Introduction: Session on Security and

Non-Proliferation

By Carlton Stoiber, ChairmanAIDN/INLA Working Group

on Nuclear Security

Nuclear Inter Jura CongressBuenos Aires—October 22, 2014

The Current Context• NON-PROLIFERATION HAS BEEN A CENTRAL FEATURE OF

INTERNATIONAL NUCLEAR LAW FOR DECADES (CUBAN MISSILE CRISIS IN 1962; NPT IN 1968)

• IN CONTRAST, NUCLEAR SECURITY WAS REGARDED AS ALMOST EXCLUSIVELY A MATTER OF NATIONAL LEGAL JURISDICTION (EXCEPT FOR CPPNM 1979)

• IN THE PAST DECADE, MAJOR TERRORIST EVENTS HAVE CHANGED THAT PERCEPTION

• NUCLEAR SECURITY IS ONE OF THE MOST RAPIDLY DEVELOPING FIELDS OF INTERNATIONAL NUCLEAR LAW

• THESE DEVELOPMENTS INCLUDE NEW AND REVISED INTERNATIONAL INSTRUMENTS AND GUIDANCE DOCUMENTS AND EXPANDED OR NEW ACTIVITIES OF INTERNATIONAL BODIES

• PROLIFERATION REMAINS A CONCERN (IRAN AND DPRK), INCLUDING SLOW PACE OF DISARMAMENT

PRIMARY INTERNATIONAL INSTRUMENTS RELEVANT FOR NS/NP

• CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL (CPPNM) AND 2005 AMENDMENT

• POST-CHERNOBYL EARLY NOTIFICATION AND ASSISTANCE CONVENTIONS• CONVENTION ON NUCLEAR SAFETY• JOINT CONVENTION ON SPENT FUEL AND NUCLEAR WASTE• NUCLEAR NON-PROLIFERATION TREATY• IAEA SAFEGUARDS INSTRUMENTS (CSA AND ADDITIONAL PROTOCOL)• CONVENTION FOR SUPPRESSION OF TERRORIST BOMBINGS• CONVENTION FOR SUPPRESSION OF TERRORIST FINANCING• CONVENTION FOR SUPPRESSION OF ACTS OF NUCLEAR TERRORISM• UNSCR 1373 (2001) ON TERRORISM• UNSCR 1540 (2004) ON WEAPONS OF MASS DESTRUCTION• UNSCR 1887 (2009) ON NUCLEAR PROLIFERATION AND TERRORISM• PROTOCOL FOR SUPPRESSION OF UNLAWFUL ACTS AGAINST MARITIME

NAVIGATION• 2005 PROTOCOL FOR SUPPRESSION OF UNLAWFUL ACTS AGAINST FIXED

PLATFORMS • NUCLEAR WEAPONS FREE ZONE TREATIES

KEY GUIDANCE DOCUMENTS FOR NS/NP

• INFCIRC/225/REV 5 ON PHYSICAL PROTECTION OF NUCLEAR MATERIAL (Now IAEA NSS No. 13)

• CODE OF CONDUCT ON THE SAFTY AND SECURITY OF RADIOACTIVE SOURCES

• IAEA REGULATIONS ON THE SAFE TRANSPORT OF RADIOACTIVE MATERIAL (TS-R-1)

• LEGAL AND GOVERNMENTAL INFRASTRUCTURE FOR NUCLEAR SAFETY (GS-R-1)

• SAFETY REQUIREMENTS ON PREPAREDNESS AND RESPONSE TO A NUCLEAR OR RADIOLOGICAL EMERGENCY (GS-R-2)

IAEA NUCLEAR SECURITY SERIES (1)

• Objectives and Essential Elements of a State’s Nuclear Security Regime (No. 20) sets out the overall structure for the remaining documents

• Technical and Functional Specifications for Border Monitoring Equipment (No. 1)

• Nuclear Forensic Support (No. 2)• Guidelines for Monitoring Radioactive Materials in Mail (No. 3)• Protection of Nuclear Power Plants against Sabotage (No. 4)• Identification of Radioactive Sources and Devices (No. 5)• Combating the Illicit Trafficking of Nuclear and other Radioactive

Materials (No. 6)• Nuclear Security Culture (No. 7)• Preventive and Protective Measures against Insider Threats (No. 8)• Security in the Transport of Radioactive Material (No.9)• Development, Use and Maintenance of the Design Basis Threat (No. 10)

IAEA NUCLEAR SECURITY SERIES (2)

• Security of Radioactive Sources (No. 11)• Educational Programme in Nuclear Security (No. 12)• Nuclear Security Recommendations on Physical Protection of Nuclear

Material and Nuclear Facilities (No. 13, also INFCIRC 225/Rev. 5)• Nuclear Security Recommendations on Radioactive Material and

Associated Facilities (No. 14)• Nuclear Security Recommendations on Nuclear and Other Radioactive

Material out of Regulatory Control (no. 15)• Identification of Vital Areas at Nuclear Facilities (No. 16)• Computer Security at Nuclear Facilities (No. 17)• Nuclear Security Systems and Measures for Major Public Events No.

