Treaty On The Prohibition Of Nuclear Weapons Tpnw

The Treaty on the Prohibition of Nuclear Weapons (TPNW) entered into force on January 22, 2021, marking a significant milestone in the global effort to abolish nuclear weapons. Adopted in 2017, the treaty is the result of advocacy by the International Campaign to Abolish Nuclear Weapons (ICAN), a coalition of NGOs recognized with the 2017 Nobel Peace Prize for their efforts. The TPNW gained the necessary 50 ratifications when Honduras signed it in October 2020, triggering its entry into force. Currently, 86 member states have signed the treaty, with 51 having ratified it. However, major nuclear-weapon states, including the US, Russia, China, Britain, France, India, Pakistan, North Korea, and Israel, along with the NATO alliance, have not supported the TPNW.

India maintains that the TPNW does not contribute to customary international law or establish new norms, and instead advocates for negotiations on a comprehensive Nuclear Weapons Convention at the Conference on Disarmament, a multilateral forum that operates on the principle of consensus. As the TPNW is now in force, its provisions are legally binding for those states that have ratified it, prohibiting a wide range of activities related to nuclear weapons. These include the development, testing, production, manufacture, acquisition, possession, stockpiling, transfer, use, or threat of use of nuclear weapons. The treaty also prohibits assisting or encouraging any of these prohibited activities and allowing the stationing, installation, or deployment of nuclear weapons on their territory. In contrast to the Nuclear Non-Proliferation Treaty (NPT), the TPNW outright prohibits nuclear weapons for all States Parties, regardless of their current nuclear status, while the NPT primarily focuses on preventing non-nuclear-weapon states from acquiring nuclear weapons. India has civil nuclear cooperation agreements with 14 countries. The U.S.-India Civil Nuclear Agreement (Indo-US nuclear deal or the 123 Agreement) was signed in 2008, where India agreed to separate its civilian and military nuclear activities and open the civilian part to IAEA inspection.

The Treaty on the Prohibition of Nuclear Weapons (TPNW) and India's Nuclear Policy

The entry into force of the Treaty on the Prohibition of Nuclear Weapons (TPNW) on January 22, 2021, represented a landmark moment in the decades-long pursuit of global nuclear disarmament. This development, while celebrated by many, also served to highlight the deep divisions within the international community regarding the most effective path towards a world free of nuclear weapons. India, a nuclear-weapon state, has remained steadfast in its opposition to the TPNW, underscoring its unique strategic considerations and its preferred approach to nuclear disarmament.

The TPNW, often referred to as the "nuclear ban treaty," is the culmination of years of advocacy by civil society organizations, particularly the International Campaign to Abolish Nuclear Weapons (ICAN). ICAN, a coalition of non-governmental organizations (NGOs) spanning approximately 100 countries, was awarded the Nobel Peace Prize in 2017 for its tireless efforts to bring about a legally binding instrument prohibiting nuclear weapons. The treaty's core premise is the illegitimacy and unacceptable humanitarian consequences of nuclear weapons, advocating for their complete elimination.

The treaty's prohibitions are comprehensive, extending beyond the mere use of nuclear weapons. States party to the TPNW are forbidden from developing, testing, producing, manufacturing, acquiring, possessing, or stockpiling nuclear weapons or other nuclear explosive devices. Furthermore, the treaty prohibits the transfer of such weapons or control over them, receiving such transfers or control, using or threatening to use nuclear weapons, assisting or encouraging prohibited activities, and allowing the stationing, installation, or deployment of nuclear weapons on their territory. The treaty also places an obligation on states parties to promote its universal adherence and to provide assistance to victims of nuclear weapon use and testing.

The TPNW's entry into force was triggered by the 50th ratification, achieved when Honduras formally joined the treaty in October 2020. As of the present, a significant number of states, 86, have signed the treaty, demonstrating a broad base of support for its objectives. However, the treaty's impact is limited by the fact that none of the nuclear-weapon states, including the United States, Russia, China, the United Kingdom, France, India, Pakistan, North Korea, and Israel, have endorsed it. The NATO alliance, which relies on nuclear deterrence as a key component of its security strategy, has also collectively rejected the TPNW.

