Year
2005
Abstract
In April 2004, the United Nations Security Council unanimously passed Resolution 1540, effectively criminalizing the proliferation of weapons of mass destruction. This historic Resolution requires U.N. Member States to enact and enforce appropriate effective measures to prevent the transfer of nuclear, biological, and chemical (NBC) weapons, and their means of delivery. Although Resolution 1540 has not received much attention, it has important implications for the international nonproliferation regime and for nuclear materials management. Resolution 1540 is not the first time the Security Council has required all of its Member States to take action. Following the events of September 11, 2001, the Council passed Resolution 1373 condemning terrorism, and resolving to prevent the financing of terrorist acts. Resolution 1373 established the Counter-Terrorism Committee (CTC) to monitor the implementation of the Resolution and to increase the capability of States to fight terrorism. Resolution 1540 is similar in form, but goes a step farther, requiring states to refrain from providing any form of support to non-state actors that attempt to develop, acquire, manufacture, possess, transport, transfer, or use NBC weapons and their means of delivery. It also requires states to adopt and enforce appropriate effective laws to prohibit these actions, and requires that the states take and enforce effective measures to establish domestic controls to prevent proliferation of NBC weapons and their means of delivery.