AMITY LAW SCHOOL

AMITY UNIVERSITY LUCKNOW

SESSION : 2017-2022

TOPIC- TREATIES PERTAININT TO DISARMAMENT

SUBJECT- POLITICAL SCIENCE II

Submitted To : Submitted By:

Ms JUHI SRIVASTAVA NIKHIL SINGH

Assistant Professor. B.A., LL.B (Hons.)

Semester- 6th, Section ‘B’

Enrolment no. –A8111117071

ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to our faculty

Ms. JUGI SRIVASTAVA who gave me the golden opportunity to
do this wonderful project on the topic “TREATIES PERTAININT TO
DISARMAMENT” which also helped me in doing a lot of Research
and I came to know about so many new things, I am really thankful to
them.
Disarmament

Definition

Disarmament is an act of reduction or deprivation of arms , and as such is applicable to all

weapons systems, ammunition and explosives, including nuclear, chemical, biological,
radiological and conventional systems. Disarmament is primarily aimed at reducing or
controlling the number of weapons held by combatants before demobilization

AIMS & OBJECTIVES

 To reduce or control the number of weapons held by the combatant forces before
demobilization. Reduction in the weapons possessed by, or available to, armed groups
Reduction in actual or to the threat of occurrence of an armed violence Minimal
casualties during disarmament Improvement in the perception of human security.
 Public connection between the availability of weapons and armed violence To build
an awareness across the globe against arms race and lethal consequences related to it
 Reduction and the disruption of the transfer and the illicit trade of weapons Reduction
of weapons existing on the face of the earth Development on tough laws and regime
against the illegal use of the weapons.

International organisation take Disarmament for world peace and security

In 1945, representatives of 50 countries met in San Francisco at the United Nations

Conference on International Organization to draw up the United Nations Charter. As
mandated by its Charter, maintaining international peace and security is the central purpose
of the United Nations. Although the Charter does not directly reference nuclear weapons,
some of the UN’s major goals include halting the spread of arms and reducing and eventually
eliminating all weapons of mass destruction. Since its establishment, the UN has been an
ongoing forum for nonproliferation and disarmament treaties, negotiations, deliberations,
and expert studies. The principal UN organs that deal with international peace and security,
arms control, disarmament,and nonproliferation are the UN Security Council(UNSC), the
General Assembly (primarily the First Committee), and the UN Office for Disarmament
Affairs (UNODA)

DISARMAMENT IN THE SECURITY COUNCIL

"..the establishment of international peace and security with the least diversion for armaments
of the world's human and economic resources.." 
 - Article 26 of the UN Charter

The 1540 Committee

In 2004, the Security Council unanimously adopted Resolution 1540 under Chapter VII of the
United Nations Charter, obliging States to refrain from supporting non-State actors from
developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear,
chemical or biological weapons and their delivery systems 

Small Arms: Report of the Secretary-General

The present report builds on the previous one and brings the Security Council up to date on a

number of topics that require its particular attention. These include trade and brokering,
marking, record-keeping and tracing of weapons, stockpile management, armed violence and
the use and misuse of small arms. Special attention is given to the trade in ammunition,
problems connected with storage and the importance of tracing ammunition found in conflict
settings

Thematic Debate on strengthening collective security through general regulation and

reduction of armaments

On 19 November 2008, the Security Council held an open thematic debate on strengthening
collective security through general regulation and reduction of armaments. 

Summit-level meeting chaired by United States President

On 24 September 2009 the Security Council affirmed its commitment to the goal of a world
free of nuclear weapons and established a broad framework for reducing global nuclear
dangers, in an historic summit-level meeting chaired by United States President Barack
Obama.

DISARMAMENT IN THE GENERAL ASSEMBLY

"...the General Assembly may consider the general principles of cooperation in the
maintenance of international peace and security, including the principles governing
disarmament and regulation of armaments.."
Article 11 of the UN Charter

The Disarmament and International Security Committee" is concerned with disarmament and
related international security questions.

United Nations Disarmament Commission (UNDC)

Created by the General Assembly in 1952, the UNDC has a general mandate to discuss
disarmament questions. It convenes each year for a three week period in April and May.

The General Assembly has held three Special Sessions devoted to Disarmament (SSOD):
SSOD-I in 1978, SSOD-II in 1982 and SSOD-III in 1988. Since 1995, the General Assembly
has been calling for a fourth session on disarmament. It then established Working Groups in
2003 and 2007 to discuss the agenda and the possibility of establishing a preparatory
committee for an SSOD-IV. 

Open-Ended Working Group on an Arms Trade Treaty

Member States decided in 2008 "to establish an open-ended working group, to meet for up to
six one-week sessions starting in 2009".

UN Standing Advisory Committee on Security Questions in Central Africa

On 28 May 1992, the Secretary-General established the United Nations Standing Advisory
Committee on Security Questions in Central Africa

Some of the most notable decisions related to disarmament, nonproliferation, and arms
control include the endorsement of the

Treaty on the Nonproliferation of Nuclear Weapons (NPT) in 1968 which banned the spread
of nuclear weapons from nuclear to nonnuclear powers; enjoined signatory nonnuclear
powers, in exchange for technical assistance in developing nuclear power for “peaceful
purposes,” not to develop or deploy nuclear weapons; and committed the nuclear powers to
engage in measures of disarmament.

