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  • From Pokharon to Kargil: The Nuclear Danger is No Fantasy

    However one looks at its genesis and its remarkably inept handling by New Delhi, the Kargil crisis highlights, as nothing else, the sub-continent’s strategic volatility and the fragility of the Lahore process. If the Indian army had to wait till May 6 to be informed of the unprecedentedly large-scale intrusion by a shepherd, and then took six days to report this to the defence ministry, and if the ministry two days later still said the infiltrators only occupied “remote and unheld areas”, then there is something deeply wrong with our security decision-making. The sudden switch from smugness and inaction to high-profile air strikes with their high-risk escalation potential testifies to the same flaws. One year after Pokharan-II, these put a huge question-mark over nuclearisation’s claimed gains. The Bomb has comprehensively failed to raise India’s stature, strengthen our claim to a Security Council seat, expand the room for independent policy-making, or enhance our security.

     

    India stands morally and politically diminished: a semi-pariah state to be equated with Pakistan, and periodically reminded of Security Council Resolution 1172. Most Third World countries see India as contradictory: a nation that for 50 years rightly criticised the hypocrisy of the Nuclear Club, only to join it; a country that cannot adequately feed its people, but has hegemonic global ambitions. Our neighbours, crucial to our security, see us as an aggressive, discontented state that violated its own long- standing doctrines without a security rationale.

     

    After prolonged talks with the U.S., in which we put our “non- negotiable” security up for discussion, India remains a minor, bothersome, factor in Washington’s game-plan as a non-nuclear weapons-state. South Asia’s nuclearisation has enabled Washington to grant Pakistan what Islamabad has always craved, and which New Delhi has always denied it, viz parity with India. Today, India and Pakistan act like America’s junior partners. Washington last August drafted both to smash the unity of the Non-Aligned in the Conference on Disarmament on linking FMCT talks with the five NWSs agreeing to discuss nuclear disarmament. If nuclearisation had enhanced our capacity for independent action, we would not have been mealy-mouthed on the U.S. bombing of Sudan and Iraq nor capitulated to unreasonable U.S. demands on patents. Nuclearisation has put India on the defensive in SAARC and ASEAN, in NAM and the World Bank. Damage control remains the main preoccupation of our diplomacy one year after the mythical “explosion of self-esteem”. Worse, nuclearisation has drawn India into dangerous rivalry with Pakistan and China. India has eight times more fissile material than Pakistan. But in nuclear, more isn’t better. The truth is, India has become for the first time vulnerable to nuclear attacks on a dozen cities, which could kill millions, against which we are wholly defenceless.

     

    By embracing the “abhorrent” doctrine of nuclear deterrence, we have committed what we ourselves used to describe as a “crime against humanity” This article of faith assumes that adversaries have symmetrical objectives and perceptions; they can inflict “unacceptable” damage on each other; and will behave rationally, 100 per cent of the time. These assumptions are dangerously wrong. India-Pakistan history is replete with asymmetrical perceptions, strategic miscalculation, and divergent definitions of “unacceptable”. For fanatics, even a few Hiroshimas are not “unacceptable”. Deterrence breaks down for a variety of reasons: misreading of moves, false alerts, panic, and technical failures. The U.S. and USSR spent over $900 billion (or three times our GDP) on sophisticated command and control systems to prevent accidental, unintended or unauthorised use of nuclear weapons. But the Cold War witnessed over 10,000 near-misses. Each could have caused devastation. Gen. Lee Butler, who long headed the U.S. Strategic Command, says it was not deterrence, but “God’s grace”, that prevented disaster.

     

    Generally disaster-prone India and Pakistan will have no reliable command and control systems for years. Their deterrence is ramshackle, if not ram-bharose. A nuclear disaster is substantially, qualitatively, more probable in South Asia than it ever was between the Cold War rivals. Kargil starkly highlights this. It would be suicidal for India and Pakistan to deploy nuclear weapons and then “manage” their rivalry. They must never manufacture, induct or deploy these weapons. India must not erase her own memory. For decades, she correctly argued that deterrence is illegal, irrational, strategically unworkable, unstable, and leads to an arms race. The “minimum deterrent” proposition does not weaken this argument’s force. Minimality is variable and subjective, determined not unilaterally, but in relation to adversaries. Embracing deterrence means entering a bottomless pit. That is why the NWSs’ “hard-nosed” realists ended up amassing overkill arsenals–enough to destroy the world 50 times. The danger that India could get drawn into an economically ruinous and strategically disastrous nuclear arms race, especially with China, is very real.

