ABSTRACT

This chapter deals with treaties restricting or prohibiting non-nuclear weapons and shows that the assistance of human rights actors in the implementation and verification of the respect of treaty obligations is remarkable. It has been observed that the antinuclear movement was instrumental in the pre-negotiation phase of certain treaties, in particular the Partial Test Ban Treaty (PTBT) and the Comprehensive Test Ban Treaty (CTBT), as well as treaties establishing regional Nuclear-Weapon-Free Zones (NWFZ). The chapter considers the extent to which civil society is also involved in the implementation and verification of these treaties. The actual use of nuclear weapons is not the only activity related to nuclear weapons which has harmful effects on humans and which might trigger individual criminal responsibility. As a result of a substantial overlap between international humanitarian law and the International Criminal Court (ICC) Statute, the chapter deals with the lawfulness of nuclear weapons under international humanitarian law.