5. Armed Conflict and the Environment

Abstract

The past year saw a massive increase in the number of state parties to the 2017 Treaty on the Prohibition of Nuclear Weapons (Nuclear Treaty). Almost seventeen countries became party to the Nuclear Treaty either through ratification or accession. Australia, Costa Rica, Cuba, Gambia, Mexico, New Zealand, Nicaragua, Palau, Palestine, Samoa, San Marina, South Africa, Uruguay, Vanuatu, Venezuela, and Vietnam became members through ratification, while Cook Islands became a party through accession. Saint Lucia signed the treaty in 2018. As per Article 15, the treaty will come into force ‘90 days after the fiftieth instrument of ratification, acceptance, approval or accession deposited.’ As of the time of writing this report, the convention has twenty-three state parties. The Nuclear Treaty underlies the grave implication for the environment that may ensue from the use or testing of nuclear weapons or other nuclear explosive devices. Article 6(2) of the treaty positively obliges states to take environmental remediation steps for the areas under either their control or jurisdiction if any part thereof is contaminated through either the use or testing of nuclear weapons or any other nuclear explosive devices. This obligation is without any prejudice to other liabilities under bilateral or multilateral treaties or under customary international law. Article 7(6) further obliges the state party that has caused harm to the areas under either control or jurisdiction of any other state through its nuclear-related activities to assist the affected state party in environmental remediation.