     

    Consider the larger truth. Nuclear weapons do not give security. Because of their awesome power, their use, even threat of use, is determined less by military, than by political, factors. That is why America cannot translate its enormous atomic prowess into real might. Nuclear weapons have never won wars or decisively tilted military balances. Korea, Vietnam, Afghanistan, Falklands, the Balkans, all expose their a-strategic nature. They are not even effective instruments of blackmail. State after state, from tiny Cuba to China, has defied nuclear blackmail attempts. Nuclear weapons are false symbols of prestige. But they are ruinously expensive. To build and maintain a tiny arsenal, about a fifth of China’s, will cost about Rs. 50,000 crores. This will further inflate our bloated military budget. Already, New Delhi spends twice as much on the military as on health, education and social security put together.

     

    With Pokharan-II, and now Kargil, Kashmir stands internationalised. It is widely seen as a potential flashpoint for a nuclear confrontation. Largely symbolic events like Lahore, while welcome, do not alter the causes or conditions of Indo- Pakistan rivalry. The Lahore agreements do not even commit the two to slow down nuclear and missile development, only to inform each other of their tests. Such limited confidence-building can easily collapse, as Kargil vividly demonstrates.

     

    Add to this debit side the enormous social costs of militarism, tub-thumping jingoism and male-supremacist nationalism; of further militarisation of our science; legitimisation of insensate violence; and psychological insecurity among the young. The Pokharan balance-sheet looks a deep, alarming, red. But there is good news too: nuclear weapons aren’t popular. According to recent polls, 73 per cent of Indians oppose making or using them. After November’s “Pokharan-vs-Pyaaz” state elections, politicians know that nukes don’t produce votes. And now, Kargil should induce sobriety. For sanity’s sake, the nuclear genie should be put back into the bottle. What human agency can do, it can also undo.

  • Nuclear Weapons, Ethics, Morals and Law

    This article was an NGO Presentation for the Nuclear Non Proliferation Treaty Prepcom of 1999 and The Hague Appeal for Peace addressing nuclear weapons, morals, ethics, spiritual values, the Culture of Peace, and law. Organizations participating in creation of this presentation include NGO Committee on Disarmament, World Conference on Religion and Peace, Temple of Understanding, Pax Christi International, Franciscans International, Interfaith Center of New York, State of the World Forum, and Lawyers Alliance for World Security.

    Ethical and Moral Framework for Addressing the Issue

    In his concurrence with the historic opinion of the International Court of Justice (ICJ) issued July 8, 1996, addressing the legal status of the threat or use of nuclear weapons,1 Judge Ranjeva stated, “On the great issues of mankind the requirements of positive law and of ethics make common cause, and nuclear weapons, because of their destructive effects, are one such issue.”2 Human society has ethical and moral norms based on wisdom, conscience and practicality. Many norms are universal and have withstood the test of human experience over long periods of time. One such principle is that of reciprocity. It is often called the Golden Rule: “Treat others as you wish to be treated.” It is an ethical and moral foundation for all the world’s major religions.3

    Several modern states sincerely believe that this principle can be abrogated and security obtained by the threat of massive destruction. The Canberra Commission highlighted the impracticality of this posture: “Nuclear weapons are held by a handful of states which insist that these weapons provide unique security benefits, and yet reserve uniquely to themselves the right to own them. This situation is highly discriminatory and thus unstable; it cannot be sustained. The possession of nuclear weapons by any state is a constant stimulus to other states to acquire them.”

