UN Declaration of Scientific Responsibility in Relation to Nuclear Weaponry

Professor Weeramantry writes: 'I have worked out a declaration for adoption by the General Assembly of the UN in relation to the social obligations of scientists who are engaged on the making of nuclear weapons. I have sent it to every Mission at the UN and received a variety of replies. This is part of my work, 'Nuclear Weapons and Scientific Responsibility', published in the US by Longwoods Publishers of New Hampshire.'

The text of the Proposed United Nations Declaration of Scientific Responsibility in Relation to Nuclear Weaponry:

Preamble

THE GENERAL ASSEMBLY,

Recognising that in an age dominated by science and technology, it is essential that science and technology should be devoted to the service of mankind

Gravely concerned that the development and production of nuclear weapons and the nuclear arms race are endangering the future of mankind and indeed of life on this planet

Conscious that the most recent and meticulous scientific inquiries have established the probability of a nuclear winter with disastrous consequences to mankind and our planet in the event of a nuclear confrontation

Realising that the nuclear arms race would be impossible to sustain without the active cooperation of scientists and technologists

Taking account of the fact that the general principles of international law as contained in

(a) International custom

(b) The general principles of law as recognised by civilised nations

(c) Judicial decisions and the teachings of jurists

(d) International Covenants

place beyond doubt the illegality of the use of nuclear weaponry, having regard to its violation of the principles of proportionality, discrimination, aggravation of pain and suffering, nullification of a return to peace and inviolability of neutral states

'The use of nuclear weaponry would undoubtedly result in ecocide and genocide'

Aware that the use of nuclear weaponry would undoubtedly result in ecocide, genocide and, if there are any survivors, in massive inter-generational damage

Convinced that the concept of a limited nuclear war is unrealistic and a nuclear war once started is totally unlikely to be contained

Persuaded that the concepts of self-defence and deterrence have become meaningless in the context of nuclear weaponry and thus afford no justification for their production, possession, testing or deployment

Mindful that the use, production, testing, possession and deployment of nuclear weapons thus constitute a violation of international law and a crime against humanity

Recalling that this Assembly by Resolution 3384 (XXX) of 10 November 1975 proclaimed the Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind and has since taken numerous steps towards the implementation of this resolution, including the passing of Resolution 37/189A of 18 December 1982 calling upon all States, specialised agencies, inter-governmental and non-governmental organisations to take the necessary measures to ensure that the results of scientific and technological progress are used exclusively in the interests of international peace, for the benefit of mankind and for promoting and encouraging respect for human rights and fundamental freedoms

Noting that the Human Rights Committee of the United Nations at its 563rd meeting (twenty third session) held on 2 November 1984 in its general comment 14 (23)c/(article 6) declared that the production, testing, possession, deployment and use of nuclear weapons should be prohibited and recognised as a crime against humanity

Noting also that the said Committee in the said general comment called upon all States, whether Parties to the Covenant or not, to take urgent steps unilaterally and by agreement to rid the world of this menace

Persuaded that the legal and moral responsibility borne by scientists participating in such activities is today infinitely greater than at the time of the creation of the first nuclear weapons by reason inter alia of the greater knowledge now available of the disastrous atmospheric, agricultural, medical and social impacts of the use of nuclear weaponry, the possibility of nuclear retaliation, the enormously enhanced destructive power of current nuclear weaponry and the vast nuclear arsenals now available in the event of nuclear war

Deeply moved by the consideration that the power of science is such, in the words of the Russell-Einstein Manifesto, as to open the way to a new paradise or lead to the risk of universal death

Believing that the participation of scientists and technologists is crucial to the determination of the choice between these alternatives

Convinced that the principle of individual responsibility for crimes against humanity is well established in international law

Convinced also that superior orders do not constitute a defence in international law in regard to crimes against humanity

and Determined that in the light of the above circumstances a consideration of the responsibility of scientists and technologists engaged in the nuclear weapons enterprise should no longer be further delayed by the international community.

DECLARATION

This Assembly hereby reaffirms the principles that

(a) The use, production, possession, testing and deployment of nuclear weapons are contrary to international law and constitute a crime against humanity

(b) The participation in scientific or technological research in this area is contrary to international law and is a crime against humanity

'Those who consciously participate in the manufacture of nuclear weapons are personally guilty of a violation of international law'

(c) Those who consciously participate in the manufacture of nuclear weapons and nuclear weapons research are personally guilty of a violation of international law and of a crime against humanity and/ or of complicity in such acts

(d) Such activity is incompatible with the dominant principle underlying all scientific activity, namely service to humanity, and is therefore unethical and contrary to the express Declarations of this Assembly

and calls upon all scientists and technologists throughout the world to abide by the legal and ethical obligations outlined in this document and to desist from any activity involving the development, production, testing, possession, deployment or use of nuclear weapons.

Professor C.G. Weeramantry, 35 Madeline St, Glen Waverley, Victoria 3150, Australia (tel 61 3 233 2846; 61 3 565 3305 office).


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