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  • DOE Inspector General releases scathing report about LANL’s incompetent handling of waste, leading to WIPP shutdown, press release, 1 Oct 2014
    compliance with environmental permits alone Yet oddly LANL had halted processing of this waste stream in 2012 because of the possible dangers of mixing organic materials with nitrates suggesting that at least some LANL managers as well as other people in the waste program understood these dangers LANL also approved the use of an acid neutralizer that included an ingredient that was highly reactive with oxidizers and therefore potentially incompatible with nitrate salts stored in the drums This neutralizer was added to the majority of drums in this waste stream According to LANL s permit under the Resource Conservation and Recovery Act RCRA waste processing should have stopped if the waste involved was a hazardous waste for multiple reasons was assigned multiple EPA hazardous waste codes LANL has subsequently tentatively reclassified hundreds of drums as potentially ignitable and or corrosive which may pose previously unrecognized safety issues 1 The IG also made recommendations for immediate steps DOE and LANL could take to improve TRU waste at LANL These recommendations were accepted in detail by Frank Klotz Administrator of the National Nuclear Security Administration NNSA on behalf of DOE Secretary Ernest Moniz to whom the Alert was sent The DOE s Accident Investigation Board is expected to complete its own review of the WIPP incident before the end of the year Study Group director Greg Mello was the first state hazardous waste official to inspect LANL in 1984 Mello We are pleased that this report correctly identifies the central role of LANL in causing the contamination and shutdown of WIPP which DOE now estimates to last about two years and cost up to one half billion dollars or more That will be the minimum Expensive operational limitations are likely at WIPP henceforth The violations of established well procedures and lack of common chemical knowledge are shocking The report as well as other information available to the Study Group describe an insular stove piped highly bureaucratized corporate culture that did not access or use its own technical expertise or that of others The IG report hints at but does not discuss the knowledge LANL had about the dangers of mixing organic materials with nitrate salt waste drums LANL halted processing these drums over just this issue but inexplicably resumed in August 2012 mixing finely divided organic material with a witch s brew of unknown nitrate salts and acids by the pallet load The IG report is silent about what LANL knew when Did LANL know about the dangers of mixing and shipping what the DOE IG correctly calls inherently hazardous combinations of chemicals which common references warn against Was LANL rushing to meet its June 30 deadline for the sake of profits and incentive pay The IG report is also silent about accountability for this huge fiasco Will the for profit private company that manages LANL LANS be forced to pay for any of the hundreds of millions of dollars that these failures have cost the taxpayers Will LANS be awarded another

    Original URL path: http://lasg.org/press/2014/press_release_1Oct2014.html (2016-02-16)
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  • LASG friends ltr, 27 Sep 2014: Re: LANL is splitting; NNSA lab futures; meeting schedule; more
    used It took us some time yesterday to understand and digest the news that 10 of LANL s work is being split off We had been asked by congressional staff and others what we thought about doing just that when we were in Washington earlier this month but the actual event caught us by surprise We are very pleased with this announcement for which we can take little credit We are still working in various other ways to make LANS accountable for the mountainous mistakes that led to the WIPP contamination and shutdown We have requested a DOE Inspector General investigation of illegal activity and associated cover up and now there is an investigation underway Based on information we have seen and the justifiable anger we have witnessed in Washington more shoes could drop Clearly the reassignment or dismissal of four managers is being done to avoid even worse outcomes if that is possible For example LANS could have its contract cut short Some want it ended We believe it is time to end the LANS contract and replace it not just with another contractor from the same short list but with federal management Yesterday we completed our initial comments to the Commission to Review the Effectiveness of the National Energy Laboratories CRENEL They are a little rough but we are often asked what we think the future of LANL should be Read our comments to find out Please understand these are a provisional normative future They do not include a nuclear abolition scenario Of course in the long run LANL will come to an end one way or another Hopefully humanity will outlast it Most of you saw the recent New York Times article U S Ramping Up Major Renewal in Nuclear Arms William Broad and David Sanger 9

    Original URL path: http://lasg.org/letters/2014/friends_27Sep2014.html (2016-02-16)
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  • Los Alamos Study Group
    Disarmament Obligations Under the Nuclear Non Proliferation Treaty Western States Legal Foundation Fact Sheet The Nuclear Non Proliferation Treaty 2000 Review Conference Western States Legal Foundation Winter Spring 2000 Comments on Implementation of Article VI of the Nuclear Non Proliferation Treaty Lawyers Committee on Nuclear Policy Ethics and Law Nuclear Weapons Ethics Morals and Law Jonathan Granoff BYU Law Journal December 9 2000 pdf Additional Resources regarding the Legal Basis of Nuclear Weapons Advisory Opinion of the International Court of Justice ICJ July 8 1996 on the Legality of the Threat or Use of Nuclear Weapons by International Court of Justice Lawyers Committee on Nuclear Policy Annotated Bibliography of Articles Books and Papers concerning the World Court Opinion on Nuclear Weapons Francis A Boyle 2002 The Criminality of Nuclear Deterrence Clarity Press Inc Dr John Burroughs 1997 The Il Legality of the Threat or Use of Nuclear Weapons Lit Verlag Introduction Forward and Order Form Ann Fagan Ginger editor 1998 Nuclear Weapons are Illegal W W Norton and Company Dr Charles J Moxley Jr 2000 International Law and Nuclear Weapons in the Post Cold War World Synopsis Archived Articles Letters and Opinion Pieces July 23 2002 Prepared Testimony of Christopher

    Original URL path: http://lasg.org/legal/legal-international.htm (2016-02-16)
