International nuclear terror convention in force

As of July 7, the International Convention for the Suppression of Acts of Nuclear Terrorism has entered into effect. The date marks the 30th day after receipt of the 22nd instrument of ratification – from Bangladesh – which was required for the treaty to enter into force. The treaty represents the culmination of a long process of negotiation that began with the formation of a UN ad hoc committee in 1996. The purpose of the treaty is laid out in the committee’s founding mandate:

…to elaborate an international convention for the suppression of terrorist bombings and, subsequently, an international convention for the suppression of acts of nuclear terrorism, to supplement related existing international instruments, and thereafter to address means of further developing a comprehensive legal framework of conventions dealing with international terrorism.

The current treaty is the third generated by the committee. The first two were the International Convention on the Suppression of Terrorist Bombings and the International Convention on the Suppression of Financing of Terrorism, adopted by the UN General Assembly in 1997 and 1999 respectively.

A paper authored by David Fidler of the American Society of International Law, lays out the specifics of the convention. Criminal offenses under the convention include the use, fabrication or possession of any nuclear or radioactive explosive or dispersal device with the intent to cause death or injury, cause substantial damage to property or the environment, or compel an organization or state to act or refrain from acting in a certain way.

The convention requires states that are party to the convention to establish these as criminal acts within their own legal system. It also requires them to render harmless any harmful devices or materials as defined in the convention, and to ensure that they are securely stored in accordance with safeguards established by the International Atomic Energy Agency (IAEA). 


The ad hoc committee shown adopting the draft convention in 2005.
Photo courtesy United Nations