Nuclear-weapon-free Zones

Nuclear-weapon-free Zones in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On May 2, 2011, President Obama transmitted to the Senate, for its advice and consent to ratification, Protocols 1, 2, and 3 to the South Pacific Nuclear Free Zone Treaty and Protocols I and II to the African Nuclear-Weapon-Free Zone Treaty. S. Treaty Doc. 112-2 and S. Treaty Doc. 112-3. A May 2, 2011 White House Statement, available at (internet link) whitehouse.gov/the-press-office/2011/05/02/statement-nuclear-free-zones-asia-and-africa, provided a brief explanation of the rationale for ratification:

Regional nuclear weapon free zone agreements reinforce both the commitment of nations not to pursue nuclear weapons and the nearly 65-year record of their non-use. The protocols to the treaties, once ratified, will extend the policy of the United States not to use or threaten use of nuclear weapons against regional zone parties that are members of the Nuclear Non-Proliferation Treaty and in good standing with their non-proliferation obligations.

President Obama's letters of transmittal for both treaties included the statement that entry into force of the protocols for the United States “would require no changes in U.S. law, policy, or practice.” The transmittal of the South Pacific Nuclear Free Zone Treaty included an overview of the Protocols:

The three Protocols that accompany the Treaty were opened for signature on August 8, 1986. Protocol 1 is open for signature by the United States, France, and the United Kingdom. Each Party to Protocol 1 undertakes to apply certain prohibitions under the Treaty to the territories for which it is internationally responsible situated within the zone. Ratification of Protocol 1 by the United States would prohibit the manufacture, stationing, or testing of nuclear explosive devices in American Samoa or on Jarvis Island (a small, uninhabited island located about 1,500 miles south of Hawaii). The United States, France, and the United Kingdom signed Protocol 1 on March 25, 1996. Protocol 1 is in force for France and the United Kingdom.

Protocols 2 and 3 are open for signature by the United States, China, France, Russia and the United Kingdom—the nuclear-weapons States as defined by the … NPT. Each Party to Protocol 2 undertakes not to use or threaten to use any nuclear explosive device against Parties to the Treaty or against any territory within the zone for which a State Party to Protocol 1 is internationally responsible. In addition, Protocol 2 Parties are prohibited from contributing to any act of a Treaty Party which would constitute a violation of the Treaty or to any act of another Protocol Party that would constitute a violation of a Protocol. The United States signed Protocol 2 on March 25, 1996, and it is in force for China, France, Russia, and the United Kingdom.

Each Party to Protocol 3 undertakes not to test any nuclear explosive device anywhere within the zone. The United States signed Protocol 3 on March 25, 1996, and it is in force for China, France, Russia, and the United Kingdom.

Developments

The transmittal to the Senate for advice and consent to ratification of Protocols I and II to the African Nuclear-Weapon-Free Zone Treaty similarly included an overview of the Protocols:

The Treaty has three Protocols. Under Protocol I, which is open for signature by the United States, China, France, Russia, and the United Kingdom, the Protocol Parties undertake not to use or threaten to use a nuclear explosive device against any Party to the Treaty or against territories within the zone of Parties to Protocol III. Protocol I Parties also undertake not to contribute to a violation of the Treaty or Protocol I. Under Protocol II, which is open for signature by the United States, China, France, Russia, and the United Kingdom, the Protocol Parties undertake not to test or assist or encourage the testing of any nuclear explosive device anywhere within the zone or to contribute to any violation of the Treaty or Protocol II. … Protocol III …is open for signature only by France and Spain…

President Obama also announced at the East Asia Summit (“EAS”) in Bali, Indonesia in November 2011 that the United States and the other nuclear-weapons States under the NPT had reached an agreement with the Association of Southeast Asian Nations (“ASEAN”) to allow them to accede to the Southeast Asia Nuclear Weapons Free Zone Treaty protocol. A November 19, 2011 White House fact sheet, available at (internet link) whitehouse.gov/the-press-office/2011/11/19/fact-sheet-east-asia-summit, stated:

…President Obama and other EAS leaders welcomed the successful conclusion of a 40-year long negotiation between ASEAN and the Nuclear Weapons States to enable the latter's accession to the Southeast Asia Nuclear Weapons Free Zone Treaty (SEANWFZ) protocol. All sides have agreed to take the necessary steps to enable the signing of the protocol and its entry into force at the earliest opportunity.