Critics and proponents of the Treaty on the Prohibition of Nuclear Weapons both pay too little attention to its provisions on legal accountability for past and possible future detonations of these weapons. Among other things, the treaty calls on each State Party to “provide technical, material and financial assistance to States Parties affected by nuclear-weapon use or testing” and to “provide assistance for the victims of the use or testing of nuclear weapons or other nuclear explosive devices” [article 7]. Such victims could be non-belligerent nations who had no say or benefit in the decisions of nuclear-possessor states.

The Treaty on the Prohibition of Nuclear Weapons is a gamechanger. It puts all nuclear-armed states in breach of international law, along with any state that includes these weapons in its security doctrines. It coalesces regional nuclear weapon free zones, builds upon other nuclear arms control agreements and in ten simple pages condemns any activity that condones nuclear weapons.

The Treaty on the Prohibition of Nuclear Weapons (TPNW or the Ban Treaty) exposes the contradictory engagements of umbrella states. Many of them are strong supporters of nuclear disarmament while subscribing to alliance policies that underline the importance of nuclear weapons and sustain nuclear modernisation.

On February 14, 2014, as the Second Conference on the Humanitarian Impact of Nuclear Weapons came to an end, conference Chair Juan Manuel Gomez Robledo—then deputy Minister of Foreign Affairs of Mexico—captured the sentiment in the room in the powerful last few words of his closing remarks: in global efforts toward the elimination of nuclear weapons, this conference marked a “point of no return.” His optimistic conclusion was met with a roar of applause.

Honduras became the 50th country to ratify the Treaty on the Prohibition of Nuclear Weapons (TPNW) on 24 October 2020. Ninety days from that date, the ban treaty, as it is popularly called, will enter into force. At a time when arms control treaties are falling by the wayside, this should have been a heartening move. However, despite the landmark event, TPNW is unlikely to achieve its goal of ushering in a nuclear weapons free world (NWFW). While it valiantly outlaws the development, testing, production, manufacture, acquisition, transfer, possession, stockpiling and use or threat of use of nuclear weapons, it presently bans the bomb for those who do not have it!

For many of the Alliance’s members, the last few years have been difficult ones with respect to nuclear policy. The source of the dilemma has been the advent of the Treaty on the Prohibition of Nuclear Weapons (TPNW) which has presented NATO members with something of a Hobson’s choice. The treaty, which was adopted in July 2017, will enter into force on January 22, 2021 (after reaching its entry into force threshold of 50 ratifications on October 24th). For the first time in global nuclear governance, the TPNW outlaws the possession of nuclear weapons in addition to prohibiting their use or threat of use. It also specifically bans the hosting of any nuclear weapons or related infrastructure on the territory of a state party or the rendering of any “assistance” in contravention of the treaty.