India's opposition to the TPNW is rooted in its long-standing nuclear policy and its assessment of the prevailing security environment. New Delhi has consistently maintained that the TPNW does not adequately address its security concerns and that it does not contribute to the development of customary international law or establish new norms regarding nuclear weapons. Instead, India advocates for a comprehensive Nuclear Weapons Convention (NWC) negotiated within the framework of the Conference on Disarmament (CD), a multilateral forum based in Geneva.

India's Stance on Nuclear Disarmament

India's approach to nuclear disarmament is multifaceted, reflecting its unique historical experiences, strategic imperatives, and commitment to a world free of nuclear weapons. While India is not a supporter of the TPNW, it has a long and consistent record of advocating for nuclear disarmament at the global level. This commitment is enshrined in its doctrine of "credible minimum deterrence," which aims to maintain a nuclear arsenal sufficient to deter potential adversaries while simultaneously pursuing the eventual elimination of nuclear weapons.

India's advocacy for nuclear disarmament dates back to the early years of the Cold War, when it emerged as a leading voice in the Non-Aligned Movement (NAM). Jawaharlal Nehru, India's first Prime Minister, was a staunch advocate for disarmament and peaceful coexistence, viewing nuclear weapons as a grave threat to humanity. India consistently called for a comprehensive test ban treaty and a convention on the complete elimination of nuclear weapons.

However, India's approach to nuclear disarmament has been shaped by its security environment, particularly the nuclear capabilities of its neighbors, China and Pakistan. China's nuclear test in 1964 and its subsequent development of a sophisticated nuclear arsenal led to growing concerns in India about its own security. The Sino-Indian War of 1962 further heightened these concerns.

In 1974, India conducted its first nuclear test, code-named "Smiling Buddha," which it described as a "peaceful nuclear explosion." While India maintained that it had no intention of developing nuclear weapons, the test raised concerns in the international community about nuclear proliferation. In 1998, India conducted a series of further nuclear tests, declaring itself a nuclear-weapon state. These tests were conducted in response to Pakistan's nuclear tests, which followed shortly thereafter.

Following the 1998 tests, India adopted a policy of "no first use" (NFU) of nuclear weapons, committing itself to using nuclear weapons only in retaliation against a nuclear attack. India has also maintained a moratorium on nuclear testing and has expressed its willingness to negotiate a Fissile Material Cut-off Treaty (FMCT) at the Conference on Disarmament.

India's opposition to the TPNW must be understood within this context. India believes that the TPNW is not a viable path to nuclear disarmament because it does not include the participation of the nuclear-weapon states. India argues that any effective disarmament regime must be universal and verifiable, and that it must address the security concerns of all states. India also believes that the TPNW undermines the existing nuclear disarmament architecture, particularly the Nuclear Non-Proliferation Treaty (NPT).

The Nuclear Non-Proliferation Treaty (NPT)

The Nuclear Non-Proliferation Treaty (NPT), which entered into force in 1970, is a landmark international treaty aimed at preventing the spread of nuclear weapons and promoting disarmament. The NPT has three main pillars: non-proliferation, disarmament, and peaceful uses of nuclear energy.

Under the non-proliferation pillar, non-nuclear-weapon states that are party to the treaty agree not to acquire nuclear weapons. Nuclear-weapon states that are party to the treaty agree not to transfer nuclear weapons to non-nuclear-weapon states or to assist them in acquiring nuclear weapons.

Under the disarmament pillar, nuclear-weapon states that are party to the treaty commit to pursue negotiations in good faith on effective measures relating to nuclear disarmament.

Under the peaceful uses of nuclear energy pillar, all states that are party to the treaty have the right to develop and use nuclear energy for peaceful purposes.

