To be taken seriously by the nuclear weapon states, the growing community of ban treaty states and peace activists worldwide must be willing to continue to be bold and take political risks, as they did in getting the treaty. They must put at the heart of their relationship with the weapon states the treaty’s acknowledgment of “the ethical imperatives for nuclear disarmament and the urgency of achieving and maintaining a nuclear-weapon-free world, which is a global public good of the highest order, serving both national and collective security interests.”
Persuading nuclear weapon states to join the treaty will not be easy. It will require that governments and citizens use new forms of international politics that the treaty empowers. For example, politically charged demands for nuclear disarmament—perhaps avoided as too sensitive a topic in the past—can now be brought up as a matter of course when presidents and prime ministers from ban treaty states meet with their counterparts in nuclear weapon states. Along with trade and investment and tourism and sports delegations, ban treaty countries can now sponsor disarmament delegations, to explain why they signed the treaty—and why weapon states should do the same. Along with these types of engagement, of course, there can also be sanctions and boycotts. The ban treaty permits a politics of nuclear naming and shaming, shunning and divestment. These tools are well established when it comes to human rights and war crimes; they can be applied with new force to nuclear weapon sites, institutions, officials, and employees.
Ban treaty states could seek to further embed the treaty’s prohibitions into international law by seeking an amendment to the statute of the International Criminal Court to make the use of nuclear weapons a war crime. The court’s statute permits such an amendment if it relates to “weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition.” The ban treaty is a comprehensive prohibition, and many ban states are signatories of the International Criminal Court statute and could build a majority in support of such an amendment.Taking the nuclear ban treaty forward – Bulletin of the Atomic Scientists