    The solution can be stated simply: “States should treat others as they wish to be treated in return.”4

    It is inconsistent with moral wisdom and practical common sense for a few states to violate this ancient and universally valid principle of reciprocity. Such moral myopia has a corrosive effect on the law which gains its respect largely through moral coherence. Can global security be obtained while rejecting wisdom universally recognized for thousands of years?

    Judge Weeramantry said,”(E)quality of all those who are subject to a legal system is central to its integrity and legitimacy. So it is with the body of principles constituting the corpus of international law. Least of all can there be one law for the powerful and another law for the rest. No domestic system would accept such a principle, nor can any international system which is premised on a concept of equality.”5

    Law and Values

    Law is the articulation of values. Values must be based on moral foundations to have credibility. The recognition of the intrinsic sacredness of life and the duty of states and individuals to protect life is a fundamental characteristic of all human civilized values. Such civilized values are expressed in humanitarian law and custom which has an ancient lineage reaching back thousands of years. “They were worked out in many civilizations — Chinese, Indian, Greek, Roman, Japanese, Islamic, modern European among others.” Humanitarian law ” is an ever continuous development…(and) grows as the sufferings of war keep escalating. With a nuclear weapon, those sufferings reach a limit situation, beyond which all else is academic.”6

    In testimony before the Court, then Foreign Minister of Australia Gareth Evans said, “The fact remains that the existence of nuclear weapons as a class of weapons threatens the whole of civilization. This is not the case with respect to any class or classes of conventional weapons. It cannot be consistent with humanity to permit the existence of a weapon which threatens the very survival of humanity. The threat of global annihilation engendered by the existence of such weapons, and the fear that this has engendered amongst the entire post-war generation, is itself an evil, as much as nuclear war itself. If not always at the forefront of our everyday thinking, the shadow of the mushroom cloud remains on all our minds. It has pervaded our thoughts about the future, about our children, about human nature. And it has pervaded the thoughts of our children themselves, who are deeply anxious about their future in a world where nuclear weapons remain.”7

    We must never forget the awesome destructive power of these devices. “Nuclear weapons have the potential to destroy the entire eco system of the planet. Those already in the world’s arsenals have the potential of destroying life on the planet several times over.”8

    Not only are they destructive in magnitude but in horror as well. 9

    Notwithstanding this knowledge we permit ourselves to continue to live in a “kind of suspended sentence. For half a century now these terrifying weapons of mass destruction have formed part of the human condition. Nuclear weapons have entered into all calculations, all scenarios, all plans. Since Hiroshima, on the morning of 6 August, 1945, fear has gradually become man’s first nature. His life on earth has taken on the aspect of what the Qur’an calls ‘long nocturnal journey’, a nightmare whose end he cannot yet foresee.”10

    Attempting to obtain ultimate security through the ultimate weapon, we have failed for, “the proliferation of nuclear weapons has still not been brought under control, despite the existence of the Non-Proliferation Treaty. Fear and folly may still link hands at any moment to perform a final dance of death. Humanity is all the more vulnerable today for being capable of mass producing nuclear missiles.”11

    As the General Assembly in its “Declaration on the Prevention of Nuclear Catastrophe” in 1981 said, “all the horrors of past wars and calamities that have befallen people would pale in comparison with what is inherent in the use of nuclear weapons, capable of destroying civilization on earth.”

    A five megaton weapon represents greater explosive power than all the bombs used in World War II and a twenty megaton bomb more than all the explosives used in all the wars in history. Several states are currently poised ready to deliver weapons that render those used in Hiroshima and Nagasaki small. One megaton bomb represents the explosive force of approximately seventy Hiroshimas while a fifteen megaton bomb a thousand Hiroshimas. Judge Weeramantry emphasized that “the unprecedented magnitude of its destructive power is only one of the unique features of the bomb. It is unique in its uncontainability in both space and time. It is unique as a source of peril to the human future. It is unique as a source of continuing danger to human health, even long after its use. Its infringement of humanitarian law goes beyond its being a weapon of mass destruction, to reasons which penetrate far deeper into the core of humanitarian law.”12

    We are challenged as never before: technology continues to slip away from moral guidance and law chases after common sense.

