A/HRC/27/51
are seen by States as a liability, not an asset.”56 In December 2013, the United Nations High
Representative on Disarmament observed: “any high-level meeting on nuclear disarmament
advances nuclear disarmament, simply because it underlines the urgency of what needs to
happen. The cornerstone of the whole architecture is clearly the Nuclear Non-Proliferation
Treaty, which has three pillars. One of them is nuclear disarmament. But when you look at
how much disarmament has actually taken place, it really isn’t there. There’s an increasing
urgency on the part of those countries that do not have nuclear weapons to say to the
nuclear weapons powers: you need to disarm, you need to fulfil your side of the bargain.
Having a high-level meeting with many ministers underlined the fact that more needs to
happen.”57
C.
Role of the International Court of Justice
40.
Bearing in mind the dangers inherent in the mere existence of stockpiles of nuclear
weapons, the Republic of the Marshall Islands filed applications before the International
Court of Justice, on 24 April 2014, against nine nuclear-armed States for their alleged
failure to negotiate in good faith for nuclear disarmament, as required under the NonProliferation Treaty.58
41.
Many civil society organizations, including the Nuclear Age Peace Foundation,
applauded the initiative of the Marshall Islands to engage the World Court in an overdue
action against the nuclear-armed nations and the stagnation of negotiations. It should be
remembered that the people of the Marshall Islands continue to suffer today from the
effects of nuclear weapon tests that took place on their territory in the 1940s and 1950s, and
they want to ensure that such devastation is never brought on anyone ever again.59
Moreover, it is important to have a pronouncement of the International Court of Justice
concerning the international legal obligations assumed by nuclear weapons States pursuant
to article VI of the Non-Proliferation Treaty: “Each of the Parties to the Treaty undertakes
to pursue negotiations in good faith on effective measures relating to cessation of the
nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general
and complete disarmament under strict and effective international control.”
42.
While the current applications are of a contentious nature, the General Assembly
could consider, pursuant to Article 96 of the Charter of the United Nations, referring a
pertinent legal question to the International Court of Justice for an advisory opinion: What
are the legal consequences of the non-respect of article VI of the Non-Proliferation Treaty?
D.
Arms trade and zones of peace
43.
On 2 April 2013, the General Assembly adopted the Arms Trade Treaty. As of July
2014, 118 States have signed the Treaty and 41 have ratified it.60 Fifty ratifications are
necessary for its entry into force. However, the mere existence of the Treaty provides an
example of good international practice that slowly but surely can bear fruit.
44.
On 28 and 29 January 2014 the Community of Latin American and Caribbean States
(CELAC) held its second summit in Havana and adopted a declaration on 29 January 2014
56
57
58
59
60
See www.un.org/apps/news/story.asp?NewsID=47417.
See www.un.org/apps/news/newsmakers.asp?NewsID=100#sthash.T597InnU.dpuf.
See www.icj-cij.org/presscom/files/0/18300.pdf.
See www.wagingpeace.org/the-nuclear-zero-lawsuits-taking-nuclear-weapons-to-court/.
See www.un.org/disarmament/ATT/, www.un.org/sg/dsg/statements/index.asp?nid=514.
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