Treaty On The Non-Proliferation of Nuclear Weapons - Leaving The Treaty

Leaving The Treaty

Article X allows a state to leave the treaty if "extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country", giving three months' (ninety days') notice. The state is required to give reasons for leaving the NPT in this notice.

NATO states argue that when there is a state of "general war" the treaty no longer applies, effectively allowing the states involved to leave the treaty with no notice. This is a necessary argument to support the NATO nuclear weapons sharing policy, but a troubling one for the logic of the treaty. NATO's argument is based on the phrase "the consequent need to make every effort to avert the danger of such a war" in the treaty preamble, inserted at the behest of U.S. diplomats, arguing that the treaty would at that point have failed to fulfill its function of prohibiting a general war and thus no longer be binding. Many states do not accept this argument. See United States-NATO nuclear weapons sharing above.

North Korea has also caused an uproar by its use of this provision of the treaty. Article X.1 only requires a state to give three months' notice in total, and does not provide for other states to question a state's interpretation of "supreme interests of its country". In 1993, North Korea gave notice to withdraw from the NPT. However, after 89 days, North Korea reached agreement with the United States to freeze its nuclear program under the Agreed Framework and "suspended" its withdrawal notice. In October 2002, the United States accused North Korea of violating the Agreed Framework by pursuing a secret uranium enrichment program, and suspended shipments of heavy fuel oil under that agreement. In response, North Korea expelled IAEA inspectors, disabled IAEA equipment, and, on January 10, 2003, announced that it was ending the suspension of its previous NPT withdrawal notification. North Korea said that only one more day's notice was sufficient for withdrawal from the NPT, as it had given 89 days before.

The IAEA Board of Governors rejected this interpretation. Most countries held that a new three-months withdrawal notice was required, and some questioned whether North Korea's notification met the "extraordinary events" and "supreme interests" requirements of the Treaty. The Joint Statement of September 19, 2005 at the end of the Fourth Round of the Six-Party Talks called for North Korea to "return" to the NPT, implicitly acknowledging that it had withdrawn.