Dear Prime Minister Albanese,

As Australian lawyers, we believe that international law can play a powerful role in nuclear disarmament and the creation of new norms, leading to increased peace and security for all.    

Under your leadership, Australia has the opportunity now to uphold our long and proud commitment to championing international law by joining the Treaty on the Prohibition of Nuclear Weapons (TPNW). With two nuclear-armed powers involved in heated conflicts overseas, and the risk of nuclear escalation growing, now is a vital time to take necessary steps for nuclear disarmament.

Noting the growing international consensus on this matter, we urge your government to honour the ALP’s policy commitment to sign the TPNW, without further delay.

In the insightful words of former ALP Deputy Leader Tom Uren,“The struggle for nuclear disarmament is the most important struggle in the human race.” 

The TPNW embodies Uren’s vision of a future where the international community embraces a total ban on nuclear weapons. The TPNW entered into force in 2021, and now has 93 signatories and 70 state parties. Australia’s signature would add heft to this global movement, and reflect the wishes of the overwhelming majority of Australians who support  eliminating the scourge of nuclear weapons.  

Joining the treaty also makes good on Australia’s obligation under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) that binds parties to pursue good faith negotiations relating to a treaty on ‘general and complete disarmament and to negotiate effective measures relating to the cessation of the nuclear arms race and to nuclear disarmament.’ While progress has been made on effective measures concerning non-proliferation and peaceful uses of nuclear energy, little has been achieved in disarmament. The TPNW is the first multilateral effective measure under Article VI to enter into force since the NPT in 1968.

Moreover, the complementarity between the TPNW and NPT creates a robust legal framework for a nuclear-free world. The drafters of the TPNW designed it to reinforce and build on the NPT. It complements the NPT by adding prohibitions and obligations, akin to how the 1993 Chemical Weapons Convention complements the 1925 Geneva Protocol. The TPNW enhances the NPT through a comprehensive prohibition on nuclear weapons that applies to all parties. It also establishes frameworks for the verified, time-bound elimination of nuclear-weapon programmes and for addressing harms caused by nuclear weapons.

As legal professionals dedicated to creating a safer, more peaceful world for future generations, we call on your Government to stand up against the threat of nuclear devastation by joining the growing number of nations putting their signatures to the TPNW. 

This treaty is not just a symbolic gesture but a tangible step towards global disarmament. By acting now, Australia can demonstrate its commitment to international peace and security and set a powerful example for other nations. Your Government’s potential to make history via the TPNW is substantial and ought not be squandered. We urge you to seize this opportunity to ensure a future free from the threat of nuclear warfare. 

The time for action is now.

Signed,

Robert Tickner – AO Former Australian Minister and Humanitarian Campaigner

Katie Robertson – Human Rights Lawyer and Director of Stateless Legal Clinic

Melissa Parke – Australian Lawyer and Former Australian Minister

Monique Cormier – Lecturer, University of New England School of Law

Michael Cornish – Vice President at Conservation Council South Australia

Melissa Goode – General Counsel, Australian Conservation Foundation

Claire O’Connor – SC Barrister, South Australian Bar

Ms Irene Baghoomians – Senior Lecturer, University of Sydney

Professor Dianne Otto – Professor of Human Rights Law, Melbourne Law School

Dr Emily Crawford – Professor, University of Sydney Law School

Corinne Grant – Human Rights Lawyer, Comedian, and Television Presenter

Holly Cullen – University of Western Australia Law School

Jeswynn Yogaratnam – Anti-Discrimination Commissioner, Northern Territory

Afshin Akhtar-Khavari – Professor of International Law, Queensland University of Technology

Dr Stacey Henderson – Senior Research Fellow in Law, Flinders University

Sam Drummond – President, Lawyers for Peace

Jessie Taylor – Barrister, Victorian Bar

Katie Robertson – Senior Lecturer, Melbourne Law School

Adam Beeson – Australian Conservation Foundation

Dr Daniel Joyce – Associate Professor, UNSW Law & Justice

Philipp Kastner – Senior Lecturer, University of Western Australia Law School

Christopher Michaelsen – Associate Professor, UNSW Law & Justice

Catherine Purvis – Lawyer, Animal Welfare League

Adam McBeth – Barrister, Victorian Bar

Kellie Tranter – Lawyer and Researcher

Neil Cole – Retired Lawyer and Former Member of Parliament

Martin Pike – Lawyer and Policy and Advocacy Specialist

Alison Rose – Special Counsel at Ninox Law

Tara Gutman – Lawyer, Lexbridge Lawyers

Parisha Rabadia – Committee, Lawyers for Peace

Leanne Cousinery – Committee, Lawyers for Peace

Stephanie Vesel – Committee, Lawyers for Peace

Fauve Kurnadi – Lawyer

Paul Kidd – Lawyer

Andrew Harris – Lawyer