Resolution 1540 (2004) Resolution 1540 (2004) Nicolas Kasprzyk Nicolas Kasprzyk 1540 Committee expert 1540 Committee expert WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL L WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCI RESOLUTION 1540 (2004) RESOLUTION 1540 (2004) Addis Ababa, Ethiopia Addis Ababa, Ethiopia 10- -11 December 2013 11 December 2013 10
Outline Outline • Background • Resolution 1540 key facts • Obligations and other aspects • Role of 1540 Committee • Convergence and complementarity with development objectives 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
Context Context • Increasing flows of goods, materials and equipments, in a context of intensification of international exchanges One of the many cargo vessels cruising off West Africa on 3 December 2013 Vessels cruising off West African on 3 December 2013, on the basis of data collected through IMO’s Automatic Identification System. Cargo vessels appear in green (cartography: http://www.marinetraffic.com) 4
Context Context • Diffusion of technologies and • Scientific and technological know-how, increasingly developments that change the available to non-State actors nature of the threat • Dual-use activities 5
Context Context A few samples of recent facts observed (using INTERPOL CBRNE Intelligence Report / open sources)
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. A wide view of the Security Council as Members unanimously adopt resolution 1977(2011) on 20 April 2011, 7 extending for 10 years the mandate of the 1540 Committee./ UN Photo/ Devra Berkowitz
Key facts Key facts WHAT IS THE 1540 COMMITTEE? • Subsidiary body of the Security Council, assisted by a group of nine experts; • Chair: Ambassador Oh Joon, Republic of Korea; • Not a Sanctions Committee. Cooperation, dialogue, transparency. • Mandate and scope of activities of the 1540 Committee are derived from UNSCR 1540 and its follow-up resolutions; the current mandate ends in 2021. • Four Committee Working Groups , covering the four key areas of work: (I) Monitoring and National Implementation ; Ambassador Oh Joon and 1540 Committee experts (New York, 8 November 2013) (II) Assistance ; (III) Cooperation with International Organisations ; (IV) Transparency and Media Outreach. • • UN Department of Political Affairs UN Department of Political Affairs (DPA) (DPA) serves as the secretariat to the Committee, while the UN Office for UN Office for Disarmament Affairs Disarmament Affairs (UNODA) (UNODA) provides operational administrative and logistical support.
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. 9
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. The resolution says what to do, not how . • 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. 10
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: 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. Means of Delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use. 11
Key facts Key facts • 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). • “ Recognizing that most States have undertaken binding legal obligations under treaties to which they are parties, or have made other commitments aimed at preventing the proliferation of nuclear, chemical or biological weapons, and have taken effective measures to account for, secure and physically protect sensitive materials” (preamble, R. 1540) 12
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) 13
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 14
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 15
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 16
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 17
Key obligations Key obligations The scope and depth of the different obligations set upon States call for a close cooperation between different institutional communities: • Foreign Affairs • National security / Armed Forces • Interior / Police • Intelligence • Financial Intelligence Unit • Customs • Industry • Commerce • Agriculture • Health • Parliamentarians • Etc. No size fits all: institutional solutions / frameworks vary from a 18 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 19
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 « The future of African economic growth – and the futures of millions of Africans and thousands of African communities – is closely tied to the private sector.” African Development Bank Group, Private Sector Development Strategy 2013-2017 20
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