A/RES/40/85 GA

70 General Assembly-Fortieth Session 3. Urges all States that have not yet done so to exert their best endeavours to become parties to the Convention and the Protocols annexed thereto as early as possible. so as ultimately to obtain universality of adherence; 4. Notes that, under article 8 of the Convention, con- ferences may be convened to consider amendments to the Convention or any of the annexed Protocols, to consider additional protocols relating to other categories of conven- tional weapons not covered by the existing annexed Proto- cols, or to review the scope and operation of the Conven- tion and the Protocols annexed thereto and to consider any proposal for amendments to the Convention or to the existing Protocols and any proposals for additional proto- cols relating to other categories of conventional weapons not covered by the existing Protocols; 5. Requests the Secretary-General as depositary of the Convention and its three annexed Protocols to inform the General Assembly from time to time of the state of adher- ence to the Convention and its Protocols; 6. Decides to include in the provisional agenda of its forty-first session the item entitled "Convention on Prohibitions or Restrictions on the Use of Certain Con- ventional Weapons Which May Be Deemed to Be Exces- sively Injurious or to Have Indiscriminate Effects". I I 3th plenary meeting I 2 December I 98 5 40/85. Conclusion of an international convention on the strengthening of the security of non- nuclear-weapon States against the use or threat of use of nuclear weapons The General Assembly, Conl'inced of the need to take effective measures for the strengthening of the security of States and prompted by the desire shared by all nations to eliminate war and prevent nuclear conflagration, Taking into account the principle of non-use of force or threat of force enshrined in the Charter of the United Nations and reaffirmed in a number of United Nations declarations and resolutions, Considering that, until nuclear disarmament is achieved on a universal basis, it is imperative for the international community to develop effective measures to ensure the security of non-nuclear-weapon States against the use or threat of use of nuclear weapons from any quarter, Recognizing that effective measures to assure non- nuclear-weapon States against the use or threat of use of nuclear weapons can constitute a positive contribution to the prevention of the spread of such weapons, Noting with satisfaction the determination of non- nuclear-weapon States in various parts of the world to pre- vent nuclear weapons from being introduced into their ter- ritories and to ensure the complete absence of such weap- ons in their respective regions, including through the establishment of nuclear-weapon-free zones on the basis of arrangements freely arrived at among the States of the region concerned, and being anxious to encourage and contribute to the attainment of this objective, Concerned at the continuing escalation of the arms race, in particular the nuclear-arms race having entered a quali- tatively new stage, and the possibility of the use or threat of use of nuclear weapons and the danger of nuclear war, 15Thc Committee on Disarmament was redesignated the Conference on Disarmament as from 7 February 1984. 16 Official Records of the General Assembly. Twelfth Special Semon, Sup- plement No. 2 (A/S-1212), sect. 111.C. Desirous of promoting the implementation of paragraph 59 of the Final Document of the Tenth Special Session of the General Assembly, 10 the first special session devoted to disarmament, in which it urged the nuclear-weapon States to pursue efforts to conclude, as appropriate, effective arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, Recalling its numerous resolutions on this subject as well as the relevant part of the special report of the Com- mittee on Disarmament 15 submitted to the General Assembly at its twelfth special session, 16 the second special session devoted to disarmament, Noting that the Conference on Disarmament considered in 1985 the item entitled "Effective international arrange- ments to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons", and the work done by its Ad Hoe Committee on this item, as reflected in the report of the Conference on Disarmament, 17 Noting further that this consideration revealed that an overwhelming number of delegations, including those of the nuclear-weapon States, stressed the importance of that item and their readiness to engage in a substantive dia- logue on the issue, Recalling the proposals submitted on this subject to the General Assembly and in the Conference on Disarma- ment, including the drafts of an international convention, and the widespread international support for the conclu- sion of such a convention, Further recalling that the idea of interim arrangements as a first step towards the conclusion of such a convention has also been considered in the Conference on Disarma- ment, Welcoming once again the solemn declarations made by some nuclear-weapon States concerning non-first use of nuclear weapons, and convinced that, if all nuclear- weapon States were to assume obligations not to be the tirst to use nuclear weapons, that would be tantamount in practice to banning the use of nuclear weapons against all States, including all non-nuclear-weapon States, Considering that the non-nuclear-weapon States having no nuclear weapons on their territories have every right to receive reliable international legal guarantees against the use or threat of use of nuclear weapons, Being aware that unconditional guarantees by all nuclear-weapon States not to use or threaten to use nuclear weapons under any circumstances against the non-nuclear- weapon States having no nuclear weapons on their terri- tories should constitute an integral element ofa mandatory system of norms regulating the relations between the nuclear-weapon States, which bear the primary responsi- bility for preventing a nuclear war, thus sparing mankind from its devastating consequences, I. Reaffirms once again the urgent need to reach agree- ment on effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons and to find a common approach acceptable to all, which could be included in an interna- tional instrument of a legally binding character; 2. Considers that the Conference on Disarmament should continue to explore ways and means of overcoming the difficulties encountered in carrying out negotiations on this question; 3. Requests the Conterence on Disarmament to con- tmue active consideration on this subject, including 17 fb,d., Fometh Semen Supplement No. 27 (N40127 and Corr.I), sect. 111.F III. Resolutions adopted on the reports of the First Committtt ___________________ 7_1 through re-establishment of the Ad Hoe Committee on Effective International Arrangements to Assure Non- Nuclear-Weapon States against the Use or Threat of Use of Nuclear Weapons as soon as practicable, at its 19 86 ses- sion, with a view to concluding an international instru- ment of a legally binding character to assure non-nuclear- weapon States against the use or threat of use of nuclear weapons; 4. Decides to include in the provisional agenda of its forty-first session an item entitled "Conclusion ?f effective international arrangements on the strengthening of the security of non-nuclear-weapon States against the use or threat of use of nuclear weapons". 