wolfram tonhauser head, nuclear and treaty law section

IAEAInternational Atomic Energy Agency

Nuclear Security

4th World Nuclear University Summer Institute

5 July- 15 August 2008 University of Ottawa, Canada

Wolfram TonhauserHead, Nuclear and Treaty Law Section

Office of Legal Affairs

IAEA

Overview

• The challenge• The risk• The definition• The international and national legal framework• The international initiatives• The issues

IAEA

The challenge

More than:

• 25.000 nuclear weapons• 3.000 tons civil and military HEU and Pu

• 480 research reactors (>160 with HEU)• 100 fuel cycle facilities

• 440 operating nuclear power plants• 100.000 Cat I and II radioactive sources• 1.000.000 Cat III radioactive sources

IAEA

The risk

• Theft of a nuclear weapon

• Theft of nuclear material to make an improvised nuclear device (IND)

• Theft of other radioactive material for radiological dispersal devices (RDD) or radioactive explosive devices (RED)

• Sabotage of a facility or during nuclear material transport

IAEA

The definition

(1) Prevention; (2) detection; and (3) response to:

theft, sabotage, unauthorized access, illegal transfer or other malicious acts

involving:

nuclear material or other radioactive substances or their associated facilities

IAEA

The international legal framework

IAEA

Convention on the Physical Protection of Nuclear Material

Scope:

Physical protection of nuclear material during internationaltransport

Criminalisation of offences(prosecution or extradition)

International co-operation and information exchange

The international legal framework contd.

IAEA

The Amendment to the CPPNM

Scope (Extended):

Physical Protection of nuclear facilities and material in domestic use, storage and transport

New offences relating to nuclear smuggling/illicit trafficking and sabotage

Expanded co-operation among States regarding stolen or smuggled nuclear material, sabotage, and related offences


IAEA

Code of Conduct on the Safety and Security of Radioactive Sources

Scope:

Security of sealed sources

Not nuclear material or unsealed sources


IAEA

International Convention for the Suppression of Acts of Nuclear Terrorism

Scope:

All radioactive material, including nuclear material

Similar subject matter as the CPPNM and its Amendment (i.e. physical protection, criminalization of offences and international cooperation)

Refers to IAEA recommendationsregarding the physical protection of radioactive material


IAEA


The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention)

Scope:

All ships except warships

Criminalisation of offences (prosecution or extradition)

International cooperation and information exchange

2005 Protocol extends scope to include criminalisation of maritime transport of terrorists, terrorist acts and of unlawful transport of WMD and related materials

IAEA


• Freezing of funds and other economic resources

• Refraining from any form of support for such acts

• Criminalization• International cooperation

United Nations Security Council Resolution 1373 (2001)

Scope:

Terrorist acts

States to prevent and suppress such acts through:

IAEA

UN Security Council Resolution 1540 (2004)

Scope:

Weapons of mass destruction (WMD) (nuclear, biological, chemical) and related material

States to prohibit non-States actors from acquiring such weapons and material through:

• adoption of laws• enforcement measures• domestic controls


IAEA

The national legal framework

• Establishment of a Regulatory Authority• System of Licensing, Inspection and Enforcement• Criminalization Provisions• International Cooperation• Import/Export Controls

Five fundamental elements of national legislation relating to security

IAEA

The international initiatives

Three activity areas:

1) Needs assessment, analysis and coordination;

2) Prevention; 3) Detection and Response.

Activities include:

• Promoting adherence to international legal instruments and their implementation

• Developing nuclear security recommendations and guidelines

• Evaluation and advisory services • Human resource development

IAEA Nuclear Security Plan (2006-2009)

First adopted in 2001 by the IAEA Board of Governors and General Conference

IAEA

The international initiatives contd.

Proliferation Security Initiative (PSI)

• U.S. lead initiative launched in 2003

• Originally “Core Group” of 11 countries (U.S., Australia, France, Germany, Italy, Japan, Netherlands, Poland, Portugal, Spain, andUK) – now more than 90 countries

• PSI Statement of Interdiction Principles

• Political commitment by states to promote international cooperation to interdict shipments of WMD, their delivery systems and related materials worldwide

IAEA

UN Security Council Resolution 1540

• Adopted in 2004 by the UNSC under Chapter VII of the UN Charter and as such legally binding