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  • Los Alamos Study Group
    be implemented in a manner designed to comply with article IV of this Treaty and to avoid hampering the economic or technological development of the Parties or international cooperation in the field of peaceful nuclear activities including the international exchange of nuclear material and equipment for the processing use or production of nuclear material for peaceful purposes in accordance with the provisions of this article and the principle of safeguarding set forth in the Preamble of the Treaty 4 Non nuclear weapon States Party to the Treaty shall conclude agreements with the International Atomic Energy Agency to meet the requirements of this article either individually or together with other States in accordance with the Statute of the International Atomic Energy Agency Negotiation of such agreements shall commence within 180 days from the original entry into force of this Treaty For States depositing their instruments of ratification or accession after the 180 day period negotiation of such agreements shall commence not later than the date of such deposit Such agreements shall enter into force not later than eighteen months after the date of initiation of negotiations Article IV 1 Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research production and use of nuclear energy for peaceful purposes without discrimination and in conformity with articles I and II of this Treaty 2 All the Parties to the Treaty undertake to facilitate and have the right to participate in the fullest possible exchange of equipment materials and scientific and technological information for the peaceful uses of nuclear energy Parties to the Treaty in a position to do so shall also cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes especially in the territories of non nuclear weapon States Party to the Treaty with due consideration for the needs of the developing areas of the world Article V Each party to the Treaty undertakes to take appropriate measures to ensure that in accordance with this Treaty under appropriate international observation and through appropriate international procedures potential benefits from any peaceful applications of nuclear explosions will be made available to non nuclear weapon States Party to the Treaty on a nondiscriminatory basis and that the charge to such Parties for the explosive devices used will be as low as possible and exclude any charge for research and development Non nuclear weapon States Party to the Treaty shall be able to obtain such benefits pursuant to a special international agreement or agreements through an appropriate international body with adequate representation of non nuclear weapon States Negotiations on this subject shall commence as soon as possible after the Treaty enters into force Non nuclear weapon States Party to the Treaty so desiring may also obtain such benefits pursuant to bilateral agreements Article VI Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on

    Original URL path: http://lasg.org/legal/npt-text.htm (2016-02-16)
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  • Los Alamos Study Group
    to use nuclear weapons against a non nuclear weapon state only if that state is allied with a nuclear weapon state making an attack against them All major NWFZ treaties have been regionally organized These treaties are currently in force in regions spanning Latin America Treaty of Tlatelolco a large portion of the South Pacific Treaty of Rarotonga the Antarctic Antarctic Treaty and portions of Southeast Asia Treaty of Bangkok Additional treaties which have been signed but have not yet entered into force include the majority of the continent of Africa Treaty of Pelindaba and a several Central Asian former Soviet Republics Almaty Declaration African Nuclear Weapons Free Zone Treaty of Pelindaba Signed April 11 1996 treaty text signatories Algeria Angola Benin Botswana Burkina Faso Burundi Cameroon Cape Verde Central African Republic Chad Comoros Congo Cote d Ivoire Dem Rep of Congo Djibouti Egypt Eritrea Ethiopia Gabon Gambia Ghana Guinea Guinea Bissau Kenya Lesotho Liberia Libya Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Nigeria Rwanda Sao Tome Principe Senegal Seychelles Sierra Leone South Africa Sudan Swaziland Tanzania Togo Tunisia Uganda Zambia Zimbabwe Antarctic Nuclear Weapons Free Zone Antarctic Treaty Signed December 1 1959 Entered into force June 23 1961 treaty text signatories Argentina Australia Austria Belgium Brazil Bulgaria Chile China Cuba Czechoslovakia Denmark Ecuador Finland France Germany Greece Hungary India Italy Japan Korea Democratic Peoples Republic of Korea Netherlands New Zealand Norway Papua New Guinea Peru Poland Romania South Africa Spain Sweden Russia United Kingdom United States Uruguay Southeast Asian Nuclear Weapons Free Zone Treaty of Bangkok Signed December 15 1995 Entered into force March 27 1997 treaty text signatories Brunei Cambodia Indonesida Laos Malaysia Myanmar Philippines Singapore Thailand Vietnam Central Asian Nuclear Weapons Free Zone Almaty Declaration Signed February 28 1997 treaty text signatories Kazakhstan Kyrgyzstan Tajikistan Turkmenistan

    Original URL path: http://lasg.org/legal/treaties.htm (2016-02-16)
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  • Los Alamos Study Group
    communication within areas under its jurisdiction or control or elsewhere in conformity with international law Such cooperation shall be in accordance with the security and authentication requirements and technical specifications contained in the relevant operational manuals Such a State shall give the Technical Secretariat authority to access a monitoring facility for checking equipment and communication links and shall agree to make the necessary changes in the equipment and the operational procedures to meet agreed requirements The Technical Secretariat shall provide to such States appropriate technical assistance as is deemed by the Executive Council to be required for the proper functioning of the facility as part of the International Monitoring System 5 Modalities for such cooperation between the Organization and States Parties or States hosting or otherwise taking responsibility for facilities of the International Monitoring System shall be set out in agreements or arrangements as appropriate in each case B SEISMOLOGICAL MONITORING 6 Each State Party undertakes to cooperate in an international exchange of seismological data to assist in the verification of compliance with this Treaty This cooperation shall include the establishment and operation of a global network of primary and auxiliary seismological monitoring stations These stations shall provide data in accordance with