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Summary

International Relations Class 19

## COMPREHENSIVE TEST BAN TREATY (CTBT) (5:10 PM):

- The treaty comprehensively bans nuclear tests for both civilian and defence purposes.
- The treaty is a successor to the  **Partial Test Ban Treaty (PTBT) of 1963** which was pioneered by India.
- PTBT banned nuclear tests in atmosphere, space, and water.
- Due to PTBT, Indian and other nuclear tests of other countries went underground.
- PTBT was negotiated on the **Conference of Disarmament (COD)**which is a 65-member treaty.
- COD is the only global body for negotiating disarmament.
- CTBT draft was adopted and it was opened for signature in 1995.
- CTBT has been signed by 184 countries and ratified by 168 countries.
- Despite this, the treaty has not yet entered into force.
- This is because the treaty has a specific  **Entering Into Force (EIF)** clause.
- As per the clause, all the countries that were capable of nuclear technologies when the treaty was negotiated must sign and ratify the treaty.
- There were 44 such countries.
- Out of these 44 countries, 8 have not yet either signed or ratified the treaty.
- India, Pakistan & North Korea never signed the treaty.
- The USA, Israel, China, Iran, and Egypt have signed but never ratified the treaty.

## Importance of CTBT:

- It is one of the largest arms control treaties.
- Unlike NPT, CTBT will check both horizontal and vertical proliferation.
- Even nuclear testing is very harmful to the environment.

## Indian position on CTBT:

- India expressed that it would never sign the treaty.
- The threat does not talk about global disarmament.
- It only bans physical testing and not lab-stimulated testing.
- Even this treaty is discriminatory- divides the world into nuclear haves and have-nots.
- Indis stands for uniform, comprehensive, time-bound, verified, and irreversible global disarmament.
- CTBT violates the **Vienna Convention on the Laws of Treaties.**
- The convention says that every sovereign nation is free to either join or not join any treaty.
- But CTBT has the EIF clause.
- The USA has not ratified CTBT because **Bill Clinton** signed the treaty without taking the US Congress into confidence, and the US Congress refused to ratify it.

## Should India join the treaty?:

- India can join the treaty as it has nothing to lose and something to gain.

## India has nothing to lose because:

- After **Operation Shakti in 1998,** India self-imposed a moratorium against nuclear testing.
- Under the civilian nuclear agreements with the USA and Japan, India has agreed to not conduct any nuclear tests.
- India does not need to go for physical tests and we have the capacity to go for physical nuclear tests.

## INDIA CAN GAIN (5:40 PM):

- Increased stature as a responsible nuclear state.
- It could strengthen India's case for NSG full membership.
- **Technical Gains:**
- Once the treaty comes into force, it will set a **Comprehensive Test Ban Treaty Organization (CTBTO).**
- CTBTO will have an International Monitoring System (IMS) and  International Data Center (IDC) for on-site verification.
- Under IMS, the whole world will be mapped through radars.
- They will study seismic signals, hydro-acoustics, infrasonic sounds, and radionuclide particles.
- It will check if any nuclear test is conducted.
- India will get access to data from IMS and IDC which can be used for civilian purposes and scientific research.
- India signing CTBT will create pressure on other non-signatories to join CTBT.
- It would in turn strengthen the international nuclear arms control regime.
- This is important because India believes that its national interests are best served in a de-nuclearized world.

## Fissile Material Control Treaty (FMCT):

- The proposed treaty aims to check the production of two main components of nuclear weapons- Highly Enriched Uranium (HEU) and Plutonium.
- The negotiations are going on under the **Shannon Mandate.**
- There is a lack of consensus even on the draft of CTBT.
- Two points of contention remain:
- I. Verification regime.
- II. Existing stockpiles of HEU & plutonium.
- The USA believes that a conclusive verification of whether any country has stopped production of HEU & plutonium.
- India insists on the need for such a regime to verify compliance by member states.
- India and the USA are on the same side regarding existing stockpiles- only future production must be stopped.
- Pakistan has taken a different stand- present stock must be destroyed and future production must be stopped.
- Pakistan is concerned regarding the large difference between Indian and Pakistani stockpiles.
- Pakistani stand is only a time-buying strategy to increase its nuclear stockpile at par with India.

## TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS(TNPW) OR NUCLEAR WEAPONS BAN TREATY (6:10 PM)

- The treaty was adopted in 2017 and it entered into force on 1st January 2021.
- The treaty is unique because it is a civil society initiative led by the **International Campaign to Abolish Nuclear Weapons (ICAN).**
- The ICAN is based in Geneva and it is a coalition of more than 500 grassroots NGOs.
- The treaty comprehensively bans testing, storage, transfer, use or even threatening to use nuclear weapons.
- None of the nuclear weapon states and their allies like Japan, South Korea, Saudi Arabia, NATO, etc. have signed the treaty.
- The countries who refused to sign have mainly given procedural reasons- the treaty was discussed in UNGA when it must have been discussed in COD.
- They also believe that the treaty is futile and that not a single nuclear warhead has been destroyed.

## Is the treaty futile?:

- The treaty is not futile.
- It is widely believed that nuclear weapons have not been used due to the threat/deterrence of **Mutually Assured Destruction (MAD).**
- MAD says that a country does not use nuclear weapons as it is feared of getting attacked by nuclear weapons in return.
- But a bigger reason is the public taboo associated with nuclear weapons.
- We saw that the USA chose to engage for decades of war with non-nuclear states-Afghanistan and Vietnam, but still chose not to use nuclear weapons.
- The treaty strengthens the global stigma against nuclear weapons.
- It comprehensively bans the development and use of nuclear weapons.
- It is a civil society-led initiative, signifying that even normal people can cause big change.
- It has compensatory provisions for the victims of nuclear weapons testing and use.
- It is the first international treaty with provisions for environmental remediation from the use of nuclear weapons.

## INDIAN NUCLEAR DOCTRINE (6:30 PM):

- India was a de-facto nuclear state in 1998.
- In 1999, India released a draft nuclear doctrine.
- In 2003, the official nuclear doctrine of India was released.
- The purpose of the nuclear doctrine is to clarify a country's nuclear posture.
- It will explain the purpose of acquiring nuclear weapons and state how the nuclear weapons would be deployed, both during peace and war.
- The provisions of the Indian nuclear doctrine are:
- I. Building and maintaining a Credible Minimum Deterrence (CMD).
- II. No first use.
- III. Non-use of nuclear weapons against non-nuclear weapons states.
- IV. The Indian response to a nuclear strike will be massive and will be designed to inflict maximum damage.
- V. Such attacks can be authorized by civilian authority through the **Nuclear Command Authority (NCA).**
- VI. The Continued commitment to the goal of a nuclear-weapon-free world through global nuclear disarmament.
- NCA comprises a Political Council and an Executive Council.
- The Political Council is chaired by the PM.
- It is the sole body that can authorize a nuclear attack.
- The Executive Council is chaired by the National Security Advisor (NSA).
- It provides inputs for decision-making by the political council and executes the directives given to it by the political council.
- In the event of biological or chemical weapons attack on India or Indian forces anywhere, India may retaliate with nuclear weapons.

## UNITED NATIONS ORGANIZATION (7:00 PM):

- It was founded on 24th October 1945 after the **San Fransisco Conference.**
- It had 51 founding members.

## Aims of the UNO:

- **I. Peace & Security:**
- Its Charter reads that its aim is to save the 'successive generations from the scourge of war'.
- To promote friendly relations between countries.
- **II. Protect Human Rights.**
- **III. Promote Development.**

## Organs of the UNO:

- United Nations General Assembly (UNGA).
- United Nations Security Council (UNSC).
- International Court of Justice (ICJ).
- United Nations Economic and Social Council (UN ECOSOC).
- United Nations Trusteeship Council(UNTC).
- United Nations Secretariat.

## UNGA:

- It can be considered similar to the Indian parliament.
- It is a forum for representation, deliberation & policy-making.
- Except the International Court of Justice, all the rest five bodies are headquartered in New York.
- It meets for annual sessions.
- All UN members are a part of the UNGA.

## UNSC:

- It is referred to as the nucleus of the UN.
- It is the only UN body with 'teeth to bite' in the sense that it can bite legally binding resolutions.
- Its aim is to ensure world peace and security- the primary role of the UN.
- It has 5 permanent (the USA, the UK, France, Russia & China) and 10 non-permanent members.
- The permanent members have veto power.
- The non-permanent members get elected every two years as per geographical representation.
- Before 1965, there were only 6 non-permanent members.
- In 1965, the UN Charter was amended under the Article 108 of the UN Charter.
- An amendment to the UN Charter will need the accent of 2/3rd members.
- 5/10 non-permanent members retire every year.
- A retiring member cannot immediately seek re-election.