    International Court of Justice

    When the International Court of Justice addressed the legal status of threat or use of nuclear weapons members of the nuclear club, which has since grown, asserted a principled reliance on nuclear weapons. The Court held that “the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable to armed conflict, and in particular the principles and rules of humanitarian law” and that states are obligated to bring to a conclusion negotiations on nuclear disarmament in all its aspects. 13

    Did the Court open the way for permissible uses of a nuclear weapon by saying that is “generally” illegal and that it could not say that there would never be an attack on a country that threatened its very existence to which nuclear weapons would be necessarily an illegal response?

    Did the Court acknowledge that there were conceivably hypothetically legally compliant uses? It quoted the United Kingdom’s statement that “(I)n some cases, such as the use of a low yield nuclear weapon against warships on the high seas or troops in sparsely populated areas it is possible to envision a nuclear attack which caused comparatively few civilian casualties.”14 However, the Court further pointed out that no state demonstrated when even such a limited use would be justifiable or “feasible.”15

    The Court had already ruled unanimously that nuclear weapons must in any and all instances obey humanitarian laws of war. Can our most basic moral judgments founded on “dictates of conscience”, “elementary considerations of humanity” which remain “fundamental” and “intransgressible” be squared with these devices?16 It seems scarcely reasonable with respect to these humanitarian legal requirements that they can.17

    The Court stated unequivocally that the rules of armed conflict, including humanitarian law, prohibits the use of any weapon that is likely to cause unnecessary suffering to combatants;18 that is incapable of distinguishing between civilian and military targets;19 that violates principles protecting neutral states (such as through fall out or nuclear winter);20 that is not a proportional response to an attack;21 or that does permanent damage to the environment.22

    Under no circumstance may states make civilians the object of attack nor can they use weapons that are incapable of distinguishing between civilian and military targets. Regardless of whether the survival of a state acting in self defense is at stake, these limitations continue to hold.

    For this reason the President Judge stated in forceful terms that the Court’s inability to go beyond its statement “can in no manner be interpreted to mean that it is leaving the door ajar to the recognition of the legality of the threat or use of nuclear weapons.”23 He emphasized his point by stating that nuclear weapons are “the ultimate evil, destabilize humanitarian law which is the law of the lesser evil. Thus the very existence of nuclear weapons is a great challenge to humanitarian law itself.”24

    The Court held that no formal testimony was presented that nuclear weapons can meet the humanitarian law requirements for their use.25

    The President Judge along with several other judges undertook to point out the illogic of the situation: “It would thus be quite foolhardy unhesitatingly to set the survival of a state above all other considerations, in particular above the survival of mankind itself.”26

    The President Judge said, “Atomic warfare and humanitarian law therefore appear to me mutually exclusive: the existence of one automatically implies the non-existence of the other.”27 The Court said, “(M)ethods and means of warfare, which would preclude any distinction between civilian and military targets, or which would result in unnecessary suffering to combatants, are prohibited. In view of the unique characteristics of nuclear weapons…the use of such weapons in fact seems scarcely reconcilable with respect to such requirements.”28

    Discordance between the incompatibility of these devices with the requirements of humanitarian law, the assertion that there could be possible instances in which their use could be legal and the reliance on the doctrine of deterrence compelled the Court to seek a resolution: “the long promised complete nuclear disarmament appears to be the most appropriate means of achieving that result.”29 The requirements of moral coherence and ethical conduct and the need for “international law, and with it the stability of international order which it is intended to govern,”30 drive the imperative of nuclear disarmament.

    Ongoing Problem

    Legal and moral questions continue to loom before us. We are not faced with nuclear policies founded on a strategy of dropping depth charges in mid-ocean or bombs in the desert. What the world faces is nuclear deterrence with its reliance on the horrific destruction of vast numbers of innocent people, destruction of the environment rendering it hostile to generations yet to be blessed with life.

