United Nations Security Council resolution 1540 was adopted unanimously on 28 April 2004 regarding the non-proliferation of weapons of mass destruction. The resolution establishes the obligations under Chapter VII of the United Nations Charter for all member states to develop and enforce appropriate legal and regulatory measures against the proliferation of chemical, biological, radiological, and nuclear weapons and their means of delivery, in particular, to prevent the spread of weapons of mass destruction to non-state actors. It is notable in that it recognizes non-state proliferation as a threat to the peace under the terms of Chapter VII of the United Nations Charter, and creates an obligation for states to modify their internal legislation. Furthermore, the resolution requires every state to criminalize various forms of non-state actor involvement in weapons of mass destruction and its related activities in its domestic legislation and, once in place, to enforce such legislation. By virtue of its universal scope and mandatory nature, resolution 1540 marks a departure from previous nonproliferation arrangements and adds a novel layer to the nonproliferation regime. Before the resolution was adopted, the non-proliferation regime was based on many partly overlapping arrangements, none of which established universal mandatory obligations.
Content Resolution 1540 was adopted under Chapter VII of the United Nations Charter, which covers "threats to the peace, breaches of the peace and acts of aggression." The resolution itself states in its opening paragraph: "proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security". Even though the security council had already recognized the proliferation of WMD as a threat to international peace and security in the UNSC Presidential Statement on 31 January 1992, it took the council until 2004 to adopt such a decisive resolution. 1540 is only the second resolution to invoke Chapter VII without relating the fact to a specific time and place, the first being United Nations Security Council Resolution 1373, which was voted in the aftermath of the September 11 attacks as an attempt to counter international terrorism. The possibility of terrorists accessing WMD was already considered in Resolution 1373 paragraph 3a and 4, and UNSCR 1540 emerged from those two paragraphs. The three main obligations created by the resolution are:
To "refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery." (Article 1) To "adopt and enforce appropriate effective laws which prohibit any non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery". (Article 2) To "take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery". (Article 3) The resolution also emphasises the continuing importance of non-proliferation and disarmament agreements, and provides for the creation of a committee (the 1540 Committee) to oversee the implementation of the resolution. States are called upon to provide reports to the 1540 Committee on their current situation and future plans vis-à-vis the obligations laid out in the resolution within six months of the adoption of the resolution, though in reality many states took much longer. The 1540 Committee was deliberately created without the power to impose sanctions. While the resolution is, in theory, obligatory for all members of the UN, it was decided that the implementation process should be based on collaboration and participation rather than enforcement. To further these ends, one of the main functions of the committee has been as a "clearing house" of offers and requests for assistance in fulfilling obligations created by the resolution.
1540 committee An ad-hoc committee (known as 1540 committee) for an initial mandate of 2 years under the Security Council charging the examination on the implementation of this resolution was established under paragraph 4 of the resolution. The committee released its first report to the Security Council on implementation of the resolution in April 2006. With the adoptions of Resolution 1673 (2006) and later Resolution 1810 (2008), its mandate was extended for a further two years and then another period of three years. Its mandate was extended for a further ten years by Resolution 1977 (2011), adopted in April 2011. The committee presented a second report in July 2008. As requested in Resolution 1810 (2008), the committee held an open meeting in 2009 with broad participation in order to prepare a comprehensive review of the status of the implementation of Resolution 1540.
National implementation The resolution calls upon all States to present to the 1540 Committee a first report, not later than six-month from the adoption of the resolution 1540 (28 October 2004), on steps they have taken or intend to take to implement the provisions of operative paragraphs 1, 2 and 3 of the resolution. All Member States are also called upon to include in their national reports, as appropriate, information relating to the implementation of operative paragraphs 6,7,8, 9 and 10 of the resolution. They are also encouraged to prepare on a voluntary basis summary action plans mapping out their priorities and plans for implementing the key provisions of resolution 1540 (2004), and to submit those plans to the 1540 Committee. The resolution 1810 (2008) calls upon all States that have not yet presented a first report to as required in the resolution 1540 to submit it to the 1540 Committee without delay.
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