Round Table Discussion: Towards Indonesia’s Ratification of Treaty on the Prohibition of Nuclear Weapons (TPNW)

On March 5^th, Institute of International Studies, International Relations Department of Universitas Gadjah Mada collaborated with International Relations Department of Universitas Paramadina in organizing Round Table Discussion on Indonesia’s process towards the ratification of Treaty on Prohibition of Nuclear Weapons (TPNW). This event was attended by various stakeholders, including scholars, government, and the military. Dr. Tatok D. Sudiarto, MIB—Head of the International Relations Department of Universitas Paramadina—along with Dr. Muhadi Sugiono, MA– lecturer from International Relations Department of Universitas Gadjah Mada, as well as campaigner of International Campaign to Abolish Nuclear Weapons (ICAN)—officially started off the event.

The existence of nuclear weapons is closely related to the Cold War. However, nuclear weapons never ceased to develop after it ended. Despite considerable amount of bilateral and multilateral efforts to achieve disarmament, the existence of nuclear weapons endures, partly due to the myth that believes nuclear weapons are beneficial to peace. This condition encouraged civil society, through CSOs, to change the view.

Since 2013, a different perspective in examining nuclear weapons has developed. Instead of mere weapon, nuclear weapons are viewed as a threat to humanity, be it because of its explosion, radiation, or environmental damage. Rather than standing by itself as the only peril to human existence, nuclear weapons might also present itself as a start of an even worse climate crisis.

The effort to abolish nuclear weapons could not succeed through Non-Proliferation Treaty (NPT), as the regime had legal loopholes and lacked legal basis to justify why countries were obliged to disarm. Said flaws encouraged the formulation of Treaty on the Prohibition of Nuclear Weapons (TPNW). The enforcement of the treaty gave birth to a legal framework capable of deeming nuclear weapons illegal, so that anyone developing them could be sentenced. TPNW has been adopted since 2017, with 122 countries in favor, 1 abstain, and 1 country against. To date, 82 countries have signed the treaty, including Indonesia. To enable TPNW to enter into force, at least 50 countries have to ratify it. Thus far, 35 countries have ratified the treaty, a large portion of them small countries affected by past trials of nuclear weapons. The adoption of TPNW will not weaken NPT, but rather positively impact its implementation. TPNW requires a greater commitment from state parties on its nuclear program.

International Committee of the Red Cross (ICRC) reckons that it is inadequate to consider nuclear weapons merely from legal perspective. International humanitarian law believes that regulations on nuclear weapons should refer to the opinion of the International Court of Justice in 1996 on the Legality of the Threat or Use of Nuclear Weapons. Referring to the Opinion, nuclear weapons are absolutely prohibited, as they violate plenty of humanitarian principles. However, as it was an advisory opinion, it was not binding and only constituted further debate on what was written. In viewing nuclear weapons, it is also imperative to consider Klausula Martens, which stated that an act of war that has not been specifically regulated under an international community regime needs to be regulated based on humanitarian principles and public opinion.

A few options are available for Indonesia regarding nuclear weapons, which are to ban, to regulate, or to permit its use. Considering Indonesia is one of the first to sign TPNW, she is morally bound to obey the treaty. Therefore, the only thing left to be discussed is its ratification, which relies on the synergy and cooperation between the Ministry of Defense and the Ministry of Foreign Affairs. The challenge that must be tackled in the process of disarmament is the military opinion that nuclear weapons are vital for deterrence of power, which believes that countries need to possess power to dominate other countries in order to tone down aggression.

Now is the right time to ratify TPNW. In the future led by milennials, perceptions on weapons will shift to a more nationalist, assertive, and aggressive view. Future leaders will not see nuclear as an atomic bomb, but rather as a low-yield nuclear weapon with explosive force of only a few kilotons,  appropriate to be deployed anywhere. Election trends in 2029 might also be utterly different, filled with issues regarding domestic politics, caliphate, and conservative members of the assembly, hindering attention on ratification process that tends to be extensive. Fortunately, the Minister of Foreign Affairs, Retno Marsudi, realized the importance of TPNW and declared that Indonesia is on its way to ratification.

One of the critics brought up about RTD is the absence of the term ‘weapon’ in TPNW. Its absence was on purpose, which was to anticipate potential shift of existing definitions due to nuclear technology advancement. However, we need to acknowledge that this extension constitutes a blurred and overgeneralized definition.

It is remarkable that the creation of TPNW succeeded in spite of the resentment from countries who own nuclear weapons. As TPNW was purely initiated by third-world countries or countries from the global south, its formulation was not pressured by nuclear weapon owners and more determined by countries victim to nuclear weapons. In the context of deterrence, nuclear weapons may not constitute large-scale wars, but instead small-scaled ones.

As a middle power, Indonesia is quite influential in shaping the international community to be more predicted and in order. Therefore, it is necessary Indonesia to ratify the TPNW in order to strengthen the international effort to abolish nuclear weapons entirely. Ratification will not inflict a significant loss on Indonesia, but rather bring significant gain to the international community. In addition, the treaty doesn’t limit the development of nuclear energy for peaceful uses.

Lastly, TPNW is expected to change approaches to nuclear weapon as a political tool. The process of ratification is in the hands of the Directorate of International Cooperation and Disarmament of the Ministry of Foreign Affairs and the president. It is highly dependent on whether the president identifies this issue as an urgent matter or not.

Writer : Denise Michelle
Translator : Medisita Febrina