agreed procedures to the International Data Centre 7 The network of primary stations shall consist of the 50 stations specified in Table 1 A of Annex 1 to this Protocol These stations shall fulfil the technical and operational requirements specified in the Operational Manual for Seismological Monitoring and the International Exchange of Seismological Data Uninterrupted data from the primary stations shall be transmitted directly or through a national data centre on line to the International Data Centre 8 To supplement the primary network an auxiliary network of 120 stations shall provide information directly or through a national data centre to the International Data Centre upon request The auxiliary stations to be used are listed in Table 1 B of Annex 1 to this Protocol The auxiliary stations shall fulfill the technical and operational requirements specified in the Operational Manual for Seismological Monitoring and the International Exchange of Seismological Data Data from the auxiliary stations may at any time be requested by the International Data Centre and shall be immediately available through on line computer connections C RADIONUCLIDE MONITORING 9 Each State Party undertakes to cooperate in an international exchange of data on radionuclides in the atmosphere to assist in the verification of compliance with this Treaty This cooperation shall include the establishment and operation of a global network of radionuclide monitoring stations and certified laboratories The network shall provide data in accordance with agreed procedures to the International Data Centre 10 The network of stations to measure radionuclides in the atmosphere shall comprise an overall network of 80 stations as specified in Table 2 A of Annex 1 to this Protocol All stations shall be capable of monitoring for the presence of relevant particulate matter in the atmosphere Forty of these stations shall also be capable of monitoring for the presence of relevant noble gases upon the entry into force of this Treaty For this purpose the Conference at its initial session shall approve a recommendation by the Preparatory Commission as to which 40 stations from Table 2 A of Annex 1 to this Protocol shall be capable of noble gas monitoring At its first regular annual session the Conference shall consider and decide on a plan for implementing noble gas monitoring capability throughout the network The Director General shall prepare a report to the Conference on the modalities for such implementation All monitoring stations shall fulfil the technical and operational requirements specified in the Operational Manual for Radionuclide Monitoring and the International Exchange of Radionuclide Data 11 The network of radionuclide monitoring stations shall be supported by laboratories which shall be certified by the Technical Secretariat in accordance with the relevant operational manual for the performance on contract to the Organization and on a fee for service basis of the analysis of samples from radionuclide monitoring stations Laboratories specified in Table 2 B of Annex 1 to this Protocol and appropriately equipped shall as required also be drawn upon by the Technical Secretariat to perform additional analysis of samples from radionuclide monitoring stations With the agreement of the Executive Council further laboratories may be certified by the Technical Secretariat to perform the routine analysis of samples from manual monitoring stations where necessary All certified laboratories shall provide the results of such analysis to the International Data Centre and in so doing shall fulfil the technical and operational requirements specified in the Operational Manual on Radionuclide Monitoring and the International Exchange of Radionuclide Data D HYDROACOUSTIC MONITORING 12 Each State Party undertakes to cooperate in an international exchange of hydroacoustic data to assist in the verification of compliance with this Treaty This cooperation shall include the establishment and operation of a global network of hydroacoustic monitoring stations These stations shall provide data in accordance with agreed procedures to the International Data Centre 13 The network of hydroacoustic stations shall consist of the stations specified in Table 3 of Annex 1 to this Protocol and shall comprise an overall network of six hydrophone and five T phase stations These stations shall fulfil the technical and operational requirements specified in the Operational Manual for Hydroacoustic Monitoring and the International Exchange of Hydroacoustic Data E INFRASOUND MONITORING 14 Each State Party undertakes to cooperate in an international exchange of infrasound data to assist in the verification of compliance with this Treaty This cooperation shall include the establishment and operation of a global network of infrasound monitoring stations These stations shall provide data in accordance with agreed procedures to the International Data Centre 15 The network of infrasound stations shall consist of the stations specified in Table 4 of Annex 1 to this Protocol and shall comprise an overall network of 60 stations These stations shall fulfil the technical an operational requirements specified in the Operational Manual for Infrasound Monitoring and the International Exchange of Infrasound Data F INTERNATIONAL DATA CENTRE FUNCTIONS 16 The International Data Centre shall receive collect process analyse report on and archive data from International Monitoring System facilities including the results of analysis conducted at certified laboratories 17 The procedures and standard event screening criteria to be used by the International Data Centre in carrying out its agreed functions in particular for the production of standard reporting products and for the performance of standard range of services for States Parties shall be elaborated in the Operational Manual for the International Data Centre and shall be progressively developed The procedures and criteria developed initially by the Preparatory Commission shall be approved by the Conference at its initial session International Data Centre Standard Products 18 The International Data Centre shall apply on a routine basis automatic processing methods and interactive human analysis to raw International Monitoring System data in order to produce and archive standard International Data Centre products on behalf of all States Parties These products shall be provided at no cost to States Parties and shall be without prejudice to final judgements with regard to the nature of any event which shall remain the responsibility of States Parties and shall include a Integrated lists of all signals detected by the International Monitoring System as well as standard event lists and bulletins