[Invading Iraq] is not the best way to make a safer world in which the United States would be a responsible partner, but it also goes against the role of law in the United States.
The commitment to international agreements is embodied, it's found in the U.S. Constitution. Article Six of the U.S. Constitution provides that treaties of the United States are part of the supreme law of the land along with the constitution itself and laws passed by Congress. Well, the US government certainly has not been acting in recent years as if treaties were part of the supreme law of the land.
The story goes on in the sense that at a most basic level, the United States ignored, that is violated, the United Nations charter when it invaded Iraq in 2003. This is not wise policy.
In 2002 the [George] Bush administration effectively put an end to negotiations of an agreement which would have established inspection procedures to ensure or to monitor compliance with the existing legal ban on biological weapons.
Following World War II, the U.S. was the architect of the UN system, and the world financial system, and the Human Rights Declaration, and of course the United Nations is based here in New York City. But, unfortunately, especially in the last decade, the U.S. really has been turning its back on international agreements and the set of agencies and procedures that they create as a means for governing the world.
Basically [United States and France] said "We will use nuclear weapons whenever it suits our purposes to do so." So this expansion of doctrines regarding possible use of nuclear weapons makes them more, you know, sort of, salient and important and so it's increasing the perceived political value of nuclear weapons and therefore causing or contributing to possible proliferation.
The United States says "We're complying. We're following the disarmament obligation. Look at the quantitative reductions that are taking place." But, since '96, there really hasn't been progress on specific commitments that have been made. Perhaps most disturbing is this: that the United States and France in particular, since 1996, have expanded the range of circumstances under which they might use - they say they might use - nuclear weapons.
The U.S. had about 10,000 nuclear warheads. It is estimated that the U.S. is heading towards having 6,000 nuclear warheads in the year 2012.
[Nuclear weapons] now I think I mentioned around 27,000 and during the Cold War the total global arsenal was on the order of 70,000.
The overall quantity of nuclear weapons in the world continues to decline slowly.
The court was unable to rule on all circumstances in which nuclear weapons might be used, and it said in view of the problems, the risks posed by nuclear weapons, and in view of the lack of certainty of the law in all circumstances, the best course is fulfilling the obligation of good faith negotiations of nuclear disarmament contained in the nuclear non-proliferation treaty.
Here's how the court put it, and all judges agreed to this. The court said: "There exists and obligation to pursue in good faith and bring to a conclusion negotiations under nuclear disarmament in all its aspects under strict and effective international control."
You cannot cause disproportionate damage to the environment; you cannot harm neutral states. The court said that the threat or use of nuclear weapons is generally contrary to the international law of armed conflict.
You cannot use [nuclear weapons] to target civilians; you cannot use them against military targets if they have indiscriminate effects on civilians in addition to the attack on the military target.
My group, the Lawyers Committee on Nuclear Policy, was one of the principle organizers. So, there was this campaign to support the United Nations General Assembly in asking the International Court of Justice for an advisory opinion on the legality of threat or use of nuclear weapons.
The International Court of Justice (a.k.a. World Court) is the judicial branch of the United Nations and in the early 1990's a campaign started and it was supported by civil society non-governmental groups around the world.
The countries outside the Non-Proliferation Treaty also are bound by that obligation [ Article Six of the treaty] according to, at least it's a strong implication of, a 1996 opinion of the International Court of Justice.
The five original nuclear weapon states I mentioned - U.S., Britain, France, China, and Russia - under the NPT have committed to the achievement of the elimination of their nuclear arsenals through good faith negotiations of nuclear disarmament - that's Article Six of the treaty.
Almost all of the governments have agreed that they will not acquire nuclear weapons and that they will allow the International Atomic Energy Agency to monitor their commercial and research nuclear power operations to ensure that nuclear materials - highly enriched uranium and plutonium - are not diverted to use in weapons.
The only countries that are outside of [ Nuclear Non-Proliferation Treaty] are Israel, Pakistan, India, and North Korea withdrew in the last few years.
There is an international treaty framework for this. It's the Nuclear Non-Proliferation Treaty (NPT). Most countries in the world are members of the treaty.
Maybe that will happen with other countries as well. And so, that's why one of the things that groups like mine that work for the elimination of nuclear weapons and work for their marginalization in the meantime, we say you have to diminish the political value that's attached to nuclear weapons in order to give them less (kind of) desirability in the eyes of governments that do not now have them, and thus to help stop their spread.
Especially in the case of India and Pakistan, it's very clear that significant parts of the elites in both countries view having nuclear weapons as a ticket to prestige.
Somewhat by historical happenstance the five permanent members of the UN Security Council - United States, Britain, France, Russia, and China - also were the original five countries to have nuclear weapons.
It doesn't seem to be that huge a commitment that would create, you know, some kind of really powerful constituency. But the history has been for the United States and Russia especially that nuclear weapons have kind of become part of the identity of the countries.
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