NGOs also ‘create’ international law: The Campaign to Abolish Nuclear Weapons

The UN was created with the purpose promoting cooperation between countries and maintaining stability in the world order that emerged after World War II. Today, states are not the only important actors in the international community: multinational corporations and non-governmental organizations (NGOs) have played an increasingly important role in political dialogue and rule-making. Some NGOs, such as the International Campaign to Abolish Nuclear Weapons (ICAN), have exerted B influence B the creation of treaties that have inspired change, as well as serious dialogue in the international community, especially in efforts aimed at nuclear disarmament. So much so that, in 2017, ICAN received the award Peace award .

The International Campaign to Abolish Nuclear Weapons (ICAN) is a coalition of NGOs working toward the goal abolishing nuclear weapons globally. Its work is sample momentum and opportunities that NGOs can bring, especially through their contribution to the creation of the Treaty on the Prohibition of Nuclear Weapons (TPAN).

It all began in 2013 during the Oslo International Conferences, where ICAN announced its intention to reevaluate existing measures to ban nuclear weapons. ICAN then took part in numerous disarmament talks and in 2016 was invited by the UN General Assembly to participate in official negotiations. Since then, ICAN has worked to get issue and issue support this cause, and its efforts culminated in 2017 with the creation of the TPAN. At that time, 50 countries reached an agreement adopt the text, which finally came into force in 2021.

This process reflects how ICAN evolved from a civil society initiative to an influential actor rules and regulations the international system, using the platforms offered by the United Nations to transform political pressure and social mobilization into a multilateral legal instrument. However, its effective impact continues to depend on state support, highlighting both the potential and limitations of NGO participation in global governance.

The main goal the TPAN is the complete prohibition of nuclear weapons, that is, their use, development, production, storage, and even the threat of their use. It is the first agreement binding and multilateral agreement that establishes a complete ban on this subject weapon. To facilitate the achievement of goal an ambitious goal , the treaty also allows nuclear-weapon states to sign and become parties to it, provided they commit to a planned, legally binding denuclearization with set dates to gradually and progressively dispose of their nuclear arsenals.

The Nobel Peace Prize: A paradigm shift?

The example of ICAN is sample the importance that the UN gives to civil society in achieving its goals. As result its activism and achievements, the committee award committee awarded ICAN award Nobel Peace award in 2017. University Secretary , António Guterres, congratulated ICAN on this recognition via social media, noting that "now more than ever we need a world without nuclear weapons." His message reflected clear institutional recognition of the NGO's work and reaffirmed the urgency of ensuring peace and avoiding the use of force, especially through the use of weapons as destructive as nuclear weapons. 

ICAN's activism and achievements are essential in raising public awareness of the threat posed by the mere existence of nuclear weapons. However, ultimately, written request states that are responsible for negotiating and adopting international treaties, by virtue of their sovereign freedom. Therefore, despite serving as a forum for discussion negotiation, the UN's ability to create legally binding rules for states is very limited. It is therefore possible that, despite the recognition of its relevance and influence, its work will be relegated to the background, undermining the importance and credibility of the UN's efforts to include them.  

Practical limitations of the TPAN

By the end of 2025, 95 countries had signed the TPAN and, of these, 74 had ratified it, thereby becoming bound to act in accordance with its provisions. However, despite its symbolic importance, the TPAN has not brought about major changes in the international nuclear order. This is largely due to the refusal of nuclear states to be part of this agreement.

No country with nuclear weapons capabilities, nor any NATO member state under the US nuclear umbrella, attended the TPAN vote, with the exception of the Netherlands, which voted against it. Along the same lines, Japan's representative to the General Assembly stated that "the Treaty on the Prohibition of Nuclear Weapons is an important treaty that could be considered a decisive step toward a world without nuclear weapons; however, in order to change reality, dialogue with nuclear-weapon states is necessary." For this reason, Japan also voted against the treaty.

None of the nuclear states, or those protected by a nuclear umbrella, have ratified the treaty and are therefore not bound by its obligations on non-use and progressive nuclear disarmament. This reality reduces ICAN's achievements to a mainly symbolic value, which is unlikely to bring about significant change.

Transparency and accountability

Although the role of civil society has been strengthened in the international order in recent decades, the reality is that states remain the main subjects of international law and geopolitics. written request, it is states that make decisions by virtue of their sovereign freedom.

Even so, it is important for NGOs and civil society to participate in political dialogue, as they contribute independent perspectives and represent the needs of different social sectors. Their participation also strengthens the transparency, accountability, and legitimacy of public decisions, even when their capacity to influence is limited by the state structure of the international system, acting as a goal beyond national agendas and reinforcing the idea that the most lasting humanitarian achievements often arise when politics is put at the service of the common good.