The PanAm jet bombing in 1988 over Lockerbie in Scotland; the Tokyo subway sarin gas attacks in 1997 by Aum Shinrikyo; the World Trade Centre and Pentagon attacks in 2001 and the Madrid train attacks in 2004, along with the 2008 Mumbai attacks have shown the tenacity of terrorist organizations and their methodology of using terror tactics.  Today, the greatest fear hovers around the ability of these organizations to acquire nuclear materials for use as a dirty bomb or a crude nuclear explosive.  Keeping in view the dangers posed by nuclear terrorism, President Obama hosted a Nuclear Security Summit in April 2010 in which 47 nations participated and committed to advancing nuclear security goals and combat the threat of nuclear terrorism. A more comprehensive discussion was expected during the NPT RevCon 2010, which concluded a month later. Unfortunately this was not on the primary agenda of the Conference.

Out of 78 working papers presented during the 2007 PrepCom for the 2010 Revcon, only one was devoted to nuclear terrorism. The issues of nuclear terrorism, prevention of black market supply networks and acquisition of nuclear weapons by non-state actors drew attention to the importance of implementing UNSC Resolutions 1540, 1673 and 1810. On this particular issue, only the 2007 International Convention for the Suppression of Acts of Nuclear Terrorism was  mentioned in the RevCon. The issue of nuclear terrorism is also absent from the draft reports of Main Committee II and Main Committee III. In the first draft report of Main Committee II, paragraph 50 welcomed the establishment of the ‘Global Initiative to Combat Nuclear Terrorism’. To the disappointment of many States, the final draft does not make any reference to the Global Initiative to Combat Nuclear Terrorism.  In the present context where terrorism is the primary threat to nation states; where the world has witnessed new methods of terror attacks, it is regrettable that its importance was not appreciated at such an important world forum.

If we take an in-depth look at the Nuclear Nonproliferation Treaty, nuclear terrorism is not an issue that the treaty has specifically addressed, but it has a bearing on this issue; especially while issuing statements regarding particular States.  The NPT RevCon commended and ‘encouraged’ (according to paragraph 65 of the final document) the States to become party to the  2007 International Convention for the Suppression of Acts of Nuclear Terrorism which at present has 115 signatories. 66 States have ratified the Convention, including India. Considering the case of India and Pakistan, paragraph 108 of the NPT RevCon’s draft final document  stated that “The conference urges India and Pakistan to accede to the Non-Proliferation Treaty as non-nuclear-weapon States and to place all their nuclear facilities under comprehensive Agency safeguards without conditions and promptly. The Conference urges both States “to strengthen their non-proliferation export control measures over technologies, material and equipment that can be used for the production of nuclear weapons and their delivery systems.” As far as the security of nuclear material and equipment or prevention of nuclear terrorism is concerned, India is abiding by international norms and best practices. India acceded to the Convention on Physical Protection of Nuclear Material (CPPNM) in 2002; ratified the 2005 CPPNM Amendment in 2007 and ratified the Nuclear Terrorism Convention in 2006.  The NPT RevCon failed to mention, however, the role of states like Pakistan in the context of terrorism which is not a party to the Convention for the Suppression of Acts of Nuclear Terrorism; has acceded to but not ratified the CPPNM. Moreover, it is quite evident that the proliferation record of Pakistan, notably the AQ Khan network, and the current situation in Pakistan where its nuclear facilities seem to be vulnerable to terrorist outfits poses the greatest danger.  The 2010 NPT RevCon failed to address these alarming issues and it also failed to encourage states of the concern to abide by international norms to prevent nuclear terrorism.

The 2010 NPT RevCon noted the importance of the International Atomic Energy Agency (IAEA) and international safeguards on many occasions but failed to recognize the warnings issued by former Director General, Mohamed ElBaradei. In September 2008, he described nuclear terrorism as the number one threat to world security. On several occasions he repeatedly pointed out that terrorist organizations are seeking nuclear materials. The IAEA released data from its illicit Trafficking Database which confirms fifteen cases of nuclear trafficking in 2008 alone. The IAEA has also reported 1266 incidents of illicit trafficking over the last 12 years. These incidents involved 99 countries and included 18 incidents involving highly enriched uranium (HEU) or plutonium trafficking. The importance of nuclear terrorism cannot be ignored. Nuclear terrorism is the most immediate and extreme threat to global security.