Jacqulyn Kantack, Harvard Law School’s International Human Rights Clinic
The release of Oppenheimer in July drew public attention to the history of nuclear weapons. However, the film has received significant criticism from nuclear weapons activists for glossing over the horrors of Hiroshima and Nagasaki, as well as largely ignoring the history of nuclear weapons testing. Those activists are now preparing for the Second Meeting of States Parties to the 2017 Treaty on the Prohibition of Nuclear Weapons (TPNW), which will take place in New York from November 27-December 1, 2023. The treaty directly responds to the harms of nuclear weapons use and testing, and as a result was a milestone for affected individuals and communities. States parties should demonstrate their commitment to remediating the harms of nuclear weapons use and testing by establishing an international trust fund. An international trust fund is one way to ensure that affected states have sufficient resources to address the needs of their communities.
Most awareness of the devastation caused by nuclear weapons comes from the memory of US use of the atomic bomb in Hiroshima and Nagasaki in 1945. Indeed, survivors of Hiroshima and Nagasaki, known as hibakusha, have bravely shared their stories for decades. Beyond the initial explosions, which killed an estimated 210,000 people, radiation exposure has caused a higher incidence of many cancers in individuals who were near the blast site. Hibakusha have also suffered from discrimination and social exclusion.
While the end of World War II is part of our collective memory, there has been significant harm caused by nuclear weapons testing, although less awareness of its long history. Since 1944, eight countries—China, France, India, North Korea, the Soviet Union, Pakistan, the United Kingdom, and the United States—have collectively conducted more than 2,000 nuclear weapons tests. These tests disproportionately affected indigenous communities and left behind contaminated soil and water, sometimes preventing communities from returning to their ancestral lands. Entire communities have dealt with long-term physiological effects of radiation exposure, including cancers, chronic diseases, and birth defects.
Military personnel observe a nuclear weapons test in Nevada, the United States, in 1951. Credit: US Government, 1951.
The TPNW was envisioned as a response to this suffering. Not only does the treaty promote a world free from nuclear weapons, but it also includes important steps states parties are obligated to take to assist victims harmed by nuclear weapons use or testing and clean up areas contaminated by those activities. The TPNW places primary responsibility for victim assistance and environmental remediation on affected states, but requires all states parties that have the capacity to do so to provide technical, material, and/or financial assistance to others with demonstrated need. These “positive obligations” strengthen the humanitarian impact of the treaty, as they ensure that efforts are made to address the ongoing harms of the past.
Though the treaty does not mandate creation of an international trust fund, states parties resolved at their first annual meeting in June 2022 to consider establishing a trust fund as a way to advance the treaty’s humanitarian objectives. Though states parties would still have the option to provide assistance in a bilateral capacity, encouraging donations to an international trust fund could streamline the process of meeting states parties’ international cooperation and assistance obligations.
A trust fund could ensure that funds are distributed where they are needed most and in a way that has maximum humanitarian impact. It could support capacity-building projects and victim assistance and environmental remediation efforts in affected states parties with limited resources. Victim assistance includes provision of medical care and physical rehabilitation options, psychological support, and economic and social inclusion efforts. A trust fund could, for example, support construction of a hospital with facilities equipped to treat cancer on an affected island where existing medical facilities are insufficient.
Cleaning up areas contaminated by radioactive material is similarly a long-term process. Governments may have to make efforts to remove contaminated soil, treat contaminated water, and restrict usage of natural resources to limit exposure pathways to humans. Trust fund contributions could fund the survey and marking of contaminated areas, treatment, and efforts to educate the population about risks of exposure.
A future international trust fund for the TPNW should encourage contributions from a variety of donors, not limited to states that have signed on to the treaty. The fund’s decision-making body should be comprised of a wide range of stakeholders, including representatives of states parties and affected communities, as well as independent experts. Though states that have joined the TPNW and civil society organizations working in those states should be the primary beneficiaries of a fund, grants could also be given to states not party to maximize the breadth of the fund’s humanitarian impact.
Although states parties committed to discussing the idea of a trust fund in 2021, little progress has been made. As one step toward fulfilling the humanitarian purpose of the treaty, states parties should reaffirm their commitment to prioritizing discussions of an international trust fund at the upcoming TPNW meeting, with a view toward adopting guidelines for establishment of a trust fund at the next treaty meeting in 2025. Prioritizing establishment of a trust fund is one way for all states parties to show their commitment to ensuring that affected states parties are sufficiently supported.
