliferation, but because we
consider NPT as a flawed treaty and it did not recognize the need for universal,
non-discriminatory verification and treatment." [32]
India and Pakistan have publicly announced possession of nuclear weapons and
have detonated nuclear devices in tests, India having first done so in 1974 and
Pakistan following suit in 1998 in response to another Indian test.[33] India is
estimated to have enough fissile material for more than 150 warheads.
[34]
Pakistan reportedly has between 80 and 120 warheads according to the
former head of its strategic arms division.[35] India was among the few countries
to have a no first use policy, a pledge not to use nuclear weapons unless first
attacked by an adversary using nuclear weapons, however
India's NSA Shivshankar Menon signaled a significant shift from "no first use" to
"no first use against non-nuclear weapon states" in a speech on the occasion of
Golden Jubilee celebrations of the National Defence College in New Delhi on 21
October 2010, a doctrine Menon said reflected India's "strategic culture, with its
emphasis on minimal deterrence".[36][37]
According to leaked intelligence, Israel has been developing nuclear weapons at
its Dimona site in the Negev since 1958, and many nonproliferation analysts like
David Albright estimate that Israel may have stockpiled between 100 to 200
warheads using the plutonium reprocessed from Dimona. The Israeli government
refuses to confirm or deny possession of nuclear weapons, although this is now
regarded as an open secret after Israeli low level nuclear technician Mordechai
Vanunusubsequently arrested and sentenced for treason by Israelpublished
evidence about the program to the British Sunday Times in 1986.
On 18 September 2009 the General Conference of the International Atomic
Energy Agency called on Israel to open its nuclear facilities to IAEA inspection
and adhere to the non-proliferation treaty as part of a resolution on "Israeli
nuclear capabilities," which passed by a narrow margin of 4945 with 16
abstentions. The chief Israeli delegate stated that "Israel will not co-operate in
any matter with this resolution."[38]
In early March 2006, India and the United States finalized an agreement, in the
face of criticism in both countries, to restart cooperation on civilian nuclear
technology. Under the deal India has committed to classify 14 of its 22 nuclear
power plants as being for civilian use and to place them
under IAEA safeguards. Mohamed ElBaradei, then Director General of the IAEA,
welcomed the deal by calling India "an important partner in the non-proliferation
regime."[39]
In December 2006, United States Congress approved the United States-India
Peaceful Atomic Energy Cooperation Act that was cemented during President
Bush's visit to India earlier in the year. The legislation allows for the transfer of
civilian nuclear material to India. Despite its status outside the Nuclear NonProliferation Treaty, India was granted these transactions on the basis of its clean
non-proliferation record, and India's need for energy fueled by its rapid
industrialization and a billion-plus population. [40]
On 1 August 2008, the IAEA approved the India Safeguards Agreement[41] and on
6 September 2008, India was granted the waiver at the Nuclear Suppliers
Group (NSG) meeting held in Vienna, Austria. The consensus was arrived after
overcoming misgivings expressed by Austria, Ireland and New Zealand and is an
unprecedented step in giving exemption to a country, which has not signed the
NPT and the Comprehensive Test Ban Treaty (CTBT).[42][43] While India could
commence nuclear trade with other willing countries. [clarification needed][44] The U.S.
