The Encyclopedia is a project of the Geneva Academy of International Humanitarian Law and Human Rights launched on 2 December 2013. The Enyclopedia aims to provide accurate, up-to-date information on weapons, the effects of their use, and their regulation under public international law, in a format that is accessible to non-specialists.+ Find out more
The 1968 Nuclear Non-Proliferation Treaty (NPT) classifies the state parties into two groups: nuclear weapon states and non-nuclear weapon states. There are five nuclear weapon states, which are allowed to maintain nuclear weapons: China, France, Russia, the United Kingdom and the United States of America. The non-nuclear states are the remaining 190 state parties. The NPT prohibits the development of nuclear weapons by non-nuclear weapon states, but allows them to use nuclear energy for peaceful purposes (i.e. nuclear energy and research) as well as prohibiting nuclear weapon states from spreading nuclear weapons. All states, including nuclear weapon states, are required to pursue both nuclear and general and complete disarmament. A Review Conference is held every five years. The NPT entered into force in 1970 and was indefinitely extended in 1995.
Soon after the United States' bombings of Hiroshima and Nagasaki in 1945, the first United Nations General Assembly resolution called for the elimination of nuclear weapons in 1946. UNGA Res 1(I). Three years later in 1949, the Soviet Union tested its first nuclear weapon in Kazakhstan. Another three years later in 1952, the United Kingdom tested its first nuclear bomb. A series of more powerful tests, including the United States’ hydrogen bomb, would be executed in the following years. The United States was, and still is, the only state to have used nuclear weapons against another state.
In 1953, President Dwight D. Eisenhower spoke to the Eighth General Assembly of the United Nations and encouraged the development of an international organization related to ensuring peaceful nuclear development. Eisenhower’s dedication to atomic issues led to negotiations between the United States, United Kingdom, Belgium and Canada regarding nuclear assistance. D. Fischer, 'History of the International Atomic Energy Agency: The First Forty Years', IAEA, 1997, 29. These negotiations continued for years and resulted in the United States concluding agreements with 42 states. D. Fischer, 'History of the International Atomic Energy Agency: The First Forty Years', IAEA, 1997, 29.
In 1954, the United States proposed to the United Nations General Assembly that an international agency be created to be in charge of monitoring fissile material. The next year, the Conference on the Peaceful Uses of Atomic Energy was held in Geneva, Switzerland. The Conference on the IAEA Statute was held in 1956 to approve the document that was previously negotiated on by twelve countries. In 1957 the Statute of the International Atomic Energy Agency (IAEA) entered into force to control and monitor nuclear technology.
In 1958 the Irish Minister for Foreign Affairs, Frank Aiken, launched the NPT development process. Throughout the next few years the development of a treaty gained support. In 1961, a General Assembly resolution on negotiations of a treaty banning states without nuclear weapons from developing or acquiring nuclear weapons passed unanimously. G. Bunn & J.B. Rhinelander, 'Looking Back: The Nuclear Nonproliferation Treaty Then and Now', Arms Control Association, 3 September 2008. Several drafts were presented to the states. The United States were adamant on the creation of a multilateral force (MLF) made up of ships from multiple NATO countries that would maintain nuclear weapons. This idea was ultimately left out after the US decided to focus on the NPT. G. Bunn & J.B. Rhinelander, 'Looking Back: The Nuclear Nonproliferation Treaty Then and Now', Arms Control Association, 3 September 2008.
In October 1962, the world came the closest it had been to a nuclear war when United States intelligence discovered Soviet Union missile launch sites in Cuba, which is 90 miles away from the continental United States. The Soviet Union’s moving of weapons to Cuba was a response to the US weapons in Italy and Turkey as well as Cuba’s request of ballistic missiles to prevent aggression towards the island. On 22 October 1962, President John F. Kennedy ordered what he called a naval quarantine of Cuba. The Soviet Union’s leader Nikita Khrushchev called Kennedy’s actions an 'act of aggression'. The crisis came to an end after quiet negotiations with the Soviet Union and the US, in which the Soviet Union moved its missiles out of Cuba and the US moved its missiles out of Italy and Turkey. This widespread panic surrounding nuclear weapons led to a more open conversation on nuclear and general and complete disarmament. In 1963 the United States and Soviet Union signed the Partial Test Ban Treaty, giving hope that a more comprehensive form of nuclear disarmament would soon be developed.