The Biological and Toxin Weapons Convention (BTWC) in 1972

The Chemical Weapons Convention (CWC) in 1992 which prohibited the development,
production, stockpiling, and use of chemical weapons and called for the destruction of
existing stockpiles within 10 years, was opened for signature and the Comprehensive Test
Ban Treaty (CTBT) in 1996. which prohibited the testing of nuclear weapons, was signed—
though it has not yet entered into force—and two years later a treaty banning the production
and export of antipersonnel land mines (Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction) was
concluded. Despite international pressure, the United States refused to sign both the test ban
and the land mine agreements.

VARIOUS OTHER DISARMAMENT MACHINERY

 (CTBTO )Comprehensive Test Ban Treaty Organization: - Standing Secretariat for

CTBT,it is also the home for International Monitoring System. Although CTBT is yet
to enter into force. CTBT Article XIV Conferences: - CTBTO hosts a conference
every 2 years focusing on Treaty to come into the force.
 Biennial Meeting of States on Small Arms(BMS): - Every two years, states meet to
consider the implementation of the Programme of Action to Prevent, Combat, and
Eradicate the Illicit Trade in Small Arms and Light Weapons In All Its Aspects. The
most recent BMS was held 14-18 July in 2008.
 International Court Of Justice: - The ICJ has a dual role as to settle in accordance
with international law the legal disputes submitted to it by States, and to give
advisory opinions on legal questions referred to it by duly authorized international
organs and agencies.
 In its 1996 advisory opinion on nuclear weapons, the ICJ affirmed that under
humanitarian law governing the conduct of warfare, states “must never use weapons
that are incapable of distinguishing between civilian and military targets.” The Court
holds the threat or use of nuclear weapons to be generally illegal under humanitarian
and other law.
 MISSILE REGIMES Currently, the two main missile non-proliferation regimes, the
Hague Code of Conduct and the Missile Technology Control Regime, are not legally-
binding. There remains, then, an important role for citizens and non-governmental
organizations to play in promoting and implementing missile control and
disarmament.
  ORGANIZATION FOR PROHIBITION OF CHEMICAL WEAPONS The OPCW is
a watchdog agency that monitors and assists with the implementation of the Chemical
Weapons Convention. UNSC Summit Sep.2009 chaired by President Obama.

VARIOUS TREATIES UNDER THE DISARMAMENT INITIATIVE

 Antarctic Treaty: - In 1959, to keep the continent of Antarctica completely

demilitarized. And this is a most significant accomplishment.
 PTBT (Partial Test Ban Treaty): - In 1963 banned nuclear weapon tests in
atmosphere, outer space and under the water. III. Treaty of Tlateloco: - In 1967,
which prohibited presence of any kind of nuclear weapon in Latin America and the
Caribbean.
 The Sea Bed Treaty: - In 1969 prohibits any kind of nuclear or weapon of mass
destruction placement on the seabed and the ocean floor and in the sub soil.
 PNET(Peaceful Nuclear Explosions Treaty): - Signed in 1976. Restricted nuclear
explosions only for the peaceful purposes.
 The Moon Agreement: - In 1979 prohibits the use of force on the moon, planting of
any weapons on it or in the orbit around it and any kind of militarization of it or of
other celestial bodies. VII. TTBT (Threshold Test Ban Treaty): - Put restrictions on
any kind of tests under ground, which were uncovered in PTBT.
 Treaty of Rarotonga: - In 1985, prohibiting the acquisition or the manufacture by any
means of nuclear explosive device, as well as possession of such device by parties
inside or outside its zone. It also bans dumping of the radioactive matter at the sea
and also prohibits possession of the nuclear explosive devices for the peaceful
purposes.
 INF (Intermediate Range and Shorter Range Missiles): - Signed in 1987 between US
& USSR eliminating two parties ground launched Ballistic and Cruise Missiles with
the range between 500 and 5,500 kms. More than 2,500 missiles with the nuclear
warheads were destroyed in 3 years time.
 START-I (Strategic Nuclear Arsenal Reduction Treaty): - 1991. Under this US &
USSR had to limit Strategic Offensive Arms within the time span of 7 years in 3
phases had to reduce their respective nuclear arsenals.
 START-II: - In 1993 kept the condition of 3,000 to 3,500 nuclear warheads for US
and RUSSIA (successor of USSR) by year 2003.
 DISARMAMENT AND ARMED FORCE
DIFFERENCE BETWEEN THE DISARMAMENT AND THE ARMS
CONTROL
Disarmament is the reduction of the number of weapons and troops maintained by a
state. It always implies the decrease of the weapons or even abolishing certain
categories of weapons. Whereas Arms control refers to treaties made between
potential adversaries that reduce the likelihood and scope of war, usually imposing
limitations on military capability.
14. Although disarmament always involves the reduction of military forces or
weapons, arms control does not. In fact, arms control agreements sometimes allow
for the increase of weapons by one or more parties to a treaty.

FEW INITIATIVES FOR ARMS CONTROL

1. The Positive Security Assurance: - Under Res.255 (1968) in UNGA treaty assured
protection of Non-nuclear state in case of nuclear attack by other state by P-5.

2. The Zangger Committee: - 1971, Ensure that an importer places the safeguards on the
specified materials that relates to the manufacturing of the nuclear power or the nuclear
installations. Committee informs IAEA of its actions.

3. NSG (Nuclear Suppliers Group): - IN 1975, to protect the nuclear material and technology
from being diverted from peaceful purposes. 4. MTCR (Missile Technology Control
Regime): - IN 1987, to prevent and confront the means to deliver such weapons.