Towards Fulfillment of Fundamental Rules of Humanitarian law in the Context of the Nuclear Non-proliferation Treaty

AuthorS. Bagheri
PositionAkdeniz University (Antalya, Turkey)
Pages66-89
BRICS LAW JOURNAL Volume III (2016) Issue 1
TowaRDS FuLFILLMEnT oF FunDaMEnTaL RuLES oF HuManITaRIan Law
In THE ConTEXT oF THE nuCLEaR non-PRoLIFERaTIon TREaTY
SAEED BAGHERI,
Akdeniz University
(Antalya, Turkey)
DOI:10.21684/2412-2343-2016-3-1-66-89
The Non-Proliferation Treaty (NPT) is an international treaty that should be implemented
during both peace and wartime. However, t he obligations included in the treaty a re
dependent upon states’ attitudes regarding other issues. Non-use of nuclear weapons
is directly related to negotiations done for the purpose of non-proliferation of nuclear
weapons, non-production or accumulation by other means and disarmament. In our
day, prevention of th e proliferation of nuclear weapons has been one of the is sues of
international law.
The presen t study is of crucia l signicance due to i ts endeavor to clarify the general
principles of Humanitarian Law in a relationship to the threat of nuclear weapons’ up to
now, a special norm; signicantly limiting or completely prohibiting the use of nuclear
weapons, has not been accepted in international law. However, customary international
humanitarian law regarding the use of nuclear weapons holds great value because of its
purpose in eliminating nuclear weapons as a means of war through ascertaining their
non-use and also appeasing the importance of nuclear ascendancy. In this respect, the
NPT regime and its relationship with international humanitarian law will be discussed.
Firstly, the NPT background, formation, main objectives and principles will be analyzed.
In o rder to evaluate the relations hip bet ween th e NPT and humanitaria n law, the
humanitarian obligations in general, humanitarian obligations in the context of the
NPT and fulllment of these obligations under the NPT should be studied. One of the main
parts of the study is nuclear disarmament obligation included in the NPT. In this section,
nuclear disarmament obligation in the context of the NPT and the legal framework of
possible, general and comprehensive disarmament will be examined.
Keywords : nuc lear w eapons; non-prol iferation treat y; NP T; nucl ear di sarmament;
international law; international humanitarian law.
SAEED BAGHERI 67
Recommended citation: Saeed Bagheri, Towards Fulllment of Fundamental Rules
of Humanitarian Law in the Context of the Nuclear Non-Proliferation Treaty, 3(1) BRICS
Law Journal 66–89 (2016).
Table of Contents
1. Introduction
2. NPT and Humanitarian Law
2.1. Formation of NPT, Its Main Objectives and Principles
2.2. A General Overview of Humanitarian Obligations
2.3. Humanitarian Obligations in the Context of the NPT
2.4. Fulllment of Humanitarian Obligations under the NPT
3. Nuclear Disarmament
3.1. Nuclear Disarmament Obligation in the Context of the NPT
3.2. The Legal Framework of Possible, General and Comprehensive
Disarmament
4. Conclusion
1. Introduction
A specific norm that substant ially restricts the use of n uclear weapons or
eliminates completely these weapons has not been accepted in international law so
far. However, the principles and fundamental rules of international humanitarian law
applicable to nuclear weapons are also rules of customary international law. These
rules are very significant in terms of reducing the importance of nuclear superiority by
removing the function of these weapons as a ‘means of warfare’ resulting in the non-
use of nuclear weapons. Actually, the concerns about humanitarian consequences
of nuclear weapons have been highlighted in the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT).1 In accordance with the NPT’s preamble ‘the parties to the
Treaty [considers] the devastation that would be visited upon all mankind by a nuclear
war and the consequent need to make every eort to avert the danger of such a war and
to take measures to safeguard the security of peoples.
Taking into account, th e destructive impacts of nuclear weapons on human
beings after the devastation of Hiroshima and Nagasaki in 1945, the humanitarian
impacts of nuclear weapons have been the subject of much discussion recently. Use
of nuclear weapons at any time and under any circumstances, as well as a permanent
drain on human and natural resources constituted by nuclear arsenals, will lead to
humanitarian disaster.
1 Treaty on the Non-Proliferation of Nuclear Weapons (NPT), New York, June 12, 1968.

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