In 1967, Latin American states, and some Caribbean states, named the region a nuclear free zone. The 1967 Tlaltelolco Treaty prohibits the possession, testing or manufacturing of nuclear weapons in the region. Latin American Nuclear Free Zone Treaty (1967), Atomic Archive. The treaty was a stepping stone to showing how many states were serious about nuclear and general and complete disarmament. By 1968 agreements were reached on a treaty regarding nuclear weapons, which became the NPT. The NPT opened for signature on 1 July 1968 with Finland the first state to sign. There are now 191 parties to the treaty. India, Pakistan, Israel and South Sudan are not and never have been parties to the treaty. North Korea withdrew from the NPT in 2003. The NPT entered into force on 5 March 1970.
In 1995, the NPT Review and Extension Conference was held to ensure the provisions of the treaty are being upheld and to decide whether or not the treaty should be extended. R. Rydell, 'Looking Back: The 1995 Nuclear Nonproliferation Treaty Review and Extension Conference', Arms Control Association, 1 April 2005. The conference resulted in three decisions regarding the treaty: there will be five year review conferences, new 'principles and objectives' to assess progress in multiple areas of the treaty and the treaty would be extended indefinitely. R. Rydell, 'Looking Back: The 1995 Nuclear Nonproliferation Treaty Review and Extension Conference', Arms Control Association, 1 April 2005.
There are three main points to the Nuclear Non-Proliferation Treaty (NPT): Non-nuclear weapon states agree not to acquire nuclear weapons, all states have the right to use nuclear energy for peaceful purposes, and all states commit to nuclear and general and complete disarmament. The treaty also sets further standards for the International Atomic Energy Agency (IAEA).
One of the most prominent aspects of the NPT is which countries can and cannot acquire nuclear weapons. Nuclear weapon states are those which tested nuclear weapons prior to the treaty, non-nuclear weapon states are all others.
Under Articles I and II of the NTP, nuclear weapon states shall not transfer nuclear weapons or assist in the development of nuclear weapons to non-nuclear weapon states and that non-nuclear weapon states shall not accept any transfers or assistance. This includes the transfer of nuclear explosive devices and encouragement of producing such weapons.
Under Article III, clause two, each state party to the treaty undertakes not to provide special fissionable materials or equipment designed for processing or production of special fissionable material to any non-nuclear weapon states. This article expands on Articles I and II, which address the transferring of weapons themselves.
Since there are other uses for nuclear energy, the NPT allows for non-nuclear weapon states to use their nuclear material for peaceful purposes. Peaceful purposes include nuclear power and research into nuclear power.
Article IV ensures the rights of states to pursue development and research in nuclear energy for peaceful purposes as well as the states' rights to transfer material for peaceful purposes.
Under Article VI, parties to the treaty undertake to negotiate with each other in good faith to pursue nuclear disarmament and the development of a treaty on general and complete disarmament. This clause has been under debate recently as non-nuclear weapon states have already committed to nuclear disarmament, while it seems nuclear weapon states only seem to be progressing in their nuclear capabilities. N.A. Wulf, 'Misinterpreting the NTP', Review of D.H. Joyner's Journal Interpreting the Nuclear-Nonproliferation Treaty, Arms Control Association, 30 August 2011.
Article VII ensures that the NPT will not interfere with the right of states to develop regional treaties regarding nuclear disarmament in their area. There are multiple treaties enforcing nuclear weapon free zones whether regional or international, two of which entered into force prior to the NPT. The 1967 Outer Space Treaty and 1959 Antarctic Treaty ban nuclear weapons from being used in space or in Antarctica. Latin America, Africa, South Pacific and Southeast Asia all have treaties making the specified regions nuclear free zones, which were drafted after the NPT. 'Nuclear-Weapon-Free Zones', United Nations Office for Disarmament Affairs.
Under Article III clause one, each non-nuclear state undertakes to accept the safeguards by the International Atomic Energy Agency (IAEA) to ensure the states are fulfilling the obligations of the NPT. These safeguards include the monitoring of any fissionable material being produced, processed or used.
Under Article III, clause three, the mentioned safeguards are to be implemented in a way that would comply with Article IV of the NPT, which ensures states can use nuclear energy for peaceful purposes, and in avoidance of tampering with the economic or technological development of a state in regards to the peaceful use of nuclear technology as well as the international transferring of nuclear material for peaceful purposes.
Under Article III, clause four, non-nuclear weapon states shall begin agreements with the IAEA to comply with Article III as a whole.
The IAEA has been faced with scrutiny for presenting bias to Western States much of which stems from the recent Iran Deal, where an agreement between some states and Iran would place the IAEA in Iran for a longer period of time than others. J. Borger, 'Nuclear Watchdog Chief Accused of Pro-Western Bias Over Iran', The Guardian, 22 March 2012. IAEA bias would be in direct violation of Article V of the NPT, which ensures no discrimination of states.
Last updated on: 02 August 2017