This article suggests that the current nuclear non-proliferation regime is no longer effective due to a failure to disincentivize the leadership and regime elites who make policy decisions regarding nuclear weapons programs. To counter this problem, the article then proposes two international statutory schemes for the criminalization of the proliferation of nuclear weapons. The first proposal is a draft resolution by the United Nations Security Council that would create an international tribunal to investigate and punish acts of nuclear weapons proliferation. The second proposal consists of draft amendments to the Rome Statute of the International Criminal Court that would extend the jurisdiction of the ICC to encompass crimes of nuclear weapons proliferation. Finally, the article analyzes the practical and diplomatic benefits and shortcomings of each of the two proposals, resulting in a final determination that the two proposals would have the greatest deterrent effect on nuclear weapons proliferation if both were enacted in conjunction.
- nuclear weapons non-proliferation,
- United Nations Security Council,
- Rome Statute,
- International Criminal Court,
- Customary International Law