including the values and associated uncertainties calculated for each event located by the International Data Centre based on a set of standard parameters b Standard screened event bulletins that result from the application to each event by the International Data Centre of standard event screening criteria making use of the characterization parameters specified in Annex 2 to this Protocol with the objective of characterising highlighting in the standard event bulletin and thereby screening out events considered to be consistent with natural phenomena or non nuclear man made phenomena The standard event bulletin shall indicate numerically for each event the degree to which that event meets or does not meet the event screening criteria In applying standard event screening the International Data Centre shall use both global and supplementary screening criteria to take account of regional variations where applicable The International Data Centre shall progressively enhance its technical capabilities as experience is gained in the operation of the International Monitoring System c Executive summaries which summarize the data acquired and archived by the International Data Centre the products of the International Data Centre and the performance and operational status of the International Monitoring System and International Data Centre and d Extracts or subsets of the standard International Data Centre products specified in sub paragraphs a to c selected according to the request of an individual State Party 19 The International Data Centre shall carry out at no cost to States Parties special studies to provide in depth technical review by expert analysis of data from the International Monitoring System if requested by the Organization or by a State Party to improve the estimated values for the standard signal and event parameters International Data Centre Services to States Parties 20 The International Data Centre shall provide States Parties with open equal timely and convenient access to all International Monitoring System data raw or processed all International Data Centre products and all other International Monitoring System data in the archive of the International Data Centre or through the International Data Centre of International Monitoring System facilities The methods for supporting data access and the provision of data shall include the following services a Automatic and regular forwarding to a State Party of the products of the International Data Centre or the selection by the State Party thereof and as requested the selection by the State Party of International Monitoring System data b The provision of the data or products generated in response to ad hoc requests by States Parties for the retrieval from the International Data Centre and International Monitoring System facility archives of data and products including interactive electronic access to the International Data Centre data base and c Assisting individual States Parties at their request and at no cost for reasonable efforts with expert technical analysis of International Monitoring System data and other relevant data provided by the requesting State Party in order to help the State Party concerned to identify the source of specific events The output of any such technical analysis shall be considered a product of the requesting State Party but shall be available to all States Parties The International Data Centre services specified in sub paragraphs a and b shall be made available at no cost to each State Party The volumes and formats of data shall be set out in the Operational Manual for the International Data Centre National Event Screening 21 The International Data Centre shall if requested by a State Party apply to any of its standard products on a regular and automatic basis national event screening criteria established by that State Party and provide the results of such analysis to that State Party This service shall be undertaken at no cost to the requesting State Party The output of such national event screening processes shall be considered a product of the requesting State Party Technical Assistance 22 The International Data Centre shall where required provide technical assistance to individual States Parties a In formulating their requirements for selection and screening of data and products b By installing at the International Data Centre at no cost to a requesting State Party for reasonable efforts computer algorithms or software provided by that State Party to compute new signal and event parameters that are not included in the Operational Manual for the International Data Centre the output being considered products of the requesting State Party and c By assisting States Parties to develop the capability to receive process and analyse International Monitoring System data at a national data centre 23 The International Data Centre shall continuously monitor and report on the operational status of the International Monitoring System facilities of communications links and of its own processing systems It shall provide immediate notification to those responsible should the operational performance of any component fail to meet agreed levels set out in the relevant operational manual PART II ON SITE INSPECTIONS A GENERAL PROVISIONS 1 The procedures in this Part shall be implemented pursuant to the provisions for on site inspections set out in Article IV 2 The on site inspection shall be carried out in the area where the event that triggered the on site inspection request occurred 3 The area of an on site inspection shall be continuous and its size shall not exceed 1000 square kilometres There shall be no linear distance greater than 50 kilometres in any direction 4 The duration of an on site inspection shall not exceed 60 days from the date of the approval of the on site inspection request in accordance with Article IV paragraph 46 but may be extended by a maximum of 70 days in accordance with Article IV paragraph 49 5 If the inspection area specified in the inspection mandate extends to the territory or other place under the jurisdiction or control of more than one State Party the provisions on on site inspections shall as appropriate apply to each of the States Parties to which the inspection area extends 6 In cases where the inspection area is under the jurisdiction or control of the inspected State Party but is located on the territory of another State Party or where the access from the point of entry to the inspection area requires transit through the territory of a State Party other than the inspected State Party the inspected State Party shall exercise the rights and fulfil the obligations concerning such inspections in accordance with this Protocol In such a case the