To Prohibit Weapons of Mass Destruction, Including Nuclear Weapons, and to Create a World Disarmament Agency
Short title: Bomb Prohibition
RECOGNIZING that the abolition of war requires complete nuclear disarmament and the elimination of all weapons of mass death and destruction as the first priority for survival of humanity on Earth;
Recognizing that any arms limitation or disarmament schemes or proposals that do not immediately provide for complete and universal disarmament are inadequate, and that life on Earth is not safe so long as any nuclear weapon or facilities for producing nuclear weapons remain;
Recognizing that disarmament negotiations among nations, together with protests against armaments by people, have continued over decades, while wars have followed one after the other and armaments have greatly increased and continued to increase;
Recognizing, further, the immediate and extreme dangers of nuclear war, and that as a consequence immediate action by an agency representing the welfare of humanity as a whole is required to take actions to secure complete and universal nuclear disarmament and the elimination of all weapons of mass destruction;
THEREFORE, be it enacted by this Provisional World Parliament in first session, September, 1982:
1. From the date of adoption of this Act by the Provisional World Parliament, all nuclear weapons, and all weapons of mass destruction (WMDs) as defined in the appendix to this act, are unlawful under the Earth Constitution. It is universally unlawful anywhere on Earth to design, engage in research thereon, test, produce, manufacture, fabricate, transport, deploy, install, maintain, store, stockpile, sell, buy or detonate any nuclear weapons or other weapons of mass destruction as defined herein.
1.1. design, engage in research thereon, or
test (class 6 felony)
1.2. produce, manufacture, fabricate (class 1 felony)
1.3. transport, deploy, install (class 1 felony)
1.4. maintain, store, stockpile (class 1 felony)
1.5. sell (class 5 felony)
1.6. buy (class 6 felony)
1.7. detonate (class 7 felony) or
1.8. direct violation of world legislation by request or command (One classification level higher than violation, except if class 7 felony, then class 7 felony)
2. This Act establishes a World Disarmament Agency (WDA) that has the authority and responsibility to implement this Act and to supervise military disarmament throughout the world, to immobilize, dismantle, convert to peaceful uses or otherwise eliminate from Earth all weapons of mass destruction, including nuclear weapons and the elimination of the design, research thereon, testing, manufacture, transport, deployment, storage, maintenance or use of WMDs.
3. Until a more fully operative democratic world federation is established, the World Disarmament Agency is responsible to the Provisional World Parliament, and to a Provisional World Cabinet that is created by the Parliament.
4. The World Disarmament Agency (WDA) has a Board of Trustees of from 15 to 275 members, of which not more than 30 may come from any one continent and not more than 10 may come from any one country, with not more than one-third at any time from any single continent. The Board of Trustees shall determine the organization and functioning of the World Disarmament Agency in accordance with the terms of this Act, and in accordance with the provisions of World Legislative Act #14 .03 (World Attorneys General). The Board of Trustees shall act in conformance with the Earth Constitution, while at all times responsible to the Cabinet and Parliament. No nation may have veto powers in the decisions of the World Disarmament Agency.
The composition of the Board of Trustees of the WDA is as follows:
4.1. Up to 50 members shall be appointed by the Provisional World Cabinet or by a Standing Parliamentary Committee on Disarmament if the Provisional World Cabinet is not functional within three months from the date of the adoption of this Act;
4.2. Up to 50 members may be named by countries ratifying the Earth Constitution;
4.3. Up to 50 members may be named by local or regional authorities ratifying the Earth Constitution;
4.4. Up to 25 members may be named by universities or colleges ratifying the Earth Constitution;
4.5. Up to 100 members may be named by other non-governmental organizations ratifying the Earth Constitution.
5. As part of the process of implementation, the Cabinet of the Provisional World Parliament shall submit this Act for compliance by all national governments and by all national parliaments, together with a direction for compliance by communities, cities, states, provinces, or other political districts, and by universities, colleges, schools, institutes, labor unions, professional associations, corporations, cooperatives, other businesses, and by individual citizens throughout the world and of every country. The Provisional World Cabinet shall advise the U.N. Center for Disarmament of this legislation and the actions arising from it. The World Disarmament Agency must observe and direct disarmament arrangements consistent with the provisions of Article 17, Section A-9, of the Earth Constitution relating to paired ratification and disarmament.
5.1. Individuals must not perform work related to nuclear weapons or other defined weapons of mass destruction, neither in factory, laboratory, university, government agency, or otherwise, nor in any capacity in the design, testing, fabrication, transport, production, deployment, storage, or maintenance of any nuclear weapon or defined weapon of mass destruction. Work of dismantlement or conversion under the supervision of the World Disarmament Agency is excluded from this provision.
