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Treaty on the Prohibition of Foreign Military Bases and Forces
By David Swanson, World BEYOND War
I know, I know, foreign military bases are spreading like a disease, and governments are openly mocking the rule of law.
But it’s hard to aim without a target. So, I’ve drafted a target.
This is a quick initial draft of something that, if it ever comes to be, will no doubt be improved and worsened by many voices. Please start that process, especially the improving part, by adding comments here
The States Parties to this Treaty,
Determined to contribute to the realization of the purposes and principles of the Charter of the United Nations,
Dedicated to facilitating all members of the United Nations in the work of refraining in their international relations from the threat or use of force against the territorial integrity or political independence of any state,
Deeply concerned by the gross violations of the territorial integrity of states constituted by the presence of foreign military bases and forces,
Recognizing the origin in many cases of foreign military bases as spoils of the threat or use of force, their maintenance constituting an incentive for those actions,
Recognizing the origin in many cases of foreign military bases through the theft of land from indigenous, impoverished, and minority populations, displacing people who in many cases continue to demand the restoration of their homes,
Concerned by the pattern of foreign military bases and forces heightening tensions and encouraging conflict, including through war rehearsal “exercises” that often function as implicit threats of force, and steps in escalating arms races,
Recognizing that foreign military bases and forces facilitate the precipitous escalation of conflicts in the surrounding regions, and that these bases and forces are frequent participants in threatening, targeting, and launching missile attacks, including from robotic aircraft,
Noting that the Treaty on the Nonproliferation of Nuclear Weapons forbids the transfer of nuclear weapons to other parties, and that the Treaty on the Prohibition of Nuclear Weapons forbids the possession of nuclear weapons, but that nuclear weapons are maintained in several states purportedly not possessing them, through the expedient of foreign military bases,
Noting that some states have been denied the ability to know whether foreign military bases in their territories will include nuclear weapons,
Recognizing that foreign military bases and forces facilitate weapons proliferation, military training, and the militarization of cultures and governments,
Deeply disturbed that foreign military bases and forces in many cases impede self-governance, incentivize loyalty to a foreign government, and provide support to oppressive and undemocratic governments, influencing host/occupied states away from international cooperation, diplomacy, unarmed civilian defense, or other alternatives to war,
Concerned that foreign military bases have in numerous instances been used for criminal human rights abuses by governments either openly claiming that a base constitutes an extra-legal zone or seeking to keep activities at a base secret,
Aware that foreign military bases and forces can make host/occupied states targets for possible attacks by other states or smaller groups, while implicating host/occupied governments in wars they play no role in,
Noting that foreign military bases contribute significantly to local and global environmental destruction, often without the host/occupied state having access to inspect the damage to soil or water or to impose any standards,
Noting that foreign military forces are often granted immunity from the laws of the host/occupied state, including laws covering kidnapping, rape, and murder,
Recognizing that the insertion of relatively highly paid forces with criminal immunity, and training in killing and destruction, into a foreign community whose members are employed for menial tasks has in many cases created local societies divided by class and characterized by bigotry and discrimination,
And, finally, in consideration of the good that could be done with the land and resources currently expended on foreign military bases and forces if used for other ends,
Have agreed as follows:
Article 1
- Each state party undertakes never under any circumstances to allow on its territory or to impose on the territory of any other state a foreign military base or foreign military forces of any number, permanently or temporarily for any number of days.
Article 2
- Each state party shall adopt the necessary measures to implement its obligations under this treaty.
- Each state party shall take all appropriate legal, administrative, and other measures, including the imposition of penal sanctions, to prevent and suppress any activity prohibited to a state party under this treaty undertaken by persons or on territory under its jurisdiction or control.
Article 3
- Each state party shall submit to the Secretary-General of the United Nations, not later than 90 days after this treaty enters into force for that state party, a declaration in which it shall declare its completion of all steps needed to bring it into compliance with this treaty.
Article 4
- Each state party shall encourage states not party to this treaty to sign, ratify, accept, approve, or accede to the treaty, with the goal of universal adherence of all states.
Article 5
- This treaty shall be open for signature to all States at United Nations Headquarters in New York as from 1 May 2025.
Article 6
- This treaty shall be subject to ratification, acceptance, or approval by signatory states. The treaty shall be open for accession.
Article 7
- This treaty shall enter into force 30 days after the fiftieth instrument of ratification, acceptance, approval, or accession has been deposited.
- For any state that deposits its instrument of ratification, acceptance, approval, or accession after the date of the deposit of the fiftieth instrument of ratification, acceptance, approval, or accession, this treaty shall enter into force 30 days after the date on which that state has deposited its instrument of ratification, acceptance, approval, or accession.
Article 8
- The articles of this treaty shall not be subject to reservations.
Article 9
- This Treaty shall be of unlimited duration.
- Each state party shall, in exercising its national sovereignty, have the right to withdraw from this treaty if it decides that extraordinary events related to the subject matter of the Treaty have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to the depositary. Such notice shall include a statement of the extraordinary events that it regards as having jeopardized its supreme interests
- Such withdrawal shall only take effect 12 months after the date of the receipt of the notification of withdrawal by the depositary. If, however, on the expiry of that 12-month period, the withdrawing state party is a party to an armed conflict, the state party shall continue to be bound by the obligations of this treaty and of any additional protocols until it is no longer party to an armed conflict.
Article 10
- The Secretary-General of the United Nations is hereby designated as the depositary of this Treaty.
Article 11
- The Arabic, Chinese, English, French, Russian, and Spanish texts of this Treaty shall be equally authentic.
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Treaty on the Prohibition of Foreign Military Bases and Forces
https://worldbeyondwar.org/treaty-on-the-prohibition-of-foreign-military-bases-and-forces/
David Swanson is an author, activist, journalist, and radio host. He is executive director of WorldBeyondWar.org and campaign coordinator for RootsAction.org. Swanson's books include War Is A Lie. He blogs at DavidSwanson.org. He hosts Talk World Radio.
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