The Non-Proliferation Treaty or NPT also commonly known as The Treaty on the Non-Proliferation of Nuclear Weapons, an international treaty with an objective of preventing the proliferation or expansion of nuclear weapons and technology with the aim of promoting cooperation in the peaceful usage of nuclear energy. With a further insight of achieving nuclear disarmament, general and complete disarmament.

The world witnessed the beginning of the nuclear age when the cities of Japan, Hiroshima and Nagasaki witnessed the power of nuclear technology and capabilities which it holds and how the technology can be diverted towards nuclear weapons. There were initial efforts back in 1946 to create an international system where the states can have access to nuclear technology only under certain conditions and safeguards. The objective was not achieved due to political conflicts and differences between the superpowers, United States and Russia (former the Soviet Union) who had already tested their nuclear weapons. It was US President Eisenhower’s “Atoms of Peace” in December 1953 which proposed that there should be an establishment of an international organisation that checks on the nuclear technology which the states possess. The Eighteen Nation Committee on Disarmament negotiated the Treaty between 1965 and 1968. The Treaty was opened for signatures by July 1968 and came into force in 1970.

There are 191 states as of August 2016 that have become parties to the Treaty but North Korea which acceded the Treaty back in 1985 but never came into conformity. North Korea announced its withdrawal from the Non-Proliferation Treaty in 2003 following the violation of conditions and obligations due to the detonation of nuclear devices. Four United Nation member states have never accepted the Non-Proliferation Treaty: India, Israel, Pakistan and South Sudan out of which three of them, India, Israel and Pakistan possess nuclear weapons and the latter is said to possess but ambiguously. South Sudan was founded in 2011 and has joined the Treaty yet. The Treaty mentions the Nuclear-Weapon States that includes, USA, Russia, the United Kingdom, France and China. These countries have built and tested their nuclear explosives before January 1967. The other states which possess the nuclear weapons include India, Pakistan and North Korea who have openly tested and declare about their possession of nuclear weapons. Israel has not openly stated about its possession of nuclear weapons or its nuclear weapon status.

The Non-Proliferation Treaty is reviewed every five years in Review Conferences of the Parties to the Treaty of Non-Proliferation of Nuclear Weapons. The Treaty was conceived for 25 years but in 1995 during the Review Conference in NYC extended the Treaty indefinitely.

The Non-Proliferation Treaty consists of a preamble and eleven articles and is also interpreted for its three-pillar system:

1.     First Pillar: Non-Proliferation in the NPT treaty under Article I states that the countries or states possessing the nuclear weapons should not transfer nuclear weapons or other explosive devices to any recipient or states and should not assist, encourage or try to induce any non-nuclear-weapon country in the manufacture or acquisition of nuclear weapons. Non-proliferation is mentioned in Article I, II, and III of the NPT treaty. Non-nuclear weapon states should not acquire control over nuclear weapons or other explosive devices and should not seek assistance in the manufacturing of nuclear weapons and other nuclear explosive devices under Article II. Under Article III of the NPT treaty states that non-nuclear-weapon should accept IAEA (International Atomic Energy Agency) safeguards to verify that their activities related to nuclear technology serve only for peaceful purposes and not alternative purposes.

There are five recognised states by the Non-Proliferation Treaty as Nuclear-weapons states (NWS): The United States of America, the United Kingdom, the Soviet Union (now, Russia), France and China. These countries are also the five permanent members of UNSC (United Nations Security Council).

2.     Second Pillar: Peaceful Use of Nuclear Energy of NPT Treaty under Article IV acknowledges the right of all the states which are party to the NPT Treaty to develop nuclear energy only for peaceful purposes and should be in conformity with the non-proliferation obligations. It also encourages cooperation and to benefit international cooperation in the area of nuclear energy. It also acknowledges that the parties have the right to peaceful usage of nuclear technology.

3.     Third Pillar: Disarmament of NPT treaty under Article VI states that the parties to the Treaty must pursue negotiations in bona fide on effective measures related to nuclear disarmament and termination of the nuclear arms and general and complete disarmament.