113th plenary meeting 12 December 1985 40/86. Conclusion of effective international arrange- ments to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons The General Assembly, Bearing in mind the need to ally the legitimate concern of the States of the world with regard to ensuring lasting security for their peoples, Convinced that nuclear weapons pose the greatest threat to mankind and to the survival of civilization, Deeply concerned at the continuing escalation of the arms race, in particular the nuclear-arms race, and the pos- sibility of the use or threat of use of nuclear weapons, Convinced that nuclear disarmament and the complete elimination of nuclear weapons are essential to remove the danger of nuclear war, Taking into account the principle of the non-use of force or threat of force enshrined in the Charter of the United Nations, Deeply concerned about the possibility of the use or threat of use of nuclear weapons, Recognizing that the independence, territorial integrity and sovereignty of non-nuclear-weapon States need to be safeguarded against the use or threat of use of force, inclu- ding the use or threat of use of nuclear weapons, Considering that, until nuclear disarmament is achieved on a universal basis, it is imperative for the international community to develop effective measures to ensure the security of non-nuclear-weapon States against the use or threat of use of nuclear weapons from any quarter, Recognizing that effective measures to assure the non- nuclear-weapon States against the use or threat of use of nuclear weapons can constitute a positive contribution to the prevention of the spread of nuclear weapons, Recalling its resolutions 3261 G (XXIX) of 9 December 1974 and 31/189 C of2l December 1976, Bearing in mind paragraph 59 of the Final Document of the Tenth Special Session of the General Assembly, 10 in which it urged the nuclear-weapon States to pursue efforts to conclude, as appropriate, effective arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, Desirous of promoting the implementation of the rele- vant provisions of the Final Document of the Tenth Spe- cial Session, Recalling its resolutions 33/72 B of 14 December 1978, 34/85 of 11 December 1979, 35/155 of 12 December 1980, 36/95 of 9 December 1981, 37/81 of 9 December 18 See A/38/132-S/I 5675 and Corr. I and 2, annex. sect. I, para. 30. 1982, 38/68 of 15 December 1983 and 39/58 of 12 December 1984, Further recalling paragraph 12 of the Declaratio~ of t~e 1980s as the Second Disarmament Decade, contained in the annex to its resolution 35/46 of 3 December 1980, which states inter a/ia, that all efforts should be exerted by the Committee on Disarmament15 urgently to negotiate with a view to reaching agreement on effective interna- tional arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, Noting the in-depth negotiations undertaken in the Con- ference on Disarmament and its Ad Hoe Committee on Effective International Arrangements to Assure Non- Nuclear-Weapon States against the Use or Threat of Use of Nuclear Weapons, 17 with a view to reaching agreement on this item, Noting the proposals submitted under this item in the Conference on Disarmament, including the drafts of an international convention, Taking note of the decision of the Seventh Conference of Heads of State or Government of Non-Aligned Countries, held at New Delhi from 7 to 12 March 1983, 18 as well as the relevant recommendations of the Organization of the Islamic Conference reiterated in the Final Communique of the Fifteenth Islamic Conference of Foreign Ministers, held at Sanaa from 18 to 22 December 1984, 19 calling upon the Conference on Disam1ament to reach an urgent agreement on an international convention to assure non- nuclear-weapon States against the use or threat of use of nuclear weapons, Further noting the support expressed in the Conference on Disarmament and in the General Assembly for the elaboration of an international convention to assure non- nuclear-weapon States against the use or threat of use of nuclear weapons, as well as the difficulties pointed out in evolving a common approach acceptable to all, I. Reaffirms the urgent need to reach agreement on effective international arrangements to assure non-nuclear- weapon States against the use or threat of use of nuclear weapons; 2. Notes with sat14action that in the Conference on Disarmament there is no objection, in principle, to the idea ofan international convention to assure non-nuclear- weapon States against the use or threat of use of nuclear weapons, although the difficulties as regards evolving a common approach acceptable to all have also been pointed out; 3. Appeals to all States, especially the nuclear-weapon States, to demonstrate the political will necessary to reach agreement on a common approach and, in particular, on a common formula which could be included in an interna- tional instrument of a legally binding character; 4. Recommends that further intensive efforts should be devoted to the search for such a common approach or common formula and that the various alternative approaches, including in particular those considered in the Conference on Disarmament, should be further explored in order to overcome the difficulties; 5. Recommends that the Conference on Disarmament should actively continue negotiations with a view to reach- ing early agreement and concluding effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, taking into account the widespread support for the conclusion of an international convention and giving consideration to any other proposals designe-d to secure the same objective; 19 See A/401173-S/17033, annex I.

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