State Party on whose territory the inspection area is located shall facilitate the inspection and shall provide for the necessary support to enable the inspection team to carry out its tasks in a timely and effective manner States Parties through whose territory transit is required to reach the inspection area shall facilitate such transit 7 In cases where the inspection area is under the jurisdiction or control of the inspected State Party but is located on the territory of a State not Party to this Treaty the inspected State Party shall take all necessary measures to ensure that the inspection can be carried out in accordance with this Protocol A State Party that has under its jurisdiction or control one or more areas on the territory of a State not Party to this Treaty shall take all necessary measures to ensure acceptance by the State on whose territory the inspection area is located of inspectors and inspection assistants designated to that State Party If an inspected State Party is unable to ensure access it shall demonstrate that it took all necessary measures to ensure access 8 In cases where the inspection area is located on the territory of a State Party but is under the jurisdiction or control of a State not Party to this Treaty the State Party shall take all necessary measures required of an inspected State Party and a State Party on whose territory the inspection area is located without prejudice to the rules and practices of international law to ensure that the on site inspection can be carried out in accordance with this Protocol If the State Party is unable to ensure access to the inspection area it shall demonstrate that it took all necessary measures to ensure access without prejudice to the rules and practices of international law 9 The size of the inspection team shall be kept to the minimum necessary for the proper fulfilment of the inspection mandate The total number of members of the inspection team present on the territory of the inspected State Party at any given time except during the conduct of drilling shall not exceed 40 persons No national of the requesting State Party or the inspected State Party shall be a member of the inspection team 10 The Director General shall determine the size of the inspection team and select its members from the list of inspectors and inspection assistants taking into account the circumstances of a particular request 11 The inspected State Party shall provide for or arrange the amenities necessary for the inspection team such as communication means interpretation services transportation working space lodging meals and medical care 12 The inspected State Party shall be reimbursed by the Organization in a reasonably short period of time after conclusion of the inspection for all expenses including those mentioned in paragraphs 11 and 49 related to the stay and functional activities of the inspection team on the territory of the inspected State Party 13 Procedures for the implementation of on site inspections shall be detailed in the Operational Manual for On Site Inspections B STANDING ARRANGEMENTS Designation of Inspectors and Inspection Assistants 14 An inspection team may consist of inspectors and inspection assistants An on site inspection shall only be carried out by qualified inspectors specially designated for this function They may be assisted by specially designated inspection assistants such as technical and administrative personnel aircrew and interpreters 15 Inspectors and inspection assistants shall be nominated for designation by the States Parties or in the case of staff of the Technical Secretariat by the Director General on the basis of their expertise and experience relevant to the purpose and functions of on site inspections The nominees shall be approved in advance by the States Parties in accordance with paragraph 18 16 Each State Party no later than 30 days after the entry into force of this Treaty for it shall notify the Director General of the names dates of birth sex ranks qualifications and professional experience of the persons proposed by the State Party for designation as inspectors and inspection assistants 17 No later than 60 days after the entry into force of this Treaty the Technical Secretariat shall communicate in writing to all States Parties an initial list of the names nationalities dates of birth sex and ranks of the inspectors and inspection assistants proposed for designation by the Director General and the States Parties as well as a description of their qualifications and professional experience 18 Each State Party shall immediately acknowledge receipt of the initial list of inspectors and inspection assistants proposed for designation Any inspector or inspection assistant included in this list shall be regarded as accepted unless a State Party no later than 30 days after acknowledgment of receipt of the list declares its non acceptance in writing The State Party may include the reason for the objection In the case of non acceptance the proposed inspector or inspection assistant shall not undertake or participate in on site inspection activities on the territory or in any other place under the jurisdiction or control of the State Party that has declared its non acceptance The Technical Secretariat shall immediately confirm receipt of the notification of objection 19 Whenever additions or changes to the list of inspectors and inspection assistants are proposed by the Director General or a State Party replacement inspectors and inspection assistants shall be designated in the same manner as set forth with respect to the initial list Each State Party shall promptly notify the Technical Secretariat if an inspector or inspection assistant nominated by it can no longer fulfil the duties of an inspector or inspection assistant 20 The Technical Secretariat shall keep the list of inspectors and inspection assistants up to date and notify all States Parties of additions or changes to the list 21 A State Party requesting an on site inspection may propose that an inspector from the list of inspectors and inspection assistants serve as its observer in accordance with Article IV paragraph 61 22 Subject to paragraph 23 a State Party shall have the right at any time to object to an inspector or inspection assistant who has already been accepted It shall notify the Technical Secretariat of its objection in writing and may include the reason for the objection Such objection shall come into effect 30 days after receipt of the notification by the Technical Secretariat The Technical Secretariat shall immediately confirm receipt of the notification of the objection and inform the objecting and nominating States Parties of the date on which the inspector or inspection