5.2. Communities, cities, counties, provinces, states or other governing units within nations shall immediately proceed, within their constitutional powers and insofar as possible, to immobilize or render inoperable any WMDs within their boundaries. Governing units shall also require the cessation of all design, testing, production, deployment, transport, storage or maintenance of all WMDs with their boundaries. . Governing units shall recognize supervision of dismantlement or conversion of all WMDs within their boundaries by the World Disarmament Agency for complete dismantling, conversion to peaceful uses or elimination, together with the means for producing such weapons. To avoid conflicts of jurisdictional level within prohibitions enacted by Governing units, the governing unit must recognize the world federal jurisdiction regarding any violations described in World Legislation.
5.3. Universities, colleges, institutes and schools shall immediately cease and prohibit within their administration or control any design, research, testing, training or any other work in connection with nuclear weapons and other weapons of mass death and destruction. Design, research, testing and training for dismantlement or conversion under the supervision of the World Disarmament Agency is excluded from this provision.
5.4. Unions, corporations, professional associations, and other businesses and groups shall immediately cease any work in connection with nuclear weapons and other weapons of mass destruction. Groups shall require their members, officers, and employees to comply so that none may engage in any design, testing, research, production, transport, deployment, maintenance, or other work with WMDs. Work of dismantlement or conversion under the supervision of the World Disarmament Agency is excluded from this provision.
5.5. Each national government , national parliament, and national court shall require the immediate immobilization and defusing of any nuclear weapons and other weapons of mass destruction within its borders or under its jurisdiction or direction anywhere in the world, together with the immediate cessation of all design, testing, research, production, transport, deployment, maintenance, sale or purchase of any such weapons. Each national government, national parliament, and national court, after immobilization, shall recognize the supervision by the World Disarmament Agency of WMDs, as well as any facilities for production or delivery of WMDs, for complete dismantling, conversion to peaceful uses, or elimination otherwise from Earth.
This provision encourages all governments to include in their penal codes the provision that the manufacture, possession and use of nuclear weapons and other weapons of mass destruction are a crime against humanity, and that the world enforcement system shall indict and bring to trial accordingly, at the world jurisdictional level, by due process of law, any individual engaging in prohibited activities. Governments may participate in enforcement according to the guidelines of World Legislative Act #20, for the World Bench for Criminal Cases, of the World Court.
6. After six months from the adoption of this Act by the Provisional World Parliament, the World Attorneys General may bring criminal charges or indictment before any suitable international court or world court established in conformance with the Earth Constitution, together with warrants for apprehension, if necessary, for appropriate trial and disposition, against or officials or other individuals of any nation, national government, corporation, university, laboratory, or other entity, found in violation of Section 1 of this Act.
7. To finance the work of the World Disarmament Agency until further financing is available, the Earth Federation Funding Corporation (EFFC), shall request a subscription equal to at least one percent (1%) of its annual budget if possible, from each country, state, city, local authority, corporation, university or other agency or entity ratifying the Earth Constitution. In the case of countries, each ratifying country shall be asked for a subscription equal as near as possible to five percent (5%) of its last military budget, or 1% of its annual budget, whichever is greater.
8. To work out all necessary details for the inauguration of the World Disarmament Agency, this first session of the Provisional World Parliament shall elect a standing Parliamentary Commission on Disarmament (PCD). The PCD is composed of 9 members elected by the Provisional World Parliament, and 8 members to be co-opted by the elected members. The PCD is responsible to the Provisional World Parliament.
Appendix – A
Definitive List of Weapons of Mass Destruction:
Nuclear weapons, including fission and fusion explosive weapons, as well as explosive or non-explosive radiological weapons containing radioactive materials, such as depleted uranium; radiological wastes may be considered a WMD when not safely sequestered;
Bio-chemical weapons, including nerve gas, bacterial weapons, mass defoliants, any other kind of poison gas or bio-chemical weaponry;
Fire bombs, block-buster bombs, anti-personnel bombs, cluster bombs, neutron bombs, and other kinds of bombs;
Cruise missiles, Intercontinental Ballistic Missiles, short range missiles, and other missiles used to deliver nuclear or other weapons of mass death and destruction;
Bombers, military aircraft, and military aircraft carriers;
Battleships, military submarines and any other ocean launched weaponry;
Satellite weaponry or weapons stationed in or maneuverable from upper or outer space or the Moon;
Laser ray weapons, and any other weapons which might in future be developed for mass death and destruction;
Delivery systems for nuclear weapons, bio-chemical weapons and all other weapons defined herein;
Delivery systems of means when used to convey military weapons across national boundaries.* * * * * * * * * *
Adopted as World Legislative Act Number One at the first session of the provisional World Parliament, meeting at Brighton, England, 11 September 1982. Entry into force 11 March 1983. Amended at sixth session provisional World Parliament, meeting at Bangkok, Thailand, December 2003. Sentencing parameters adopted at seventh session of Parliament, Chennai, India, December 2003. Formatting amendments adopted at eighth session of Parliament, Lucknow, Uttar Pradesh, India, August 2004.
Attested: Dr. Terence P. Amerasinghe, Barrister-at-Law, Secretary (1st & 3rd sessions)
Provisional World Parliament
Eugenia Almand, JD, Secretary
Provisional World Parliament