The international legal framework for nuclear security has developed and evolved significantly over several decades. Following the terrorist attacks of 11 September 2001 in the United States of America, countries increased their efforts to strengthen the global legal framework in order to enable them to better prevent, detect and respond to terrorist and other criminal or intentional unauthorized acts involving or directed at nuclear and other radioactive material, associated facilities or associated activities.
More and more countries are joining international legal instruments that promote stronger nuclear security around the world, including countries that do not have domestic nuclear facilities or materials such as those used in nuclear power plants or research reactors.
As of April 2024, a total of 136 States have become Parties to the Amendment to the Convention on the Physical Protection of Nuclear Material (A/CPPNM). The Amendment came into force in May 2016 and was developed as part of the aforementioned broader push to strengthen the global legal framework with the aim of preventing nuclear and other forms of terrorism involving weapons of mass destruction.
“The international legal framework is an essential part of global nuclear security,” says Peri Lynne Johnson, Legal Adviser and Director of the IAEA’s Office of Legal Affairs. “It provides a foundation for establishing effective nuclear security regimes, establishes mechanisms for cooperation and assistance in mitigating and minimizing the radiological consequences of a nuclear security incident, and harmonizes approaches to combating a range of criminal acts”.
The Amendment significantly strengthens the original Convention in a number of ways. It sets out obligations for States Parties to ensure the physical protection of all nuclear material and nuclear facilities used for peaceful purposes under their jurisdiction. It makes the smuggling of nuclear material and the sabotage of nuclear facilities criminal offences. The Amendment also provides for enhanced international cooperation, including assistance and information sharing in the event of sabotage.
The Convention as amended was reviewed for the first time in 2022, at the Conference of the Parties to the Amendment to the CPPNM, held at the IAEA’s headquarters in Vienna. This gathering was an opportunity for States Parties to assess the implementation and adequacy of the Convention as amended, in light of the prevailing situation at the time.
According to Ambassador Benno Laggner, Co-President of the Conference, “The 2022 A/CPPNM Review Conference was a success: it adopted a consensus outcome document despite the challenging geopolitical context. It provided a forum for sharing information, lessons learned and best practices, and created momentum for further universalization of the CPPNM and its Amendment”.
Efforts aimed at universalization
The IAEA continues to encourage States to adhere to and implement the Convention as amended. Among other benefits, universal adherence to the relevant international legal instruments will help to eliminate weaknesses that could be exploited by terrorists and other criminals intending to carry out malicious acts and evade justice.
“Zimbabwe recently became a State Party to the A/CPPNM and, in demonstration of its continued commitment to a strong global nuclear security regime, legislative review processes are currently under way to ensure that a comprehensive framework is in place to meet our obligations under the Convention,” says Justice Chipuru, Chief Executive Officer of the Radiation Protection Authority of Zimbabwe. “Universalisation of the A/CPPNM will assure us of a safer and more secure world”.
However, further work needs to be done to encourage more States to become Parties to the Convention as amended. As of April 2024, 28 States Parties to the Convention had not yet joined its Amendment, and 33 countries had not joined the Convention or its Amendment.
IAEA assistance to States
The IAEA offers a range of legislative and technical assistance to support the objective of universalization, including regular meetings, regional and national workshops, and missions. In 2023, the IAEA held its first technical meeting specifically focused on universalization.
The IAEA also works bilaterally with States to address nuclear security needs through Integrated Nuclear Security Sustainability Plans (INSSPs). INSSPs take account of adherence to legally binding international instruments and the status of national laws relevant to nuclear security.
The IAEA’s legislative assistance takes a comprehensive approach, covering all aspects of nuclear law, including nuclear safety, security, safeguards and liability for nuclear damage. The IAEA works with Members States on nuclear law, upon request, to help raise awareness and train officials, and to help them develop, assess and revise national legislation in order to meet their obligations under the international legal instruments to which they are party, or which they intend to join. In terms of nuclear security, bilateral legislative assistance is provided in drafting and revising national legal provisions on nuclear security, criminalization and other elements of an adequate national legal framework.
Legally non-binding instruments
In addition to legally binding instruments, several legally non-binding instruments are an important part of the international legal framework on nuclear security. The Code of Conduct on the Safety and Security of Radioactive Sources provides guidance on ensuring adequate safety and security throughout the lifecycle of radioactive sources, from initial production to final disposal. An ever-increasing number of States are expressing a political commitment to follow the guidance set out in the Code, as well as its supplementary Guidance on the Import and Export of Radioactive Sources and Guidance on the Management of Disused Radioactive Sources. As of April 2024, 151 States had made a political commitment to follow the Code.
Furthermore, an increasing number of guidance documents published as part of the IAEA’s Nuclear Security Series (NSS) are available to support countries in strengthening their national systems in order to protect nuclear and other radioactive material and related facilities from unauthorized activities. IAEA publications such as the NSS can provide timely guidance about how to achieve effective nuclear security, including by helping States to implement their obligations under legally binding instruments, and by providing a level of technical detail that could not necessarily be included in a treaty.