Congress approved this agreement and President Bush signed it on 8 October
2008.[45]
The NSG Guidelines currently rule out nuclear exports by all major suppliers to
Pakistan and Israel, with very narrow exceptions, since neither has full-scope
IAEA safeguards (i.e. safeguards on all its nuclear activities). Attempts by
Pakistan to reach a similar agreement have been rebuffed by the United States
and other NSG members. The argument put forth is that not only does Pakistan
lack the same energy requirements but that the track record of Pakistan as a
nuclear proliferator makes it impossible for it to have any sort of nuclear deal in
the near future.[46]
By 2010, China reportedly signed a civil nuclear deal with Pakistan claiming that
the deal was "peaceful."[47] The British government looked askance at the deal
purporting that 'the time is not yet right for a civil nuclear deal with Pakistan'. [48]
In the Pakistan-China case, the parties did not seek formal approval from
the nuclear suppliers group, and China preferred to "grandfather" the reactor. [49]
Exponents of arms control denounced the China-Pakistan deal as they did in case
of U.S.-India deal claiming that both the deals violate the NPT by facilitating
nuclear programmes in states which are not parties to the NPT. [48]
As of January 2011, Australia, a top three producer and home to worlds largest
known reserves, had continued its refusal to export Uranium to India despite
diplomatic pressure from India.[50] In November 2011 the Australian Prime
Minister announced a desire to allow exports to India, [51] a policy change which
was authorized by her party's national conference in December. [52] On 4
December 2011, Prime Minister Julia Gillard overturned Australia's long-standing
ban on exporting uranium to India.[53] She further said "We should take a decision
in the national interest, a decision about strengthening our strategic partnership
with India in this the Asian century," and said that any agreement to sell uranium
to India would include strict safeguards to ensure it would only be used for
civilian purposes, and not end up in nuclear weapons. [53] On Sep 5, 2014;
Australian Prime Minister Tony Abbott sealed a civil nuclear deal to sell uranium
to India. "We signed a nuclear cooperation agreement because Australia trusts
India to do the right thing in this area, as it has been doing in other areas,"
Abbott told reporters after he and Indian Prime Minister Narendra Modi signed a
pact to sell uranium for peaceful power generation. [54]
Bilateral arms control proposals and confidence building measures
Pakistan has over the years proposed a number of bilateral or regional nonproliferation steps to India, including:[78]
Pakistan has not signed the Non-Proliferation Treaty (NPT) or the Comprehensive
Test Ban Treaty (CTBT). According to the United States Department of Defense
report cited above, "Pakistan remains steadfast in its refusal to sign the NPT,
stating that it would do so only after India joined the Treaty. Pakistan has
responded to the report by stating that the United States itself has not ratified
the CTBT. Consequently, not all of Pakistan's nuclear facilities are under IAEA
safeguards. Pakistani officials have stated that signature of the CTBT is in
Pakistan's best interest, but that Pakistan will do so only after developing a
domestic consensus on the issue, and have disavowed any connection with
India's decision."
In 2007, reports from Washington suggested that the 2002 CIA reports stating that North Korea
was developing an enriched uranium weapons program, which led to North Korea leaving the
NPT, had overstated or misread the intelligence.[64][65][66][67] On the other hand, even apart from
these press allegationswhich some critics[by whom?] worry could have been planted in order to
justify the United States giving up trying to verify the dismantlement of Pyongyang's uranium
program in the face of North Korean intransigencethere remains some information in the public
record indicating the existence of a uranium effort. Quite apart from the fact that North Korean
First Vice Minister Kang Sok Ju at one point admitted the existence of a uranium enrichment
program, Pakistan's then-President Musharraf revealed that the A.Q. Khan proliferation network
had provided North Korea with a number of gas centrifuges designed for uranium enrichment.
Additionally, press reports have cited U.S. officials to the effect that evidence obtained in
dismantling Libya's WMD programs points toward North Korea as the source for Libya's uranium
hexafluoride (UF6) which, if true, would mean that North Korea has a uranium conversion
facility for producing feedstock for centrifuge enrichment.[68]
On February 11, 2013, the U.S. Geological Survey detected a magnitude 5.1 seismic
disturbance,[13] reported to be a third underground nuclear test.[14] North Korea has officially
reported it as a successful nuclear test with a lighter warhead that delivers more force than
before, but has not revealed the exact yield. Multiple South Korean sources estimate the yield at
69 kilotons, while the German Federal Institute for Geosciences and Natural
Resources estimates the yield at 40 kilotons.[15][16][17]
United Nations Security Council Resolution 1718 was adopted unanimously by the United
Nations Security Council on October 14, 2006. The resolution, passed under Chapter VII, Article
41, of the UN Charter, imposes a series of economic and commercial sanctions on
the Democratic People's Republic of Korea (the DPRK, or North Korea) in the aftermath of that
nation's claimed nuclear test of October 9, 2006.[1]
The resolution's provisions include:
North Korea must "not conduct any further nuclear test or launch of a ballistic missile", "suspend
all activities related to its ballistic missile programme" and "abandon all nuclear weapons and
existing nuclear programmes in a complete, verifiable and irreversible manner".