    Deterrence proponents claim that nuclear weapons are not so much instruments for the waging of war but political instruments “intended to prevent war by depriving it of any possible rationale.”3 The United States has boldly argued that because deterrence is believed to be essential to its international security that the threat or use of nuclear weapons must therefore be legal. The United States representative stated: “If these weapons could not lawfully be used in individual or collective self defense under any circumstances (underlying added), there would be no credible threat of such use in response to aggression and deterrent policies would be futile and meaningless. In this sense, it is impossible to separate the policy of deterrence from the legality of the use of the means of deterrence. Accordingly, any affirmation of a general prohibition on the use of nuclear weapons would be directly contrary to one of the fundamental premises of the national security policy of each of these many states.”32

    It is clear that deterrence is designed to threaten massive destruction which would most certainly violate numerous principles of humanitarian law. Additionally, it strikes at generations yet unborn.

    Even in the instance of retaliation the moral absurdity challenges us. As Mexico’s Ambassador Sergio Gonzalez Galvez told the Court, “Torture is not a permissible response to torture. Nor is mass rape acceptable retaliation to mass rape. Just as unacceptable is retaliatory deterrence—‘You burnt my city, I will burn yours.’ “33

    Professor Eric David, on behalf of the Solomon Islands, stated, “If the dispatch of a nuclear weapon causes a million deaths, retaliation with another nuclear weapon which will also cause a million deaths will perhaps protect the sovereignty of the state suffering the first strike, and will perhaps satisfy the victim’s desire for revenge, but it will not satisfy humanitarian law, which will have been breached not once but twice; and two wrongs do not make a right.”34

    Judge Weeramantry rigorously analyzed deterrence theory:

    1. Intention: “Deterrence needs to carry the conviction to other parties that there is a real intention to use those weapons in the event of an attack by that other party. A game of bluff does not convey that intention, for it is difficult to persuade another of one’s intention unless one really has that intention. Deterrence thus consists in a real intention to use such weapons. If deterrence is to operate, it leaves the world of make believe and enters the field of seriously intended military threats.”35

    2. Deterrence and Mere Possession: “Deterrence is more than the mere accumulation of weapons in a storehouse. It means the possession of weapons in a state of readiness for actual use. This means the linkage of weapons ready for immediate take off, with a command and control system geared for immediate action. It means that weapons are attached to delivery vehicles. It means that personnel are ready night and day to render them operational at a moment’s notice. There is clearly a vast difference between weapons stocked in a warehouse and weapons so ready for immediate action. Mere possession and deterrence are thus concepts which are clearly distinguishable from each other.”36

    For deterrence to work one must have the resolve to cause the resulting damage and devastation.

    Is deterrence limited to depth charges in the ocean or strikes in the desert? Are we willing to permit global security to rely on a bluff? If it is not a lie but a resolve to be willing to destroy all, are we not reducing humanitarian law to being a mere servant of raw power? Is not the very definition of lawlessness when might claims to make right?

    While deterrence continues to place all life on the planet in a precarious position of high risk, one must wonder whether it provides any possible security against accidental or unauthorized launches, computer error, irrational rogue actions, terrorist attack, criminal syndicate utilization of weapons and other irrational and unpredictable, but likely, scenarios.

    Did the Court undermine the continued legitimacy of deterrence? The Court stated clearly that “if the use of force itself in a given case is illegal—for whatever reason—the threat to use such force will likewise be illegal.”37

    The moral position of the nuclear weapons states is essentially that the threat to commit an illegal act—massive destruction of innocent people—is legal because it is so horrible to contemplate that it ensures the peace. Thus the argument is that the threat of committing that which is patently illegal is made legal by its own intrinsic illogic. Does this engender moral coherence in the youth of the world to whom we must argue that violence and the threat of violence in daily life does not bring human fulfillment?

    An unambiguous political commitment by the nuclear weapon states to the elimination of nuclear weapons evidenced by unambiguous immediate pledges never to use them first as well as placing the weapons in a de-alerted posture pending their ultimate elimination will promptly evidence the good faith efforts by the nuclear weapon states to reduce our collective risks. These steps increase our collective security, but are hardly enough to meet the clear decision of the court and the dictates of reason. Only commencement in good faith of multilateral negotiations leading to elimination of these devices will bring law, morals, ethics and reason into coherence. Only then will we be able to tell our children that ultimate violence will not bring ultimate security, a culture of peace based on law, reason and values will.