assistant shall cease to be designated for that State Party 23 A State Party that has been notified of an inspection shall not seek the removal from the inspection team of any of the inspectors or inspection assistants named in the inspection mandate 24 The number of inspectors and inspection assistants accepted by a State Party must be sufficient to allow for availability of appropriate numbers of inspectors and inspection assistants If in the opinion of the Director General the non acceptance by a State Party of proposed inspectors or inspection assistants impedes the designation of a sufficient number of inspectors and inspection assistants or otherwise hampers the effective fulfilment of the purposes of an on site inspection the Director General shall refer the issue to the Executive Council 25 Each inspector included in the list of inspectors and inspection assistants shall receive relevant training Such training shall be provided by the Technical Secretariat pursuant to the procedures specified in the Operational Manual for On Site Inspections The Technical Secretariat shall co ordinate in agreement with the States Parties a schedule of training for the inspectors Privileges and Immunities 26 Following acceptance of the initial list of inspectors and inspection assistants as provided for in paragraph 18 or as subsequently altered in accordance with paragraph 19 each State Party shall be obliged to issue in accordance with its national procedures and upon application by an inspector or inspection assistant multiple entry exit and or transit visas and other relevant documents to enable each inspector and inspection assistant to enter and to remain on the territory of that State Party for the sole purpose of carrying out inspection activities Each State Party shall issue the necessary visa or travel documents for this purpose no later than 48 hours after receipt of the application or immediately upon arrival of the inspection team at the point of entry on the territory of the State Party Such documents shall be valid for as long as is necessary to enable the inspector or inspection assistant to remain on the territory of the inspected State Party for the sole purpose of carrying out the inspection activities 27 To exercise their functions effectively members of the inspection team shall be accorded privileges and immunities as set forth in sub paragraphs a to i Privileges and immunities shall be granted to members of the inspection team for the sake of this Treaty and not for the personal benefit of the individuals themselves Such privileges and immunities shall be accorded to them for the entire period between arrival on and departure from the territory of the inspected State Party and thereafter with respect to acts previously performed in the exercise of their official functions a The members of the inspection team shall be accorded the inviolability enjoyed by diplomatic agents pursuant to Article 29 of the Vienna Convention on Diplomatic Relations of 18 April 1961 b The living quarters and office premises occupied by the inspection team carrying out inspection activities pursuant to this Treaty shall be accorded the inviolability and protection accorded to the premises of diplomatic agents pursuant to Article 30 paragraph 1 of the Vienna Convention on Diplomatic Relations c The papers and correspondence including records of the inspection team shall enjoy the inviolability accorded to all papers and correspondence of diplomatic agents pursuant to Article 30 paragraph 2 of the Vienna Convention on Diplomatic Relations The inspection team shall have the right to use codes for their communications with the Technical Secretariat d Samples and approved equipment carried by members of the inspection team shall be inviolable subject to provisions contained in this Treaty and exempt from all customs duties Hazardous samples shall be transported in accordance with relevant regulations e The members of the inspection team shall be accorded the immunities accorded to diplomatic agents pursuant to Article 31 paragraphs 1 2 and 3 of the Vienna Convention on Diplomatic Relations f The members of the inspection team carrying out prescribed activities pursuant to this Treaty shall be accorded the exemption from dues and taxes accorded to diplomatic agents pursuant to Article 34 of the Vienna Convention on Diplomatic Relations g The members of the inspection team shall be permitted to bring into the territory of the inspected State Party without payment of any customs duties or related charges articles for personal use with the exception of articles the import or export of which is prohibited by law or controlled by quarantine regulations h The members of the inspection team shall be accorded the same currency and exchange facilities as are accorded to representatives of foreign Governments on temporary official missions and i The members of the inspection team shall not engage in any professional or commercial activity for personal profit on the territory of the inspected State Party 28 When transiting the territory of States Parties other than the inspected State Party the members of the inspection team shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant to Article 40 paragraph 1 of the Vienna Convention on Diplomatic Relations Papers and correspondence including records and samples and approved equipment carried by them shall be accorded the privileges and immunities set forth in paragraph 27 c and d 29 Without prejudice to their privileges and immunities the members of the inspection team shall be obliged to respect the laws and regulations of the inspected State Party and to the extent that is consistent with the inspection mandate shall be obliged not to interfere in the internal affairs of that State If the inspected State Party considers that there has been an abuse of privileges and immunities specified in this Protocol consultations shall be held between the State Party and the Director General to determine whether such an abuse has occurred and if so determined to prevent a repetition of such an abuse 30 The immunity from jurisdiction of members of the inspection team may be waived by the Director General in those cases when the Director General is of the opinion that immunity would impede the course of justice and that it can be waived without prejudice to the implementation of the provisions of this Treaty Waiver must always be express 31 Observers shall be accorded the same privileges and immunities accorded to members of the inspection team pursuant to this section except for those accorded pursuant to paragraph 27 d Points of Entry 32 Each State Party shall designate its points of entry and shall supply the required information to the