The Prohibition of Nuclear Weapons: Assisting Victims and Remediating the Environment

Oct 17, 2017 | Elizabeth Minor
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In a remarkable achievement this summer, States concluded negotiations on the Treaty on the Prohibition of Nuclear Weapons (TPNW). Having opened for signature in September, the TPNW will be a key topic for States at the UN General Assembly’s First Committee in the coming weeks. The awarding of the 2017 Nobel Peace Prize to the International Campaign to Abolish Nuclear Weapons (ICAN) for their work for the TPNW will further draw attention to the treaty. The treaty text prohibits these weapons—because of their catastrophic and unacceptable humanitarian consequences—and provides a framework for their elimination. It also bans assistance with prohibited acts. But, this is not all that it does. A key area in which practical impacts from the TPNW could soon be felt is through its provisions for victim assistance and environmental remediation (i.e., the rehabilitation of the environment and protective measures that minimise human exposure to radiation). These obligations follow the approach of previous treaties on anti-personnel landmines and cluster munitions. 

Humanitarian foundations

 The conclusion of the TPNW means that international prohibition treaties for all the weapons of mass destruction—biological, chemical and nuclear—have now been successfully negotiated. This treaty thus resolves a legal anomaly that has persisted for decades. Moreover, it represents a morally appropriate and legally coherent response to the overwhelming weight of evidence and testimony about the horrific impacts of nuclear weapons—many aspects of which were presented in the International Review of the Red Cross’s edition on The Human Cost of Nuclear Weapons last year. The international community reached this point through a State-led humanitarian initiative. During this process, different entities—including States, the ICRC and humanitarian organisations—examined the evidence about the impact of nuclear weapons on people, places and the environment, bringing in new research and perspectives. The initiative sought to change the terms of the international debate between States on nuclear weapons, from considerations of State security towards the humanitarian costs of the weapons themselves. Through this focus, the humanitarian initiative thus raised fundamental questions about the acceptability of nuclear weapons.