    Conclusion

    We are heartened by the level of cooperation articulated in the integrated human security agendas that emerged from the world summits of the 1990’s which addressed our common environmental and human security concerns. However, it must be pointed out that to fulfill the commitments made at these summits a new level of cooperation is required. It is appropriate, therefore, that the United Nations has declared the first ten years of the 21st century as dedicated to the creation of a Culture of Peace. That Culture of Peace will require a pattern in which trust, respect and transparency will breed disarmament and reverse the pattern of fear and threat which have continued to justify irrational levels of armaments. According to the Brookings Institute the U.S. alone has spent 5.8 trillion on nuclear arms since 1940.38 General Dwight D. Eisenhower said, “Every gun that is made, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed. The world in arms is not spending money on arms alone. It is spending the sweat of its laborers, the genius of its scientists and the hopes of its children.”

    The moral experience of shame has been placed in us along with the moral sensibility of revulsion. What right do we have to organize ourselves such that we might give human beings the Sophie’s choice of ending all life on the planet in order to save a human creation, the state. As General Omar Bradley stated, “We live in an age of nuclear giants and ethical infants, in a world that has achieved brilliance without wisdom, power without conscience. We have solved the mystery of the atom and forgotten the lessons of the Sermon on the Mount. We know more about war than we know about peace, more about dying than we know about living.”

    It is time that we took bold moves to change the moral incoherence of the 20th century for it is now time in which statesmen must delve deep into themselves and become men in a state of grace. Let us grasp this moment of hazard and opportunity with our full humanity. Ultimate hazard and horror is our future if we let it slip away; opportunity to lead the world in fulfilling nothing less than an ultimate moral imperative — nuclear disarmament — is ours if we meet the challenge. This is a long journey that must take us from fear and incoherence into reason and moral coherence. Let it truly begin with us today.

    Footnotes

    1 Legality of the Threat or Use of Nuclear Weapons, General List No. 95 (Advisory Opinion of the International Court of Justice of July 8, 1996). Unless otherwise noted, references are to this opinion, which was requested by the General Assembly. The historic importance of this decision cannot be overemphasized for it is the first judicial analysis of the issue by this international tribunal even though the first General Assembly Resolution, unanimously adopted January 24, 1946 at the London session, called for elimination of atomic weapons.

    2 Opinion of Judge Ranjeva, para. 105(2)E1.

    3 Buddhism: “Hurt not others in ways that you yourself would find hurtful.” Udana-Varga, 5:18; Christianity: “All things whatsoever you would that men should do to you, do you even so to them.” Matthew 7:12; Confucianism: “Do not unto others what you would not have them do unto you.” Analects 15:23; Hinduism: “This is the sum of duty: do not unto others which would cause you pain if done to you.” Mahabharata 5:1517; Islam: “No one of you is a believer until he desires for his brother that which he desires for himself.” Hadith; Jainism: “In happiness and suffering, in joy and grief, we should regard all creatures as we regard our own self.” Lord Mahavir 24th Tirthankara; Judaism: “What is hateful to you, do not do to your fellow man. That is the law; all the rest is commentary.” Talmud, Shabbat 31a; Zoroastrianism: “That nature only is good when it shall not do unto another whatsoever is not good for its own self.” Dadistan-I-Dinik, 94:5.

    4 See, excellent analysis, “Ethics of Abolition” in Douglas Roche’s Unacceptable Risk, Nuclear Age Peace Foundation, 1995, p.90.