India has not signed the NPT, viewing it as discriminatory because it allows the five states that had nuclear weapons at the time the treaty was negotiated (the United States, Russia, China, the United Kingdom, and France) to retain their nuclear arsenals while prohibiting all other states from acquiring them. India argues that the NPT has not been effective in preventing nuclear proliferation, pointing to the fact that several states, including Pakistan, North Korea, and Israel, have developed nuclear weapons outside of the NPT framework.

The Conference on Disarmament (CD)

India's preferred forum for negotiating nuclear disarmament is the Conference on Disarmament (CD), a multilateral forum based in Geneva. The CD is the only multilateral disarmament negotiating forum of the international community. It was established in 1979 as the single multilateral disarmament negotiating forum.

The CD operates on the principle of consensus, meaning that any decision, including the commencement of negotiations on a particular issue, must be agreed to by all members. This consensus rule has often been cited as a major obstacle to progress in the CD, as any single member can block negotiations.

India has been an active participant in the CD for many years, advocating for the negotiation of a comprehensive Nuclear Weapons Convention (NWC). The NWC would be a legally binding treaty that would prohibit the development, production, stockpiling, transfer, and use of nuclear weapons, and would provide for their complete elimination within a specified timeframe.

However, the CD has been deadlocked for many years, unable to agree on a program of work that would allow negotiations on the NWC to begin. Several factors have contributed to this deadlock, including disagreements among the major powers over the scope and timing of nuclear disarmament, as well as concerns about verification and compliance.

India's Credible Minimum Deterrence

India's nuclear doctrine is based on the concept of "credible minimum deterrence." This doctrine holds that India needs to maintain a nuclear arsenal that is sufficient to deter potential adversaries from using nuclear weapons against it. India's nuclear arsenal is intended to serve as a deterrent, not as a means of aggression.

India's NFU policy is a key component of its credible minimum deterrence doctrine. By committing itself to using nuclear weapons only in retaliation against a nuclear attack, India aims to reduce the risk of nuclear war and to promote stability in the region.

India's nuclear doctrine also emphasizes the importance of maintaining a robust command and control system to ensure the safety and security of its nuclear weapons. India has invested heavily in developing a sophisticated command and control system that is designed to prevent unauthorized use of nuclear weapons.

Civil Nuclear Cooperation Agreements

Despite not being a party to the NPT, India has been able to enter into civil nuclear cooperation agreements with a number of countries, including the United States, Russia, France, the United Kingdom, Canada, Australia, and Japan. These agreements allow India to access nuclear technology and fuel for its civilian nuclear energy program.

The U.S.-India Civil Nuclear Agreement, signed in 2008, was a landmark agreement that marked a significant shift in U.S. policy towards India. Under the agreement, the United States agreed to provide India with nuclear technology and fuel for its civilian nuclear energy program, despite India's non-NPT status. In return, India agreed to separate its civilian and military nuclear facilities and to place its civilian nuclear facilities under International Atomic Energy Agency (IAEA) safeguards.

The U.S.-India Civil Nuclear Agreement was controversial at the time, with some critics arguing that it would undermine the NPT and encourage nuclear proliferation. However, the agreement was also seen as a way to bring India into the international nuclear mainstream and to promote closer cooperation between the two countries.

France was the first country to sign a civilian nuclear agreement with India in 2008 after a waiver from the Nuclear Suppliers Group (NSG), which allowed India to participate in ITER. Russia has been a key nuclear fuel supplier, and in 2008, India and Russia agreed to construct four additional units at Kudankulam and develop new sites. The India-Japan Agreement for Cooperation in the Peaceful Uses of Nuclear Energy was signed in November 2016 and entered into force in July 2017, including a 'Nullification clause' allowing Japan to suspend cooperation if India breaches its no-testing pledge to the NSG. This was a breakthrough for India, making it the first non-NPT signatory to enter into a civil nuclear cooperation pact with Japan. India also has civil nuclear agreements for uranium supply with countries like Australia, Canada, and Mongolia.

