Abstract

The Non-Proliferation Treaty (NPT) is an international treaty that should be implemented during both peace and wartime. However, the obligations included in the treaty are dependent upon states' attitudes regarding other issues. Non-use of nuclear weapons is directly related to negotiations done for the purpose of non-proliferation of nuclear weapons, non-production or accumulation by other means and disarmament. In our day, prevention of the proliferation of nuclear weapons has been one of the issues of international law. The present study is of crucial significance due to its endeavor to clarify the general principles of Humanitarian Law in a relationship to the threat of nuclear weapons' up to now, a special norm; significantly limiting or completely prohibiting the use of nuclear weapons, has not been accepted in international law. However, customary international humanitarian law regarding the use of nuclear weapons holds great value because of its purpose in eliminating nuclear weapons as a means of war through ascertaining their non-use and also appeasing the importance of nuclear ascendancy. In this respect, the NPT regime and its relationship with international humanitarian law will be discussed. Firstly, the NPT background, formation, main objectives and principles will be analyzed. In order to evaluate the relationship between the NPT and humanitarian law, the humanitarian obligations in general, humanitarian obligations in the context of the NPT and fulfillmen t of these obligations under the NPT should be studied. One of the main parts of the study is nuclear disarmament obligation included in the NPT. In this section, nuclear disarmament obligation in the context of the NPT and the legal framework of possible, general and comprehensive disarmament will be examined.

Highlights

  • The Non-Proliferation Treaty (NPT) is an international treaty that should be implemented during both peace and wartime

  • The present study is of crucial significance due to its endeavor to clarify the general principles of Humanitarian Law in a relationship to the threat of nuclear weapons’ up to now, a special norm; significantly limiting or completely prohibiting the use of nuclear weapons, has not been accepted in international law

  • According to the Final Document, the following statements have been put forward as conclusions and recommendations for follow-on actions: ‘In pursuit of the full, effective and urgent implementation of Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons and paragraphs 3 and 4 (c) of the 1995 decision entitled ‘Principles and objectives for nuclear non-proliferation and disarmament,’17 and building upon the practical steps agreed to in the Final Document of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, the Conference agrees on the following action plan on nuclear disarmament which includes concrete steps for the total elimination of nuclear weapons.’18

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Summary

NPT and Humanitarian Law

In the Final Document of the 2010 NPT Review Conference, which was held in New York, the Conference reaffirmed “the catastrophic humanitarian consequences of any use of nuclear weapons and need for all states to comply with international humanitarian law.’. This provision has been considered under the ‘Nuclear Disarmament/Principles and Objectives’ section that has taken place in Part I of the Final Document with. 15 Joint Statement by President Obama and Prime Minister Singh of India (2010), available at (accessed Jan. 16, 2016)

16 Vancouver Declaration
Nuclear Disarmament
57 European Parliament Resolution on Nuclear Disarmament
Conclusion
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