The DPRK must also "return immediately to the six-party talks without precondition".
Shipments of cargo going to and from North Korea may be stopped and inspected for weapons
of mass destruction or associated items (however, there is no obligation placed on member
states to perform such inspections).
A ban is placed on imports and exports of "battle tanks, armoured combat vehicles, large
calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile
systems", "related materiel including spare parts" and any other items identified by the sanctions
committee.
UN member states must freeze the overseas assets of individuals and companies involved with
the DPRK's weapons programmes. An international travel ban is also placed on programme
employees and their families.
UN members are banned from exporting luxury goods to North Korea.[2]
8. Decides that:
(a) All Member States shall prevent the direct or indirect supply, sale or transfer to the DPRK,
through their territories or by their nationals, or using their flag vessels or aircraft, and whether or
not originating in their territories, of:
(i) Any battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft,
attack helicopters, warships, missiles or missile systems as defined for the purpose of the United
Nations Register on Conventional Arms, or related materiel including spare parts, or items as
determined by the Security Council or the Committee established by paragraph 12 below (the
Committee);
(ii) All items, materials, equipment, goods and technology as set out in the lists in documents
S/2006/814 and S/2006/815, unless within 14 days of adoption of this resolution the Committee
has amended or completed their provisions also taking into account the list in document
S/2006/816, as well as other items, materials, equipment, goods and technology, determined by
the S/RES/1718 (2006) 06-57207 3 Security Council or the Committee, which could contribute to
DPRKs nuclear-related, ballistic missile-related or other weapons of mass destructionrelated
programmes;
(c) All Member States shall prevent any transfers to the DPRK by their nationals or from their
territories, or from the DPRK by its nationals or from its territory, of technical training, advice,
services or assistance related to the provision, manufacture, maintenance or use of the items in
subparagraphs (a) (i) and (a) (ii) above;
(d) All Member States shall, in accordance with their respective legal processes, freeze
immediately the funds, other financial assets and economic resources which are on their
territories at the date of the adoption of this resolution or at any time thereafter, that are owned or
controlled, directly or indirectly, by the persons or entities designated by the Committee or by the
Security Council as being engaged in or providing support for, including through other illicit
means, DPRKs nuclear-related, other weapons of mass destruction-related and ballistic
missilerelated programmes, or by persons or entities acting on their behalf or at their direction,
and ensure that any funds, financial assets or economic resources are prevented from being
made available by their nationals or by any persons or entities within their territories, to or for the
benefit of such persons or entities;
(e) All Member States shall take the necessary steps to prevent the entry into or transit through
their territories of the persons designated by the Committee or by the Security Council as being
responsible for, including through supporting or promoting, DPRK policies in relation to the
DPRKs nuclear-related, ballistic missile-related and other weapons of mass destruction-related
programmes, together with their family members, provided that nothing in this paragraph shall
oblige a state to refuse its own nationals entry into its territory;
10. Decides that the measures imposed by paragraph 8 (e) above shall not apply where the
Committee determines on a case-by-case basis that such travel is justified on the grounds of
humanitarian need, including religious obligations, or where the Committee concludes that an
exemption would otherwise further the objectives of the present resolution;
United Nations Security Council Resolution 1874 was adopted unanimously by the United
Nations Security Council on 12 June 2009.[1] The resolution, passed under Chapter VII, Article 41,
of the UN Charter, imposes further economic and commercial sanctions on the Democratic
People's Republic of Korea (the DPRK, or North Korea) and encourages UN member states to
search North Korean cargo, in the aftermath of anunderground nuclear test conducted on 25
May 2009.
