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              Congressional
           SResear h Servic





The Nuclear Ban Treaty: An Overview



Updated January 25, 2021
Since the founding of the United Nations in 1945, the UN General Assembly (UN GA) has called for the
elimination of nuclear weapons. UNGAResolution A/71/258 (2016) called on UN member states to
negotiate in 2017 a legally binding Treaty on the Prohibition of Nuclear Weapons (TPNW), also known as
the nuclear ban treaty. Negotiations ended on July 7, 2017, when 122 countries voted to approve the
treaty. Singapore abstained, and the Netherlands voted against it, citing conflicts between the treaty and
its commitments as a member of NATO. The United States and 40 other states did not participate in
negotiations. To date, 84 countries have signed and 50 countries have ratified the treaty. In accordance
with Article 15, the TPNW entered into force 90 days following the 50th ratification on January 22, 2021.
Civil society groups advocated for a nuclear ban, and in 2017, the Nobel Peace Prize was awarded to the
nongovernmental International Campaign to Abolish Nuclear Weapons (ICAN) for its advocacy role.
Article 1 of the TPNW says that adherents would never develop, produce, manufacture, otherwise
acquire, possess or stockpile nuclear weapons or other nuclear explosive devices. This includes a
prohibition on hosting nuclear weapons that are owned or controlled by another state. Nor would states
parties transfer, receive control over, or assist others in developing nuclear weapons. They also would not
use or threaten to use nuclear weapons or other nuclear explosive devices. Article 7 requires states to give
assistance to individuals affected by the use or testing of nuclear weapons and provide for environmental
remediation.
Article 2 requires a declaration stating whether or not the member state had possessed nuclear weapons in
the past. In addition, Article 4 requires states with nuclear weapons to submit within 60 days a time-
bound plan for the verified and irreversible destruction of that State Party's nuclear-weapon program, to
be verified by the International Atomic Energy Agency (IAEA). Some argue that would-be treaty
members  should devise disarmament details after joining the treaty, because establishing a norm against
nuclear weapons possession and use is the highest priority. Other observers say it is appropriate that the
treaty does not delineate disarmament steps, as none of those states affected are participating in the
negotiations, and it would be more effective for each state be able to determine its own timeline.
Some  critics are concerned that the new treaty would undermine the NPT 's verification system of IAEA
safeguards. The near-universal NPT, signed in 1968 and entered into force in 1970, commits the five
officially recognized nuclear weapons states (United States, United Kingdom, Russia, France, and China)
to disarmament but is not an outright ban on possession. Nonnuclear weapon NPT states foreswear
nuclear weapons and place nuclear materials and facilities under international safeguards.
The NPT  nuclear weapon states, also the five permanent members of the UN Security Council, as well as
the NATO  countries, oppose the TPNW The United States, UK, and France UN Permanent
Representatives issued a joint press release stating: Apurported ban on nuclear weapons that does not
address the security concerns that continue to make nuclear deterrence necessary cannot result in the


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