Introduction

This chapter examines current multilateral and bilateral efforts to interdict the trade in nuclear, radiological, chemical and biological weapons of mass destruction (WMD), related ‘precursors’ used in their construction and their potential delivery systems (collectively, ‘WMD materiel’). These include recent US bilateral treaties closely modelled on drug interdiction treaties and a new Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Protocol 2005) which was concluded at the IMO in October 2005. However, some current state practice in interdicting WMD materiel does not follow the treaty-based law enforcement model. Also relevant for present purposes are the efforts of the Proliferation Security Initiative (PSI) and the UN Security Council which are not premised upon establishing new treaties. While the PSI seeks to utilise existing laws to effect interdictions, Security Council Resolution 1540 imposes new obligations upon states to take steps to suppress transfers of WMD materiel to non-state actors. Although UNSCR 1540 does not expressly contemplate interdiction it is not without consequences for maritime jurisdiction.

One difference between WMD interdiction and a more established field such as narcotics interdiction is the undoubted underlying illegality of drug trafficking. As the 183 state parties to the UN Narcotics Convention have agreed, such traffic is a crime of international concern, and its ‘eradication … is a collective responsibility’, thus seizing drugs as evidence of a crime is uncontroversial.