Technical Secretariat no later than 30 days after this Treaty enters into force for it These points of entry shall be such that the inspection team can reach any inspection area from at least one point of entry within 24 hours Locations of points of entry shall be provided to all States Parties by the Technical Secretariat Points of entry may also serve as points of exit 33 Each State Party may change its points of entry by giving notice of such change to the Technical Secretariat Changes shall become effective 30 days after the Technical Secretariat receives such notification to allow appropriate notification to all States Parties 34 If the Technical Secretariat considers that there are insufficient points of entry for the timely conduct of inspections or that changes to the points of entry proposed by a State Party would hamper such timely conduct of inspections it shall enter into consultations with the State Party concerned to resolve the problem Arrangements for Use of Non Scheduled Aircraft 35 Where timely travel to the point of entry is not feasible using scheduled commercial flights an inspection team may utilize non scheduled aircraft No later than 30 days after this Treaty enters into force for it each State Party shall inform the Technical Secretariat of the standing diplomatic clearance number for non scheduled aircraft transporting an inspection team and equipment necessary for inspection Aircraft routings shall be along established international airways that are agreed upon between the State Party and the Technical Secretariat as the basis for such diplomatic clearance Approved Inspection Equipment 36 The Conference at its initial session shall consider and approve a list of equipment for use during on site inspections Each State Party may submit proposals for the inclusion of equipment in the list Specifications for the use of the equipment as detailed in the Operational Manual for On Site Inspections shall take account of safety and confidentiality considerations where such equipment is likely to be used 37 The equipment for use during on site inspections shall consist of core equipment for the inspection activities and techniques specified in paragraph 69 and auxiliary equipment necessary for the effective and timely conduct of on site inspections 38 The Technical Secretariat shall ensure that all types of approved equipment are available for on site inspections when required When required for an on site inspection the Technical Secretariat shall duly certify that the equipment has been calibrated maintained and protected To facilitate the checking of the equipment at the point of entry by the inspected State Party the Technical Secretariat shall provide documentation and attach seals to authenticate the certification 39 Any permanently held equipment shall be in the custody of the Technical Secretariat The Technical Secretariat shall be responsible for the maintenance and calibration of such equipment 40 As appropriate the Technical Secretariat shall make arrangements with States Parties to provide equipment mentioned in the list Such States Parties shall be responsible for the maintenance and calibration of such equipment C ON SITE INSPECTION REQUEST INSPECTION MANDATE AND NOTIFICATION OF INSPECTION On Site Inspection Request 41 Pursuant to Article IV paragraph 37 the on site inspection request shall contain at least the following information a The estimated geographical and vertical coordinates of the location of the event that triggered the request with an indication of the possible margin of error b The proposed boundaries of the area to be inspected specified on a map and in accordance with paragraphs 2 and 3 c The State Party or States Parties to be inspected or an indication that the area to be inspected or part thereof is beyond the jurisdiction or control of any State d The probable environment of the event that triggered the request e The estimated time of the event that triggered the request with an indication of the possible margin of error f All data upon which the request is based g The personal details of the proposed observer if any and h The results of a consultation and clarification process in accordance with Article V or an explanation if relevant of the reasons why such a consultation and clarification process has not been carried out Inspection Mandate 42 The mandate for an on site inspection shall contain a The decision of the Executive Council on the on site inspection request b The name of the State Party or States Parties to be inspected or an indication that the inspection area or part thereof is beyond the jurisdiction or control of any State c The location and boundaries of the inspection area specified on a map taking into account all information on which the request was based and all other available technical information in consultation with the requesting State Party d The planned types of activity of the inspection team in the inspection area e The point of entry to be used by the inspection team f Any transit or basing points as appropriate g The name of the head of the inspection team h The names of members of the inspection team i The name of the proposed observer if any and j The list of equipment to be used in the inspection area If a decision by the Executive Council pursuant to Article IV paragraphs 46 to 49 necessitates a modification of the inspection mandate the Director General may update the mandate with respect to sub paragraphs d h and j as appropriate The Director General shall immediately notify the inspected State Party of any such modification Notification of Inspection 43 The notification made by the Director General pursuant to Article IV paragraph 55 shall include the following information a The inspection mandate b The date and estimated time of arrival of the inspection team at the point of entry c The means of arrival at the point of entry d If appropriate the standing diplomatic clearance number for non scheduled aircraft and e A list of any equipment which the Director General requests the inspected State Party to make available to the inspection team for use in the inspection area 44 The inspected State Party shall acknowledge receipt of the notification by the Director General no later than 12 hours after having received the notification D PRE INSPECTION ACTIVITIES Entry Into the Territory of the Inspected State Party Activities at the Point of Entry and Transfer to the Inspection Area 45 The inspected State Party that has been notified of the arrival of the inspection team shall ensure the immediate entry of the inspection team into its territory 46 When a non scheduled aircraft is used for travel to the point of entry the Technical Secretariat shall provide the