Illegality of nuclear weapons under international law, and its relevance for the divestment debate

Daniel Rietiker This is a presentation delivered at the conference “Move the Nuclear Weapons Money”, Basel 12 April 2019. Dear colleagues, ladies and gentlemen, I thank Alyn Ware and Andi Niedecker very much for inviting me to this very promissing and important event. I was proposed the title “Illegality of nuclear weapons under international law”.…

Too much policy, not enough law: US suspension and potential withdrawal from the INF Treaty is not only unwise, but also problematic under international law

Dr.iur. Daniel Rietiker[1] Introduction The announcement of 1st of February 2019 on the suspension and potential withdrawal by the USA from the Treaty on the elimination of intermediate-range and shorter-range missiles (hereafter: INF Treaty), a key instrument with Russia that has been a centerpiece of European security since the Cold War, followed by Russia’s prompt…

Threat and use of nuclear weapons contrary to right to life, says UN Human Rights Committee

By Daniel Rietiker Introduction On 30 October 2018, the UN Human Rights Committee (HRC), which is in charge of the implementation of the 1966 International Covenant on Civil and Political Rights (ICCPR), has adopted its General Comment (GC) no. 36 relating to the right to life (Article 6 ICCPR). It is in many respects a…

Why Swiss neutrality is no obstacle to joining the Treaty on the Prohibition of Nuclear Weapons (TPNW)

By Daniel Rietiker Introduction Neutrality is a holy cow for Switzerland and, for good reasons, one of the unifying and integrating values of its citizens. Unfortunately, this concept is often invoked in a misleading way, most recently in the debate about whether Switzerland should join the TPNW. Last week, a strong majority (16) of the…

Swiss Government not keen on ratifying the Treaty on the Prohibition of Nuclear Weapons (TPNW): A Missed Opportunity in the Fight against Nuclear Weapons

Translation from German of the Editorial by Prof. Malinverni and Dr. Daniel Rietiker published in Wochenzeitung WoZ, no 41, 11 October 2018. The authors thank Marc Finaud (GCSP) for his assistance in this translation. The Federal Council has decided not to sign the international Treaty on the Prohibition of Nuclear Weapons (TPNW). The lawyers Daniel…

New Hope for Nuclear Disarmament or “Much Ado About Nothing?”: Legal Assessment of the New “Treaty on the Prohibition of Nuclear Weapons” and the Joint Statement by the USA, UK, and France Following its Adoption

Article published by Daniel Rietiker in the Harvard International Law Journal, 8 December 2017 (online). Success has become rare in the sensitive field of nuclear arms control. But what happened on 7 July 2017 at the United Nations in New York deserves to be remembered and analyzed because the adoption of a Treaty on the…

The 2018 Nuclear Posture Review (NPR) – A commentary by John Burroughs

[John Burroughs is Executive Director of Lawyers Committee on Nuclear Policy (LCNP)] The Nuclear Posture Review (NPR) released beginning of February 2018 at the Pentagon ignores international legal obligations of the United States and increases the risks of nuclear war. Prepared by the Department of Defense in consultation with other agencies, the review was approved…