A/HRC/17/39
testing, manufacture, possession and deployment of nuclear weapons are among the
greatest threats to the right to life which confront humankind today.15 In its advisory
opinion on the Legality of the Threat or Use of Nuclear Weapons of 8 July 1996, the
International Court of Justice unanimously concluded that article VI of the Treaty on the
Non-Proliferation of Nuclear Weapons and other international commitments required States
to “pursue in good faith and bring to a conclusion negotiations leading to nuclear
disarmament in all its aspects under strict and effective international control”. An annual
General Assembly resolution welcoming the Court’s conclusion calls for negotiations on a
convention prohibiting and eliminating nuclear weapons globally as the means of meeting
the obligation.16
26.
Weapons of mass destruction, including nuclear, chemical and biological weapons,
do not only have an instant negative effect on peoples and individuals and the enjoyment
and exercise of a variety of their human rights. The development, production, stockpiling
and use of weapons of mass destruction or of indiscriminate effect may also imply
unforeseeable, uncontrollable and long-term and cross-border effects on the environment
threatening the livelihood of succeeding generations.
27.
The Convention on the Prohibition of Military or Any Other Hostile Use of
Environmental Modification Techniques17 states in article 1 that each State party to the
Convention undertakes not to engage in military or any other hostile use of environmental
modification techniques having widespread, long-lasting or severe effects as the means of
destruction, damage or injury to any other State party.
28.
The final outcome document of the International Conference on the Relationship
between Disarmament and Development18 concluded that true and lasting peace and
security in this interdependent world demanded rapid progress in both disarmament and
development as two of the most urgent challenges facing the world today.
29.
The Secretary-General has underlined that disarmament contributes to creating a
more stable international and national order that is favourable to development and human
rights.19 Several initiatives by the United Nations have also addressed the international arms
trade and illegal arms trade.20
30.
The right to full disarmament must be understood to be part of the right of peoples to
live in peace. The right to disarmament should be a component of the right of peoples to
peace as well as part of the right to international solidarity.21
15
16
17
18
19
20
21
General comment No. 14 on nuclear weapons and the right to life (Art. 6), 1984, para. 4.
See for example General Assembly resolution 64/55. It is significant that, at the 2010 Treaty Review
Conference, for the first time, the Action Plan on Nuclear Disarmament, in the final document,
affirms that “all States need to make special efforts to establish the necessary framework to achieve
and maintain a world without nuclear weapons.” It then notes the Five-Point Proposal for Nuclear
Disarmament of the Secretary-General, proposing, inter alia, consideration of negotiations on a
nuclear weapons convention or agreement on a framework of separate mutually reinforcing
instruments, backed by a strong system of verification. The 2010 Review Conference thus
acknowledged that elimination of nuclear weapons would require a global institutional and legal
system.
United Nations, Treaty Series, vol. 1108, p. 151.
A/CONF.130/39.
See A/59/119.
For example, the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small
Arms and Light Weapons in All Its Aspects, and the work of the Open-ended Working Group
towards an Arms Trade Treaty.
Colloquium on the New Human Rights, Matias Romero Institute of Diplomatic Studies of the
7
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