18)• Establishing the Nuclear Security Infrastructure for a Nuclear Power

Programme (No. 19)• Nuclear Security Systems and Measures for the Detection of Nuclear

and Other Radioactive Material Out of Regulatory Control (No. 21)

ORGANIZATIONS ACTIVE IN NS/NP

• International Atomic Energy Agency (IAEA)• International Maritime Organization (IMO)• International Civil Aviation Organization (ICAO)• World Customs Organization (WCO)• Universal Postal Union (UPU)• World Health Organization (WHO)• United Nations Office of Drugs and Crime (UNODC)• OECD/ Nuclear Energy Agency• International Police Organization (INTERPOL)• Law Enforcement Organization of the European

Union (EUROPOL)• World Institute for Nuclear Security (WINS)• NPT Exporters (Zangger) Committee• Nuclear Suppliers Group

NS/NP Initiatives

• UNSC Counter Terrorism Committee (Counter Terrorism Executive Directorate—CTED)

• UNSCR 1540 Committee• Global Initiative to Combat Nuclear Terrorism (GICNT)• Proliferation Security Initiative (PSI)• Nuclear Security Summits (2010—Washington; 2012—

Seoul; 2014—the Hague)• National Legislation Implementation Kit on NS

Some Approaches and Issues for Strengthening the Global Regime for NS/NPT

• Achieving EIF of CPPNM Amendment• Improving coordination of relevant organizations and initiatives• Continued development on guidance documents (IAEA NSS)• Development of harmonized national legal and regulatory regimes• Development and implementation of WMD law through the UNSCR 1540 Committee• Movement toward Comprehensive IAEA Safeguards• Resolution of Problem Cases (Iran/DPRK)• Progress on nuclear disarmament

A WMD Regime under UNSCR 1540

• Adopted in 2004, UNSCR 1540 is a decade old• The following provisions of the Resolution were adopted under Chapter VII of the UN Charter and are, therefore, binding on all UN Member States

1.Refrain from WMD support to non-state actors2.Develop effective national laws3.Establish domestic controls to prevent WMD4.Establish 1540 Committee to monitor and support implementation5.Mandatory reporting of violations

UNSCR 1540 (continued)

Non-binding provisions of UNSCR 1540 include:

• Promoting universal adoption of relevant WMD

instruments• Adoption of national rules and regulations•Enhancement of multilateral cooperation• Work with industry and the public• Promote dialogue and cooperation on WMD• Take cooperative measures to prevent illicit

trafficking

Additional Steps for Strengthening WMD Law

1. An integrated academic course on WMD law• Possible venue at UN Headquarters, New York• Faculty representatives from relevant

organizations: IAEA, UNODC, UNODA, OPCW, OECD/NEA

1. An international MWD law manual or handbook• 1540 Committee could convene and coordinate

drafting• Printed in all UN languages and perhaps others

Conclusions

• A HIGH LEVEL OF NUCLEAR SECURITY IS A NECESSARY BASIS FOR CONTINUED USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES

• THE INTERNATIONAL LEGAL FRAMEWORK FOR NUCLEAR SECURITY REFLECTS A GROWING BODY OF BINDING AND NON-BINDING LEGAL INSTRUMENTS

• BROADER ADHERENCE AND HARMONIZATION OF IMPLEMENTATION OF THESE INSTRUMENTS WILL BE CRUCIAL TO THEIR EFFECTIVENESS

• VARIOUS EXISTING AND NEW INTERNATIONAL BODIES ARE GIVING ENHANCED ATTENTION TO NUCLEAR SECURITY

• A FOCUSED AND COORDINATED APPROACH BY ALL STAKEHOLDERS WILL BE NECESSARY TO ACHIEVING AN ACCEPTABLE NUCLEAR SECURITY REGIME WORLDWIDE