Salient Features

1.     No Nuclear-Weapon State (NWS) will transfer its weapons and technology to the Non-Nuclear States:

Under Article I states that the countries or states possessing the nuclear weapons should not transfer nuclear weapons or other explosive devices to any recipient or states and should not assist, encourage or try to induce any non-nuclear-weapon country in the manufacture or acquisition of nuclear weapons.

2.     The Non-Nuclear States will neither develop nor receive Nuclear weapons or explosive devices or control:

Under Article II, Non-nuclear weapon states should not acquire control over nuclear weapons or other explosive devices and should not seek assistance in the manufacturing of nuclear weapons and other nuclear explosive devices. Each Non-Nuclear weapon states which are party to this Treaty undertakes that they will not receive a transfer of any nuclear power, nuclear weapons or other explosive devices or controls, directly or indirectly. The non-nuclear-weapon state should not manufacture or acquire nuclear weapons, other nuclear explosive controls and devices. Neither should they seek or receive assistance in the manufacture of the same.

3.     ARTICLE III:

a)     Each of the Non-nuclear weapon states which are party to the Treaty undertakes to accept safeguards in the agreement which needs to be negotiated and concluded with the International Atomic Energy Agency (IAEA). The states must place all nuclear activities, materials under IAEA safeguards for the exclusive purpose of verification to achieve the obligations under the Treaty. The procedures required by this Article for safeguarding shall be followed for if there is unique fissionable material or source that is being produced, processed in any principal nuclear facility or outside such nuclear facility. The safeguards which are mentioned in this Article shall be applied on all special nuclear fissionable material or source in all peaceful nuclear activities and not otherwise within the territory of the State performing, under the state’s jurisdiction or that is carried out under the control of such state.

b)     Each Nuclear-Weapon State (NWS) which are party to the Treaty will not provide (i) source or special fissionable material, or (ii) any technology, equipment or material especially designed, developed for processing, to any Non-nuclear weapon State for peaceful purposes without an IAEA safeguard agreement.

c)     The safeguards of the IAEA required by this Article should comply with Article IV of this Treaty. They should not hamper the economic or technological development of the states which are party to the Treaty or impede any international cooperation amidst peaceful nuclear activities. This also includes the international exchange of source or nuclear materials or equipment for processing of nuclear energy and technology.

d)     The Non-nuclear weapon states which are party to the Treaty shall conclude agreements with IAEA. The safeguard agreements can be concluded on an individual or with the other parties in conformity with the Statute of the International Atomic Energy Agency. Within 180 days from the entry of such agreements into force of the NPT treaty, negotiation of such agreements shall commence. The state parties must begin their instruments of accession or ratification after the 180 days. Also, such agreements shall not come into force before eighteen months from the date of initiation of negotiations.

4.     There is a right for the development of nuclear technology for peaceful purposes.

Under (i) and (ii) of ARTICLE IV, the rights of Non-nuclear weapon states were recognised. This Article makes it clear that the purpose of the Treaty is not to curtail the national development and not to limit international cooperation on nuclear energy but instead, NPT aims to promote the purpose of nuclear energy.  All parties to the Treaty are in obligation to participate and facilitate in the exchange of materials, equipment, technology and scientific information which is helpful in the peaceful use of nuclear energy. Parties to the Treaty can contribute on an individual basis or in cooperation with the other parties to the Treaty for the dissemination of nuclear energy for peaceful purposes.

5.     Provision for withdrawal from the Treaty

Each party to the Treaty has the right to withdraw itself from the Treaty if it jeopardised the supreme interests of the party. The state shall give notice of such withdrawal from the Treaty to all the other parties and UNSC, three months in advance.

6.     Translation of the text in NPT

Under Article XI, The Treaty is in English, Chinese, French, Russian and Spanish, which are authentic and needs to be deposited in the archives of the governments.

Over many years, NPT has been crticised for, “a conspiracy of the nuclear ‘haves’ to keep the nuclear ‘have-nots’ in their place.” The controversy has been rising off Article VI which obligates the nuclear weapon states to liquidate their nuclear stockpiles. The state parties are obliged to negotiate towards the three ends which are: the end of the nuclear arms race, nuclear disarmament and general or complete disarmament.