• Deals with WMD, related material and non-State actors

• Establishes the 1540 Committee to monitor implementation of the resolution


IAEA

EU Strategy Against the Spread of Weapons of Mass Destruction

• Established in 2004

• One of the most important initiatives together with the IAEA in implementing nuclear security enhancements in States (contribution of about 20m Euro)

• Supports the activities of the IAEA’s Nuclear Security Plan of Activities


IAEA


UN Global Counter-Terrorism Strategy

• Adopted in September 2006 by the UN General Assembly

• Measures for States (individually and collectively) to:

• Prevent and combat nuclear terrorism • Protect human rights and uphold rule of law while countering

nuclear terrorism

• Establishes Counter Terrorism Implementation Task Force (CTITF) to coordinate and strengthen efforts in the UN system

IAEA

Global Initiative to Combat Nuclear Terrorism (GICNT)

• Established in 2006 by the Presidents of the Russian Federation and USA

• Originally 13 GICNT, “Partner Nations” – now more than 70 countries

• States to combat nuclear terrorism consistent with national legal authorities and obligations they have under relevant international instruments notably the ICSANT, the CPPNM and its Amendment, and UNSCR 1373 and 1540


IAEA


World Institute for Nuclear Security (WINS)

• Agreement in 2006 by the Nuclear Threat Initiative (NTI) and theInstitute of Nuclear Material Management (INMM), with the support of the US Department of Energy and in consultation with IAEA

• Foreseen to be an independent non-profit foundation headquartered in Vienna, Austria

• Proposed to be a coordinating and facilitating body for the sharing of information by its members (i.e. nuclear facilities operators) about nuclear material security best practices

IAEA

Nuclear Threat Initiative

• Non-profit organization working to reduce the global threats from WMD

• NTI contributes to the 2004 Global Threat Reduction Initiative (GTRI)

• Repatriation to USA of more 1000 RR spent fuel assemblies in total in 1999- 2006 from Austria, Germany, Greece, Italy, Netherlands, Romania, Slovenia, and Sweden

• Repatriation to Russia of spent fuel from RR in Bulgaria, Czech Republic, Latvia, Libya, Poland, Romania and Serbia


http://www.nti.org/index.html

IAEA

IAEA initiative on assurances of supply

• Altogether twelve proposals for a multilateral approach to the nuclear fuel cycle

• Three are in more concrete form:

• Russian proposal (international enrichment centre with IAEA reserve)

• German proposal (multilateral and extra-territorial enrichment centre)

• NTI proposal (IAEA owned and managed LEU stockpile)


IAEA

Points to remember

• Continued risk requires continued efforts

• Complex international legal framework

• Numerous international initiatives from various sides increase pressure

• Interrelation sometimes unclear

IAEA

The issues

• How do international instruments and initiatives fit together- lead role of the IAEA?

• Give all States confidence that other States are implementing the same security standards - weakest link theory

• Make international reviews of both safety and security regular part of business

IAEA

The issues contd.

• Nuclear industry should pursue a philosophy of sustained improvement in nuclear security as it has in nuclear safety (nuclear security culture)

IAEA

The issues contd.

• All States with nuclear weapons, HEU or weapons-usable Pushould seek to consolidate these stocks at the smallest practicable number of secure sites

• Convert HEU Research reactors to LEU or shut down

IAEA

The issues contd.

• Strengthen international cooperation to detect terrorist nuclear plots and nuclear smuggling – ITDB (more than 100 States participating)

• Establish an international database for nuclear forensics

• Expand capabilities of the IAEA Incident and Emergency Response Centre

IAEA

The issues contd.

• Civil liability and compensation for security incidents

IAEA

Useful internet links

IAEAInternational legal instruments < http://ola.iaea.org/OLA/treaties/multi.asp >Nuclear Security Plan (2006-2009) < www-ns.iaea.org/security/default.htm >

UNGlobal Counter-Terrorism Strategy < www.un.org/terrorism/strategy-counter-terrorism.shtml >1540 Committee < www.un.org/sc/1540/ >

EUStrategy Against the Spread of WMD < www.consilium.europa.eu/wmd >

U.S. (Department of State)Proliferation Security Initiative (PSI) < http://usinfo.state.gov/products/pubs/proliferation/ >Global Initiative to Combat Nuclear Terrorism (GICNT) < http://www.state.gov/t/isn/c18406.htm >

NTINuclear Threat Initiative < www.nti.org/ >

IAEA

THANK YOU FOR YOUR ATTENTION

wolfram tonhauser head, nuclear and treaty law section

Documents