Article 1(1) Prohibitions
Each State Party undertakes never under any circumstances to:
(a) Develop, test, produce, manufacture, otherwise acquire, possess or stockpile nuclear weapons or other nuclear explosive devices;
(b) Transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly or indirectly;
(c) Receive the transfer of or control over nuclear weapons or other nuclear explosive devices directly or indirectly;
(d) Use or threaten to use nuclear weapons or other nuclear explosive devices;
(e) Assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Treaty;
(f) Seek or receive any assistance, in any way, from anyone to engage in any activity prohibited to a State Party under this Treaty;
(g) Allow any stationing, installation or deployment of any nuclear weapons or other nuclear explosive devices in its territory or at any place under its jurisdiction or control.
The prohibitions of the TPNW are contained in Article 1 of the Treaty. In the following sections, the Nuclear Weapons Ban Monitor sets out interpretations of each of the prohibitions and evaluates the extent to which all states—regardless of whether they have consented to be bound by the Treaty—acted in accordance with them in 2022. On the basis of their policies and practices, states parties and signatories are categorised as either ‘compliant’ or ‘not compliant’, whereas states not party are categorised as either ‘compatible’ or ‘not compatible’. Where a state has been assessed to be ‘of concern’, this means that worrying developments in the state warrant close attention. The conclusion of the assessments for each respective state can be found in the state profiles in this report.
Every state may lawfully sign and ratify the TPNW, but the 57 states not yet party whose conduct is fully compatible with all of the prohibitions can adhere to the Treaty knowing that they meet its demands without making any changes to their existing policies and practices. The 44 states listed in Figure 6 above that engaged in conduct in 2022 which is not compatible with one or more of the prohibitions would have to make varying degrees of changes to their existing policies and practices to enable compliance.
Changes in 2022
The figure below disaggregates compliance and compatibility in 2022 for each of the Article 1 prohibitions. Most importantly, the conduct of the nine nuclear-armed states was again not compatible with the prohibitions in Article 1(1)(a) on developing, producing, manufacturing, or acquiring nuclear weapons, or on possessing or stockpiling them. In 2022, however, three states—Russia, North Korea, and France—were found to be not compatible with the TPNW’s prohibition in Article 1(1)(d) on threatening to use nuclear weapons, whereas in the previous year no clear cases of states threatening to use nuclear weapons had been recorded.
The prohibition in Article 1(1)(e) on assisting, encouraging, or inducing prohibited acts, however, continued in 2022 to stand out as the one where the greatest number of states have policies and practices that are not compatible. The Ban Monitor found that a total of 38 states assisted, encouraged, or induced acts in 2022 that are prohibited by the TPNW. This was an increase of two compared with 2021, because Sweden and Finland in 2022 made declarations and statements that amount to encouragement of other states’ possession of nuclear weapons.
There was also an increase by one in the number of states that were found to be not compatible with the prohibition in Article 1(1)(f) on seeking or receiving assistance to engage in a prohibited act under the TPNW, as a result of South Korea’s requests in 2022 for further integration into the United States’ nuclear planning and exercising.