Treaty on the Prohibition of Nuclear Weapons

Abstract

Those who have been following international headlines for the past year can observe the increased prevalence of discussions on nuclear weapons, including between the United States and North Korea. In the margins of the discussions, the law and policy discussions around nuclear non-proliferation become very relevant. After all, the devastating humanitarian consequences of nuclear weapons are very clear. “Studies have shown that the detonation of nuclear weapons would cause widespread death, injury and damage, especially if it occurred in or near a populated area.” There would be extensive casualties from severe burns and blunt force trauma that would occur in the moments after the detonation, as a result of blast effects and the release of thermal radiation. As such, most communities would not necessarily have the capacity to enact appropriate response mechanisms. “[A]ssessments undertaken by the ICRC have highlighted that there is a lack of capacity in most countries and at the international level to adequately respond to a nuclear detonation, and to provide assistance that would benefit a substantial portion of survivors in the aftermath.” Amid these considerations, the first-ever nuclear ban treaty, the Treaty on the Prohibition of Nuclear Weapons (Treaty), was negotiated in the halls of the UN headquarters in New York. Before analyzing the Treaty itself, a word on how it came about and the legal framework that preceded it.