Disarmo e limitazione degli armamenti nucleari nel diritto internazionale: l'Accordo START III

The paper examines developments of the process of disarmament and limitation of nuclear weapons in relation to the adoption of the New Start Treaty (Strategic Arms Reduction Treaty), or START III, in 2010. This agreement, signed between United States and Russian Federation, represents the most important arms limitation treaty of the last twenty years and replaces START I which expired in 2009. It requires both countries to reduce substantially the number of nuclear warheads they have deployed on intercontinental ballistic missiles, submarine-based ballistic missiles, and bombers. The goal of the article is to analyze the strengths and weaknesses of START III, with a particular focus on the innovative mechanisms it provides to allow each side to monitor compliance with the treaty by the other side, including on-site inspections and exchanges of data about their respective nuclear arsenals, which are aimed at promoting strategic stability between the two largest nuclear powers in the world. Finally, it is argued that START III, largely based on Confidence and Security Building Measures (CSBM), can act as a model treaty for the nuclear States that intend to take concrete steps in the direction of the limitation of nuclear weapons and disarmament. Even if START III does not make disarmament a duty, it represents the will of the two States to engage themselves, according to a step by step approach, to the elimination of nuclear weapons, as foreseen by art. 6 of the Non-Proliferation Treaty (NPT). Developments in arms control by the United States and Russia may persuade other countries with nuclear weapons of their willingness to respect the non-proliferation obligations contained in the NPT and therefore represents a solid basis for greater cooperation aimed at a world free of nuclear weapons.