inspected State Party with a flight plan through the National Authority for the flight of the aircraft from the last airfield prior to entering the airspace of that State Party to the point of entry no less than six hours before the scheduled departure time from that airfield Such a plan shall be filed in accordance with the procedures of the International Civil Aviation Organization applicable to civil aircraft The Technical Secretariat shall include in the remarks section of the flight plan the standing diplomatic clearance number and the appropriate notation identifying the aircraft as an inspection aircraft If a military aircraft is used the Technical Secretariat shall request prior authorization from the inspected State Party to enter its airspace 47 No less than three hours before the scheduled departure of the inspection team from the last airfield prior to entering the airspace of the inspected State Party the inspected State Party shall ensure that the flight plan filed in accordance with paragraph 46 is approved so that the inspection team may arrive at the point of entry by the estimated arrival time 48 Where necessary the head of the inspection team and the representative of the inspected State Party shall agree on a basing point and a flight plan from the point of entry to the basing point and if necessary to the inspection area 49 The inspected State Party shall provide for or arrange parking security protection servicing and fuel as required by the Technical Secretariat for the aircraft of the inspection team at the point of entry and where necessary at the basing point and at the inspection area Such aircraft shall not be liable for landing fees departure tax and similar charges This paragraph shall also apply to aircraft used for overflight during the on site inspection 50 Subject to paragraph 51 there shall be no restriction by the inspected State Party on the inspection team bringing approved equipment that is in conformity with the inspection mandate into the territory of that State Party or on its use in accordance with the provisions of the Treaty and this Protocol 51 The inspected State Party shall have the right without prejudice to the time frame specified in paragraph 54 to check in the presence of inspection team members at the point of entry that the equipment has been approved and certified in

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  • Los Alamos Study Group
    complaint received by the Council The Security Council shall inform the States Parties to the Convention of the results of the investigation Article VII Each State Party to this Convention undertakes to provide or support assistance in accordance with the United Nations Charter to any Party to the Convention which so requests if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention Article VIII Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating Poisonous or Other Gases and of Bacteriological Methods of Warfare signed at Geneva on June 17 1925 Article IX Each State Party to this Convention affirms the recognized objective of effective prohibition of chemical weapons and to this end undertakes to continue negotiations in good faith with a view to reaching early agreement on effective measures for the prohibition of their development production and stockpiling and for their destruction and on appropriate measures concerning equipment and means of delivery specifically designed for the production or use of chemical agents for weapons purposes Article X 1 The States Parties to this Convention undertake to facilitate and have the right to participate in the fullest possible exchange of equipment materials and scientific and technological information for the use of bacteriological biological agents and toxins for peaceful purposes Parties to the Convention in a position to do so shall also cooperate in contributing individually or together with other States or international organizations to the further development and application of scientific discoveries in the field of bacteriology biology for prevention of disease or for other peaceful purposes 2 This Convention shall be implemented in a manner designed to avoid hampering the economic or technological development of States Parties to the Convention or international cooperation in the field of peaceful bacteriological biological activities including the international exchange of bacteriological biological agents and toxins and equipment for the processing use or production of bacteriological biological agents and toxins for peaceful purposes in accordance with the provisions of the Convention Article XI Any State Party may propose amendments to this Convention Amendments shall enter into force for each State Party accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it Article XII Five years after the entry into force of this Convention or earlier if it is requested by a majority of Parties to the Convention by submitting a proposal to this effect to the Depositary Governments a conference of States Parties to the Convention shall be held at Geneva Switzerland to review the operation of the Convention with a view to assuring that the purposes of the preamble and the provisions of the Convention including the provisions concerning negotiations on chemical weapons are being realized Such review

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  • Los Alamos Study Group
    The ICJ found 1 that the threat or use of nuclear weapons would generally be contrary to humanitarian and other international law regulating the conduct of warfare and 2 that under Article VI of the Nuclear Non Proliferation Treaty and other international law states are obligated to bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control Advisory Opinion Text and Supporting Documents July 8 1996 full text Declaration of Mohammed Bedgaoui President of the International Court of Justice Declaration of Judge Herczegh French text only Declaration of Judge Shi Jiuyong Delcaration of Judge Vereshchetin Declaration of Judge Ferrari Bravo French text only Separate Opinion of Judge Guillaume French text only Separate Opinion of Judge Ranjeva French text only Separate Opinion of Judge Fleischhauer Dissenting Opinion of Judge Weeramantry Dissenting Opinion of Judge Koroma Dissenting Opinion of Judge Higgins Dissenting Opinion of Vice President Schwebel Dissenting Opinion of Judge Oda Dissenting Opinion of Judge Shahabuddeen Additional Resources regarding the Legality of Nuclear Weapons LCNP Annotated Bibliography of Articles Books and Papers concerning the World Court Opinion on Nuclear Weapons Francis A Boyle 2002 The Criminality of Nuclear Deterrence Clarity Press Inc

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