The Nuclear Suppliers Group (NSG)

The Nuclear Suppliers Group (NSG) is a group of countries that control the export of nuclear materials and technology. The NSG was established in 1975 in response to India's 1974 nuclear test. The NSG aims to prevent nuclear proliferation by ensuring that nuclear materials and technology are not diverted for military purposes.

India is not a member of the NSG, but it has been seeking membership for many years. India argues that it has a strong track record of responsible nuclear behavior and that its membership in the NSG would strengthen the non-proliferation regime.

However, India's membership in the NSG has been blocked by China, which has insisted that all non-NPT states must sign the NPT before being admitted to the NSG. China's opposition to India's NSG membership is seen as part of its broader strategy to contain India's rise as a major power.

Global Centre for Nuclear Energy Partnership (GCNEP)

India has established the Global Centre for Nuclear Energy Partnership (GCNEP) in Haryana to promote international cooperation in nuclear energy. GCNEP is a research and development center that focuses on nuclear reactor technology, nuclear safety, nuclear security, and nuclear waste management.

GCNEP has five schools: School of Advanced Nuclear Energy System Studies (SANESS), School of Nuclear Security Studies (SNSS), School on Radiological Safety Studies (SRSS), School of Nuclear Material Characterization Studies (SNMCS), and School for Studies on Applications of Radioisotopes and Radiation Technologies (SARRT).

GCNEP is intended to serve as a platform for international experts to discuss and collaborate on nuclear energy issues. India hopes that GCNEP will help to promote the peaceful uses of nuclear energy and to strengthen the international non-proliferation regime.

Differing Perspectives on Nuclear Disarmament

The debate over nuclear disarmament is complex and multifaceted, with a wide range of perspectives and approaches. Some argue that nuclear weapons are inherently immoral and that they should be eliminated completely. Others argue that nuclear weapons are necessary for deterrence and that they have helped to prevent major wars.

The TPNW represents one approach to nuclear disarmament, which emphasizes the illegitimacy and unacceptable humanitarian consequences of nuclear weapons. This approach seeks to stigmatize nuclear weapons and to delegitimize their possession.

India's approach to nuclear disarmament is more pragmatic, emphasizing the importance of maintaining a credible deterrent while simultaneously pursuing the eventual elimination of nuclear weapons through negotiations in the Conference on Disarmament. This approach recognizes the security concerns of all states and seeks to address them through a comprehensive and verifiable disarmament regime.

The United States and other nuclear-weapon states have generally opposed the TPNW, arguing that it is unrealistic and that it undermines the existing nuclear disarmament architecture. These states argue that nuclear weapons are necessary for deterrence and that they have helped to maintain peace and stability.

The debate over nuclear disarmament is likely to continue for many years to come. There is no easy solution to this complex problem, and it will require a sustained effort by all states to find a way to achieve a world free of nuclear weapons.

Implications for India's Foreign Policy

India's opposition to the TPNW has a number of implications for its foreign policy. It highlights the differences between India and some other countries, particularly those that strongly support the TPNW, on the issue of nuclear disarmament. This could potentially strain relations between India and these countries.

However, India's opposition to the TPNW is also consistent with its long-standing nuclear policy and its commitment to maintaining a credible deterrent. India's foreign policy is guided by its national interests, and it believes that maintaining a nuclear arsenal is necessary for its security.

India is likely to continue to pursue its own independent nuclear policy, focusing on maintaining a credible deterrent and advocating for nuclear disarmament through negotiations in the Conference on Disarmament. India will also continue to engage with other countries on nuclear issues, seeking to promote dialogue and cooperation.

The TPNW presents both challenges and opportunities for India. The challenge is to manage the potential strains in relations with countries that support the TPNW. The opportunity is to continue to advocate for its own approach to nuclear disarmament and to promote dialogue and cooperation on nuclear issues.

The Future of Nuclear Disarmament

The future of nuclear disarmament is uncertain. The TPNW has created a new dynamic in the debate over nuclear weapons, but it is not clear whether it will lead to significant progress in disarmament.