The provisions of the resolution include:
Authorizing member states to inspect, "in accordance with their national authorities and
legislation, and consistent with international law", North Korean cargo on land, sea, and air, and
to destroy any goods suspected of being connected to the DPRK's nuclear programme. [2]
Requiring the North Korean government to return immediately to the six-party talks and renounce
its announcement of withdrawal from the Nuclear Non-Proliferation Treaty.[3]
Preventing financial services that could contribute to the nuclear or ballistic missile related
programmes.[4]
Instructing member states not to provide financial assistance to the DPRK nuclear programme,
or enter into loans with the country, except for humanitarian or developmental reasons.[4]
Extending the arms embargo on North Korea by banning all weapons exports from the country
and most imports, with an exception to small arms, light weapons and related material though
member states must notify the Security Council five days prior to selling the weapons. [5][6]
Demanding that North Korea halt its nuclear weapons program and conduct no further nuclear or
missile tests.[5]
Asking member states to notify the Council of steps they are taking to implement the sanctions
within 45 days.[7]
Affirming the Security Council's commitment to a peaceful, diplomatic resolution to the situation. [7]
9. Decides that the measures in paragraph 8 (b) of resolution 1718 (2006) shall also apply to all
arms and related materiel, as well as to financial transactions, technical training, advice, services
or assistance related to the provision, manufacture, maintenance or use of such arms or
materiel;
10. Decides that the measures in paragraph 8 (a) of resolution 1718 (2006) shall also apply to all
arms and related materiel, as well as to financial transactions, technical training, advice, services
or assistance related to the provision, manufacture, maintenance or use of such arms, except for
small arms and light weapons and their related materiel, and calls upon States to exercise
vigilance over the direct or indirect supply, sale or transfer to the DPRK of small arms or light
weapons, and further decides that States shall notify the Committee at least five days prior to
selling, supplying or transferring small arms or light weapons to the DPRK;
United Nations Security Council Resolution 2087, adopted unanimously on January 22, 2013,
after recalling all previous relevant resolutions on the situation concerning North Korea, including
resolutions 825 (1993),1540 (2004), 1695 (2006), 1718 (2006), and 1874 (2009), the Council
condemned the December 12, 2012 rocket launch by the Democratic People's Republic of
Korea.[1] North Korea cited this resolution as the cause of the 2013 Korean crisis.[citation needed]
Nuclear submarine
In response to INS Arihant, India's first nuclear submarine, the Pakistan Navy
pushed forward a proposal to build its own nuclear submarine as a direct
response to the Indian nuclear submarine program. [178][179] Many military experts
believe that Pakistan has the capability of building a nuclear submarine and is
ready to build such a fleet.[178] Finally in February 2012, the Navy announced it
would start work on the construction of a nuclear submarine to better meet the
Indian Navy's nuclear threat.[180] According to the Navy, the nuclear submarine is
an ambitious project, and will be designed and built indigenously. However, the
Navy stressed that "the project completion and trials would take anywhere from
between 5 to 8 years to build the nuclear submarine after which Pakistan would
join the list of countries that has a nuclear submarine." [178][180]
Criticism of NPT
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.
[105]
This argument has 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. [4][6] Some
argue that the NWS have not fully complied with their disarmament obligations
under Article VI of the NPT.[106] Some countries such as India have criticized the
NPT, because it "discriminated against states not possessing nuclear weapons on
January 1, 1967," while Iran and numerous Arab states have criticized Israel for
not signing the NPT.[107][108] 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.[5]
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 process eliminating whole
categories of warheads and delivery systems and reducing its reliance on nuclear
weapons.[citation needed] 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.[110]
pledge was contained in a crucial statement issued during the NSG meeting by
India outlining the country's disarmament and nonproliferation policies. [13]
The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines
a framework for diplomatic relations between independent countries. It specifies the privileges of
a diplomatic mission that enable diplomats to perform their function without fear of coercion or
harassment by the host country. This forms the legal basis for diplomatic immunity. Its articles
are considered a cornerstone of modern international relations. As of April 2014, it has been
ratified by 190 states.[1]