## Double Veto:

- **First Veto:**
- Whenever an issue comes to the UNSC for voting, it gets distinguished as either a **Procedural or Substantive Veto.**
- P5 has no veto powers over procedural vetoes and 9/15 votes are needed.
- P 5 countries have vetoes over substantive issues.
- P 5 countries can also abstain from substantive issues.

## Second Veto:

- P5 will decide if the issue will be classified as procedural or substantive.

## ECOSOC:

- The aim is policy recommendation, discussion, and promoting sustainable development.
- It has 54 member countries which are elected for three years by the UNGA on the basis of geographical representation.
- The president of ECOSOC is elected by the members of ECOSOC amongst themselves for a period of one year.

## UNTC:

- It was established in 1945 with the aim to govern and help the trust territories to attain self-governance.
- Trust territories were 11 small states that were transitioning from being colonies to sovereign nations.
- The mandate of the Trusteeship Council was completed in 1994 when the 11th trust territory **Palau** gained self-rule.
- Since then, UNTC has continued to exist, but without a mandate.

## UN Secretariat:

- It comprises the UN Secretary-General (UNSG) and hundreds of thousands of UN bureaucrats.
- It is the bureaucratic or administrative body of the UN.
- UNSG is the chief executive officer of the UN.
- He is appointed by the UNGA on the recommendation of the UNSC.
- He can serve for any number of terms.
- The present secretary-general is **António Guterres.**
- Before him, there was **Ban Ki Moon**, and **Kofi Annan** was before him.
- The first secretary general was ​**Trygve Lie.**
- The second secretary-general was **Dag Hammarskjöld.**

## INTERNATIONAL COURT OF JUSTICE (ICJ)(7:30 PM):

|  |  |  |
| --- | --- | --- |
| Ground | International Court of Justice (ICJ) | Permanent Court of Arbitration(PCA) |
| Relation with UN | It is an organ of the UN. | It is not an organ of the UN. |
| Origin | - It was formed in 1945. - It is actually a successor of the Permanent Court of International Justice under the League of Nations and has the same charter. | - It is the oldest global body for dispute resolution. - Its stature was signed in 1899 |
| Membership | All 193 UN members are members of the ICJ | It has 122 members with 120 being UN members, along with Kosovo and Palestine |
| Jurisdiction | The jurisdiction involves only member countries. | The jurisdiction involves member countries, international organizations, and private parties as well. |
| Nature of Jurisdiction | Legally binding (disputes involving members) and advisory (international organizations when they approach for legal opinion) | It is an institution for Alternative Dispute Resolution- Mediation, Arbitration, Conciliation, etc. mechanisms are used. |
| Composition | - 15 judges elected for a 9-year term. - They are elected by the UNSC and UNGA simultaneously but separately. - Judges need an absolute majority for an election. - P 5 cannot veto the elections. - The judges can be re-elected after serving 9 years. - ICJ is a permanent body, therefore 1/rd of the judges retire every three years, and 5 new judges are elected. | - It is not a court but a permanent bureaucracy. - It is tripartite in structure: - I. Administrative - Oversees budget and policies. - II. Panel of independent potential arbitrators known as the Members of the Court - III.  Secretariat, known as the International Bureau. |
| Headquarters | Peace Palace in Hague, Netherlands | Peace Palace in Hague, Netherlands |
| Prominent Cases | - Kulbhushan Jadhav Case (binding jurisdiction). - A case on the British Control of the **Chagos Archipelago,**which was once part of Mauritius(got independence from Britain in 1968). Chagos also has the **Diego Garcia**base owned by the USA. | The Philippines v/s China over Chinese territorial aggression in the South China Sea. PCA ruled against China, but China refused to comply. |

- Both ICJ and PCA lack effective enforcement mechanisms for their judgments.

## International Criminal Court (ICC):

- It is also based in Hague, Netherlands, but not in the Peace Palace.
- It is set up under the **Rome Statute** adopted in 1998.
- It entered into force in 2002.
- It is the only permanent international court with the jurisdiction to prosecute individuals (and not nations or private bodies)
- It will try individuals for four specified crimes:
- I. Genocide.
- II. War Crimes.
- III. Crimes against humanity.
- IV. Crimes of aggression.
- ICC is meant to complement the national judicial system.
- It is meant to fight certain powerful individuals and bring them to justice.
- It has 123 members, however important global powers like India, China, the USA, Russia, Pakistan, etc., are not members of the ICC.
- This raises questions about its ability to perform its desired functions.

## The topics for the next class are Indian relations with the ICC and the continuation of the UN.