The nuclear-weapon states are unlikely to join the TPNW in the near future. However, the treaty could put pressure on these states to engage in further arms control negotiations and to reduce their nuclear arsenals.

The Conference on Disarmament remains the most important forum for negotiating nuclear disarmament. However, the CD has been deadlocked for many years, and it is not clear whether it will be able to overcome its obstacles and begin negotiations on a comprehensive Nuclear Weapons Convention.

The pursuit of nuclear disarmament is a long and complex process. It will require a sustained effort by all states to find a way to achieve a world free of nuclear weapons. India has a key role to play in this process, and it is likely to continue to advocate for its own approach to nuclear disarmament and to promote dialogue and cooperation on nuclear issues.

The coming into force of the TPNW, while not supported by India, underscores the continuing global focus on the elimination of nuclear weapons and the humanitarian consequences of their use. India's commitment to credible minimum deterrence, coupled with its engagement in multilateral forums such as the Conference on Disarmament, reflects its nuanced approach to nuclear disarmament in a complex and evolving global security landscape.

The treaty, while legally binding on its state parties, operates in parallel with the NPT, creating a dual framework for addressing nuclear disarmament and non-proliferation. This situation presents both opportunities and challenges for the international community. The opportunity lies in the potential for the TPNW to galvanize further action on nuclear disarmament and to put pressure on nuclear-weapon states to reduce their arsenals. The challenge lies in the risk of further division and fragmentation of the international non-proliferation regime.

Ultimately, the success of nuclear disarmament efforts will depend on the willingness of all states, including the nuclear-weapon states, to engage in meaningful dialogue and to take concrete steps towards reducing and eventually eliminating nuclear weapons. India, with its long-standing commitment to nuclear disarmament and its unique strategic perspective, has a vital role to play in this endeavor.

The Role of the IAEA

The International Atomic Energy Agency (IAEA) plays a crucial role in the international nuclear landscape. While the TPNW introduces a new legal framework, the IAEA continues to be the primary international body responsible for verifying the peaceful use of nuclear energy and preventing the diversion of nuclear materials for military purposes. The IAEA's safeguards system is a key component of the NPT and is also applied to India's civilian nuclear facilities under the U.S.-India Civil Nuclear Agreement.

The IAEA's role is particularly important in the context of the TPNW because the treaty does not establish its own verification mechanism. Instead, it relies on existing international mechanisms, such as the IAEA safeguards system, to verify compliance. This means that the IAEA's work is essential for ensuring that states party to the TPNW are not developing or acquiring nuclear weapons in violation of the treaty.

Challenges and Opportunities for India

India's nuclear policy faces several challenges in the current international environment. One challenge is the increasing complexity of the global security landscape, with rising tensions between major powers and the emergence of new nuclear threats. This makes it more difficult for India to maintain a credible deterrent and to ensure its own security.

Another challenge is the growing pressure from the international community to reduce nuclear arsenals and to move towards nuclear disarmament. While India supports the eventual elimination of nuclear weapons, it believes that this must be achieved through a gradual and verifiable process that takes into account the security concerns of all states.

Despite these challenges, India also has several opportunities to play a leading role in promoting nuclear disarmament and non-proliferation. One opportunity is to continue to engage with other countries on nuclear issues, seeking to promote dialogue and cooperation. Another opportunity is to strengthen its own nuclear security and safety measures, setting an example for other countries to follow.

India can also play a constructive role in the Conference on Disarmament, working with other states to overcome the current deadlock and to begin negotiations on a comprehensive Nuclear Weapons Convention. By taking a proactive and responsible approach to nuclear issues, India can contribute to a more secure and peaceful world.

The future of nuclear disarmament is uncertain, but India has the potential to play a significant role in shaping that future. By maintaining a credible deterrent, engaging in dialogue and cooperation, and promoting responsible nuclear behavior, India can help to create a world in which nuclear weapons are no longer a threat to humanity.