Nuclear Criminalization Repository

The use of nuclear and other radioactive material for criminal purposes remains a real threat to international security. Regional instabilities and the increasing links between organized crime and terrorist groups have heightened the risk of terrorist organizations obtaining and deploying a nuclear or radiological weapon or device. Strong legal frameworks serve as a deterrent for terrorists and are the basis for ensuring that alleged perpetrators are brought before justice.

Harmonization of such legislation across jurisdictions contributes to more effective international cooperation, which in turn increases international abilities to manage nuclear and radiological security threats. The International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT), the Convention on the Physical Protection of Nuclear Material (CPPNM) and its Amendment (A/CPPNM) provide tools to ensure there is no safe haven for those seeking to commit acts of nuclear or radiological terrorism.

Given the trans-national nature of these threats, these instruments can only work to fulfill their full extent when all States are party to them; however, many States have not yet adhered to and/or implemented all of the provisions of the instruments into their national legislation.

The Repository of National Legislation for Implementing the Criminalization Provisions of ICSANT, the CPPNM and A/CPPNM serves as a technical reference tool compiling existing practices for the use of criminal justice practitioners during their national implementation process.

Ensuring that the criminalization provisions of these three instruments are incorporated into national law is key to strengthening capacities to directly address nuclear and radiological security threats.

International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT)

The International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT) opened for signature in 2005 and entered into force in 2007. It requires each State party to adopt such measures as may be necessary to establish as criminal offences under its national law certain specified offences relating to the possession, use, or threat of use of nuclear or other radioactive material or a device, damage to nuclear facilities in a manner which releases or risks the release of radioactive material, with the intent to cause death or serious bodily injury, substantial damage to property or to the environment. It also requires each State party to adopt such measures as may be necessary to establish as criminal offences under its national law certain specified offences relating to threats of use or unlawful demands for access to nuclear and other radioactive material or nuclear facilities. It obligates States parties to establish jurisdiction over the offences under certain circumstances. ICSANT also requires States parties to afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set out in ICSANT. Cooperation under ICSANT includes exchanging information in accordance with national law related to the detection, prevention, suppression and investigation of offences set out in the Convention. It also requires States parties to undertake certain measures related to handling radioactive material, devices and facilities when seized following the commission of an offence set forth in the Convention.

Convention on the Physical Protection of Nuclear Material (CPPNM)

The Convention on the Physical Protection of Nuclear Material (CPPNM) provides for the physical protection of nuclear material used for peaceful purposes while in international nuclear transport. It also requires States parties to make punishable under domestic law certain offences relating to unlawful and intentional acts involving nuclear material such as the theft of nuclear material and includes provisions aimed at facilitating cooperation among States parties, including on mutual legal assistance.

Amendment to the Convention on the Physical Protection of Nuclear Material (A/CPPNM)

The Amendment to the CPPNM requires States parties to establish, implement and maintain an appropriate physical protection regime applicable to nuclear material and nuclear facilities under their jurisdiction. It also provides for expanded cooperation between and among States parties regarding rapid measures to locate and recover stolen or smuggled nuclear material, mitigate any radiological consequences of sabotage, and prevent and combat related offences.

United Nations

Office on Drugs and Crime

International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT)

Convention on the Physical Protection of Nuclear Material (CPPNM)

Amendment to the Convention on the Physical Protection of Nuclear Material (A/CPPNM)