Jacqulyn Kantack, Harvard Law School’s International Human Rights Clinic
The release of Oppenheimer in July drew public attention to the history of nuclear weapons. However, the film has received significant criticism from nuclear weapons activists for glossing over the horrors of Hiroshima and Nagasaki, as well as largely ignoring the history of nuclear weapons testing. Those activists are now preparing for the Second Meeting of States Parties to the 2017 Treaty on the Prohibition of Nuclear Weapons (TPNW), which will take place in New York from November 27-December 1, 2023. The treaty directly responds to the harms of nuclear weapons use and testing, and as a result was a milestone for affected individuals and communities. States parties should demonstrate their commitment to remediating the harms of nuclear weapons use and testing by establishing an international trust fund. An international trust fund is one way to ensure that affected states have sufficient resources to address the needs of their communities.
Most awareness of the devastation caused by nuclear weapons comes from the memory of US use of the atomic bomb in Hiroshima and Nagasaki in 1945. Indeed, survivors of Hiroshima and Nagasaki, known as hibakusha, have bravely shared their stories for decades. Beyond the initial explosions, which killed an estimated 210,000 people, radiation exposure has caused a higher incidence of many cancers in individuals who were near the blast site. Hibakusha have also suffered from discrimination and social exclusion.
While the end of World War II is part of our collective memory, there has been significant harm caused by nuclear weapons testing, although less awareness of its long history. Since 1944, eight countries—China, France, India, North Korea, the Soviet Union, Pakistan, the United Kingdom, and the United States—have collectively conducted more than 2,000 nuclear weapons tests. These tests disproportionately affected indigenous communities and left behind contaminated soil and water, sometimes preventing communities from returning to their ancestral lands. Entire communities have dealt with long-term physiological effects of radiation exposure, including cancers, chronic diseases, and birth defects.
The TPNW was envisioned as a response to this suffering. Not only does the treaty promote a world free from nuclear weapons, but it also includes important steps states parties are obligated to take to assist victims harmed by nuclear weapons use or testing and clean up areas contaminated by those activities. The TPNW places primary responsibility for victim assistance and environmental remediation on affected states, but requires all states parties that have the capacity to do so to provide technical, material, and/or financial assistance to others with demonstrated need. These “positive obligations” strengthen the humanitarian impact of the treaty, as they ensure that efforts are made to address the ongoing harms of the past.
Though the treaty does not mandate creation of an international trust fund, states parties resolved at their first annual meeting in June 2022 to consider establishing a trust fund as a way to advance the treaty’s humanitarian objectives. Though states parties would still have the option to provide assistance in a bilateral capacity, encouraging donations to an international trust fund could streamline the process of meeting states parties’ international cooperation and assistance obligations.
A trust fund could ensure that funds are distributed where they are needed most and in a way that has maximum humanitarian impact. It could support capacity-building projects and victim assistance and environmental remediation efforts in affected states parties with limited resources. Victim assistance includes provision of medical care and physical rehabilitation options, psychological support, and economic and social inclusion efforts. A trust fund could, for example, support construction of a hospital with facilities equipped to treat cancer on an affected island where existing medical facilities are insufficient.
Cleaning up areas contaminated by radioactive material is similarly a long-term process. Governments may have to make efforts to remove contaminated soil, treat contaminated water, and restrict usage of natural resources to limit exposure pathways to humans. Trust fund contributions could fund the survey and marking of contaminated areas, treatment, and efforts to educate the population about risks of exposure.
A future international trust fund for the TPNW should encourage contributions from a variety of donors, not limited to states that have signed on to the treaty. The fund’s decision-making body should be comprised of a wide range of stakeholders, including representatives of states parties and affected communities, as well as independent experts. Though states that have joined the TPNW and civil society organizations working in those states should be the primary beneficiaries of a fund, grants could also be given to states not party to maximize the breadth of the fund’s humanitarian impact.
Although states parties committed to discussing the idea of a trust fund in 2021, little progress has been made. As one step toward fulfilling the humanitarian purpose of the treaty, states parties should reaffirm their commitment to prioritizing discussions of an international trust fund at the upcoming TPNW meeting, with a view toward adopting guidelines for establishment of a trust fund at the next treaty meeting in 2025. Prioritizing establishment of a trust fund is one way for all states parties to show their commitment to ensuring that affected states parties are sufficiently supported.
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