Raising Non-Proliferation Barriers: WMD and Non-State Actors
Nikita Smidovich
UN Office for Disarmament Affairs
(This article presents the views of its author and does not necessarily reflect the views of the UN Secretariat)
The proliferation of nuclear and other weapons of mass destruction together with their means of delivery present real challenges to the survival of human societies. With rapid advances in application of dual-use technologies worldwide and changes in geopolitical situations, these challenges have not remained static but are evolving. Often hard earned gains on one front are being offset by setbacks on other fronts. A major threat which has clearly manifested itself in recent decades is the attempts to acquire or spread weapons of mass destruction by individuals or entities acting outside of the control or authority of a government: the so-called non-State actors. The growth of global trade and open markets have increased possibilities for the acquisition of dual-use items and technologies by non-State actors. Illicit trafficking, trading and brokering activities in these materials pose additional threats to existing non-proliferation and disarmament regimes. Acts of terrorism have shaken the world in too many places leaving fear of more devastating attacks to come and calling for specific effective comprehensive measures to prevent such catastrophes. The anthrax and sarin attacks in Japan in the 1990s showed that weapons of mass destruction are within the reach of criminals and terrorists who are willing to use them.
The United Nations recognizes these new WMD proliferation threats. In adopting resolution 1540 in April 2004, the United Nations Security Council essentially obliged all States to refrain from providing any form of support to non-State actors that attempt to acquire nuclear, chemical or biological weapons and their means of delivery. Adopted unanimously, resolution 1540 (2004) addresses directly the specific risk of non-State actors gaining access to WMD by introducing requirements for the adoption and enforcement of effective national laws which prohibit them from developing, acquiring and using nuclear, chemical or biological weapons and their means of delivery, in particular for terrorist purposes. In the same vein, the Security Council fully recognized the need to enhance the coordination of efforts on national, regional and international levels in order to strengthen the global response to these serious challenges and threats to international security. The effectiveness of the whole regime would be assessed not by the unique strength of measures adopted by any single country but by weaknesses that still exist in other countries that could allow the acquisition and use of WMD by non-State actors.
With resolution 1540 (2004), the Security Council established a special Committee to monitor closely its implementation. Every State is required to provide to the Committee reports and information on its actions to meet resolution's requirements. The examination of these reports is one of the main activities of the 1540 Committee. Over 155 States have already provided their reports. However, much still remains to be done so as to have a comprehensive assessment of the measures taken globally and the scope of their practical application. To facilitate further progress, the 1540 Committee actively promotes the sharing among States of experience and lessons learned in the areas covered by the resolution and capacity-building efforts.
All States require adequate capacities to implement effectively the specific measures identified by resolution 1540 (2004). These range from the adoption of national laws and regulatory norms, to the development of border and export controls, to securing and accounting of sensitive dual-use items and materials, to combating illicit trafficking and brokering, and training required personnel. Therefore, capacity-building is a priority in the practical implementation of resolution 1540 (2004) worldwide.
Provision of technical assistance is a unique and important feature of resolution 1540 (2004). Together with the common determination to deny non-State actors access to these destructive weapons, the international resolve to cooperate in the implementation of the resolution creates a strong basis for the 1540 Committee to serve as a platform for global collaborative efforts and effective interaction between various stakeholders in achieving the objectives of the resolution. A number of countries have already requested assistance in the implementation of resolution 1540 (2004) and many others offered to provide such assistance. The 1540 Committee is actively engaged in matching these offers and requests and several cooperative implementation projects are already on-going in a number of countries.
As the focal point within the United Nations to integrate disarmament and non-proliferation activities worldwide, the United Nation Office for Disarmament Affairs (ODA) has been actively promoting the implementation of resolution 1540 (2004). The involvement of all States is essential to achieve the objectives of the resolution. This is not a task for one or a limited group of countries but for the whole international community represented at the United Nations.
The Office for Disarmament Affairs has taken the lead in organizing outreach activities related to the implementation of resolution 1540 (2004). From 2006 to 2008, six UN seminars were held in Asia, Africa and Latin America and the Caribbean regions to raise awareness of the resolution and, in particular, to facilitate national reporting on its implementation.
Capacity building, especially in the area of border controls, is the focus of an on-going series of workshops in various regions. In order to assemble a WMD capability or weapon, a non-State actor needs to purchase or otherwise acquire relevant materials and equipment and bring them into a country for production or assembly. Along the way, these goods would have to cross - legally or illegally - State borders, most probably several of them, before reaching their final destination. Thus, effective border controls play a significant role in the prevention of WMD acquisition and terrorist attacks.
The Office for Disarmament Affairs has already organized four such capacity-building workshops on the implementation of resolution 1540 (2004). They were held in Brazil last November for MERCOSUR States, Qatar in March 2009 for Arab States, Vanuatu for States in the Pacific Islands region and Costa Rica for Central American States. The Office for Disarmament Affairs plans to organize similar workshops in Africa and South East Asia.
The workshops provide participants with a forum to discuss practical ways and means to enhance national capacities for border controls with particular emphasis on regional approaches. The regional dimension of the 1540 implementation has proven to be of significant value since it takes into account regional specificities and builds upon existing regional joint activities in various related fields.
At the workshops, international and regional organizations including the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons and the European Union and other potential assistance providers present information on their activities and programmes that could bolster States' capacities in the implementation of resolution 1540 (2004). The results of the workshops are expected to lead to enhanced national efforts, increased regional dialogue and practical international cooperation.
Since the adoption of resolution 1540 (2004), steady progress has been achieved in reaching its objectives. In order to assess the impact of the resolution and identify new approaches for its implementation, the Security Council is conducting the first comprehensive review of the status of the implementation of resolution 1540 (2004) with special sessions of the 1540 Committee to be held from 30 September to 2 October 2009. It is expected that such a review, with the participation of all Member States and relevant international and regional organizations, will result in the enhancement of the WMD non-proliferation regime established by resolution 1540 (2004). It is important to have meaningful contributions from the civil society to the implementation of the resolution. The Stanley Foundation took an initiative to organize a special meeting in the United Nations Headquarters on 1 October of representatives of non-governmental organizations, academia and industry to enable them to share their assessments of the evolution of risks and threats and make specific recommendations on possible new approaches for the implementation of the resolution. The Office for Disarmament Affairs is sponsoring this important forum.
Efforts of all States, international and regional organizations should be intensified and broadened to transform the resolution's requirements into practical actions and policies that provide reliable safeguards against the acquisition of WMD and their means of delivery by non-State actors. As Sergio Duarte, UN High Representative for Disarmament Affairs stressed "Success of this work is necessary and calls for our continued concerted efforts"1.
1UNODA publication "1540 Committee: Security Council Committee Established Pursuant to Resolution 1540 (2004): Selected United Nations Documents", Foreword, page V. 2008 Edition.
Editor's Note: ASA thanks Nikita Smidovich for this timely, informative and thought-provoking article. The UNs Office of Disarmament Affairs (ODA) with its WMD Branch, has been very fortunate to have within its complex, professionals that are so experienced, well known and very highly respected across the WMD field.
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