Non- -proliferation of weapons of mass proliferation of weapons of mass Non destruction to non- -State actors: the role of State actors: the role of destruction to non UNSC Resolution 1540 (2004) UNSC Resolution 1540 (2004) Nicolas Kasprzyk Nicolas Kasprzyk 1540 Committee expert 1540 Committee expert NATO Regional Cooperation Course (NRCC), NATO Defense College NATO Regional Cooperation Course (NRCC), NATO Defense College Rome, Italy, 11 March 2013 Rome, Italy, 11 March 2013
Outline Outline • Background • Resolution 1540 key facts • Obligations and requirements • Role of 1540 Committee • Implementation facts and trends 2
Background Background • Proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security • The threat of terrorism and the risk that non-State actors,…,may acquire, develop, traffic in or use nuclear, chemical and biological weapons and their means of delivery 3
Key facts Key facts • Adopted 28 April 2004 by the UNSC, under Chapter VII of the UN Charter, and followed by UNSCR 1673 (2006),1810 (2008), 1977 (2011) and 2055 (2012). • UNSCR 1977 (2011) extended the mandate of the 1540 Committee for a period of 10 years until 25 April 2021. 4 A wide view of the Security Council as Members unanimously adopt resolution 1977(2011) on 20 April 2011, extending for 10 years the mandate of the 1540 Committee./ UN Photo/ Devra Berkowitz
Key facts Key facts • A formal decision taken by the Security Council affirming that the proliferation of weapons of mass destruction (WMD) and their means of delivery represents a threat to international peace and security. • Establishes binding obligations on all States to take a series of steps to prevent the proliferation of WMD and their means of delivery to non-State actors. • Fills existing gaps in international law by requiring the prohibition of non-State actors to manufacture, acquire, possess, develop, transport, transfer, or use WMD and their means of delivery in particular for terrorist purposes. 5
Key facts Key facts • Focuses on measures aimed at preventing the involvement of non- States actors in proliferation activities. • Each State decides for itself how to implement resolution 1540. In adopting resolution 1540, the Security Council recognized that the primary responsibility for fighting WMD proliferation and potential terrorist use of WMD rests with UN member States themselves. 6
Key facts Key facts • Covers all fields of WMD (nuclear, chemical, and biological) and their means of delivery, as well as related materials. Definition, for the purpose of this resolution only: Means of Delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use. Related materials: materials, equipment and technology covered by relevant multilateral treaties and arrangements, or included on national control lists, which could be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery. • Does not conflict with or alter the rights and obligations of State Parties to NPT, CWC, BWC or alter the responsibilities of IAEA and OPCW (Operative Paragraph 5 of R. 1540). 7
Key obligations Key obligations Three key obligations for States: 1. Refrain from providing support to non-state actors (Operative Paragraph 1 of R. 1540) 2. Adopt legislation establishing prohibitions ( Operative Paragraph 2 of R. 1540) 3. Establish domestic controls ( Operative Paragraph 3 of R. 1540) 8
Key obligations Key obligations Operative paragraph 1 of resolution 1540: All States shall refrain from providing any form of support to non- State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery 9
Key obligations Key obligations Operative paragraph 2 of resolution 1540: All States, in accordance with their national procedures, shall adopt and enforce appropriate effective laws which prohibit any non-State actors to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, in particular for terrorist purposes, as well attempts to engage in any of the foregoing activities, participate in them as accomplice, assist or finance them 10
Key obligations Key obligations Operative paragraph 3 (a) and (b) of resolution 1540: All States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery, including by establishing appropriate controls over related materials and to this end shall: • Develop and maintain appropriate effective measures to account for and secure items in production, use, storage or transport; • Develop and maintain appropriate effective physical protection measures 11
Key obligations Key obligations Operative paragraph 3 (c) and (d) of resolution 1540: All States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery, including by establishing appropriate controls over related materials and to this end shall: • Develop and maintain appropriate effective border controls and law enforcement efforts to detect, deter, prevent and combat the illicit trafficking and brokering in such items; • Establish […] effective national export and trans-shipment controls […] including to control export, transit, trans-shipment and re-export 12
Key obligations Key obligations The scope and depth of the different obligations set upon States suggests a need for close cooperation between different institutional communities: • Foreign Affairs • Defense / Armed Forces • Interior / Police • Intelligence • Financial Intelligence Units • Customs • Industry • Commerce • Agriculture • Health • Parliamentarians • Etc. No size fits all: institutional solutions / frameworks will vary from a 13 State to another.
Other key features Other key features 1. National control lists Operative paragraph 6 of resolution 1540: Recognizes the utility in implementing this resolution of effective national control lists and calls upon Member States, when necessary, to pursue at the earliest opportunity the development of such lists 14
Other key features Other key features 2. Collaboration with industry and public Operative paragraph 8 (d) of resolution 1540: Calls upon all States to develop appropriate ways to work with and inform industry and the public 15
Other key features Other key features List of States yet to submit a List of States yet to submit a first report as at 08 March first report as at 08 March 3. Submission of reports / 2013 2013 additional information 1. Cape Verde 1. Cape Verde 2. Central African Republic 2. Central African Republic 3. Chad 3. Chad 4. Comoros 4. Comoros States are called upon to submit 5. DPRK 5. DPRK 6. Equatorial Guinea a first report to the 1540 6. Equatorial Guinea 7. Gambia 7. Gambia Committee on steps they have 8. Guinea 8. Guinea taken or intend to take to 9. Guinea-Bissau 9. Guinea-Bissau implement resolution 1540 10. Haiti 10. Haiti 11. Lesotho 11. Lesotho States that have already 12. Liberia 12. Liberia submitted such report are 13. Malawi 13. Malawi 14. Mali encouraged to provide additional 14. Mali 15. Mauritania information when appropriate or 15. Mauritania 16. Mozambique 16. Mozambique upon the request of the 1540 17. Sao Tome and Principe 17. Sao Tome and Principe Committee 18. Solomon Islands 18. Solomon Islands 19. Somalia 19. Somalia 20. South Sudan 20. South Sudan 21. Swaziland 21. Swaziland 22. Timor-Leste 22. Timor-Leste 23. Zambia 16 23. Zambia 24. Zimbabwe 24. Zimbabwe
Other key features Other key features 4. Assistance and capacity-building The Security Council recognizes that some States may require assistance in implementing resolution 1540, and invites those in a position to do so to offer assistance as appropriate in response to specific requests to the States lacking the legal and regulatory infrastructure, implementation experience and/or resources The Security Council encourages States that have requests for assistance to convey them to the 1540 Committee 17
Other key features Other key features 5. National action plans States are encouraged to prepare on a voluntary basis national implementation action plans, with the assistance of the 1540 Committee as appropriate, mapping out their priorities and plans for implementing resolution 1540 Six NAP have been submitted as at 8 March 2013: Argentina, Belarus, Canada, France, Serbia, US 18
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