Filling the legal gap: the prohibition of nuclear weapons
This table overleaf from Reaching Critical Will and Article 36 summaries the gaps in existing treaty law related to nuclear weapons that could be filled by a treaty banning nuclear weapons.
The “legal gap” regarding prohibition and elimination arises from various deficits in the regulation of activities involving nuclear weapons, as currently codified. The key “legal gap” that needs to be filled is the explicit prohibition of nuclear weapons and establishment of a framework for their elimination. A treaty banning nuclear weapons, by categorically prohibiting nuclear weapons and establishing a framework and impetus for their elimination, would help to fill these gaps. The other weapons of mass destruction, biological and chemical weapons, are prohibited and subject to elimination processes through international legal instruments. It is past time that nuclear weapons are put on the same legal footing.
Published in April 2015 by Reaching Critical Will of the Women's International League for Peace and Freedom and Article 36