    5 Opinion of Judge Weeramantry, V4.

    6 Ibid. I 5.

    7 Gareth Evans of Australia, verbatum record, 30 October, 1995, pp. 44-45, 49.

    8 Opinion of Judge Weeramantry, II 3(a).

    9 Nuclear weapons cause death and destruction; induced cancers, leukemia, keloids and related afflictions; cause gastrointestinal, cardiovascular and related afflictions; continued for decades after their use to induce the health related problems mentioned above; damage the environmental rights of future generations; cause congenital deformities, mental retardation and genetic damage; carry the potential to cause a nuclear winter; contaminate and destroy the food chain; imperil the eco system; produce lethal levels of heat and blast; produce radiation and radioactive fallout; produce a disruptive electromagnetic pulse; produce social disintegration; imperil all civilizations; threaten human survival; wreak cultural devastation; span a time range of thousands of years; threaten all life on the planet; irreversibly damage the rights of future generations; exterminate civilian population; damage neighboring states; produce psychological stress and fear syndromes–as no other weapons do” Opinion of J, Ibid. para. II 4.

    10 Opinion of President Judge Bedjaoui, para. 2.

    11 Ibid. para. 5.

    12 Opinion of Judge Weeramantry II para. 3.

    13 “THE COURT:(1) By thirteen votes to one, Decides to comply with the request for an advisory opinion; IN FAVOUR: President Bedjaoui; Vice-President Schwebel; Judges Guillaume, Shahabuddeen, Weeramantry, Ranjeva, Herczegh, Shi, Fleischhauer, Koroma, Vereshchetin, Ferrari Bravo, Higgins;AGAINST: Judge Oda. (2) Replies in the following manner to the question put by the General Assembly: A. Unanimously, There is in neither customary nor conventional international law any specific authorization of the threat or use of nuclear weapons; B. By eleven votes to three, There is in neither customary nor conventional international law any comprehensive and universal prohibition of the threat or use of nuclear weapons as such; IN FAVOUR: President Bedjaoui; Vice-President Schwebel; Judges Oda, Guillaume, Ranjeva, Herczegh, Shi, Fleischhauer, Vereshchetin, Ferrari Bravo, Higgins; AGAINST: Judges Shahabuddeen, Weeramantry, Koroma. C. Unanimously, A threat or use of force by means of nuclear weapons that is contrary to Article 2, paragraph 4, of the United Nations Charter and that fails to meet all the requirements of Article 51, is unlawful; D. Unanimously, A threat or use of nuclear weapons should also be compatible with the requirements of the international law applicable in armed conflict particularly those of the principles and rules of international humanitarian law, as well as with specific obligations under treaties and other undertakings which expressly deal with nuclear weapons; E. By seven votes to seven, by the President’s casting vote, It follows from the above-mentioned requirements that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law; However, in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively whether the threat or use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defense, in which the very survival of a State would be at stake; IN FAVOUR: President Bedjaoui; Judges Ranjeva, Herczegh, Shi, Fleischhauer, Vereshchetin, Ferrari Bravo; AGAINST: Vice-President Schwebel; Judges Oda, Guillaume, Shahabuddeen, Weeramantry, Koroma, Higgins. F. Unanimously, There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.” Para.105.

    For full opinion and commentary, See, Ann Fagan Ginger, ed. Nuclear Weapons Are Illegal: The Historic Opinion of the World Court and How It Will Be Enforced, Apex Press, New York, 1998; For analysis with excellent bibliography on the opinion, See, John Burroughs, The (Il)legality of Threat or Use of Nuclear Weapons, A Guide to the Historic Opinion of the International Court of Justice, Munster, London, 1997; For opinion available at cost from UN (document A/51/218, 15 October 1996), UN Publications, 2 UN Plaza, DC2-853, NY, NY 10017, 212-963-8302; Also, available at International Association of Lawyers Against Nuclear Arms (IALANA) website http://www.ddh.nl/org/ialana

    14 Para. 91.

    15 Para. 94.

    16 Paras. 78-79.

    17 Para. 95.

    18 Paras. 78, see paras. 92,95.

    19 Paras 78, 95

    20 Para. 78.

    21 Ibid.

    22 Paras. 32, 33, 35.

    23 Opinion of President Judge Bedjaoui, para. 20.

    24 Ibid. 23

    25 Paras.94-95, see para. 91.

    26 Opinion of President Bedjaoui, para. 22.

    27 Ibid. para 20.

    28 Para. 95

    29 Para. 98

    30 Ibid.

    31 Marc Perrinde Brichambaut, France, Verbatim record (trans.) 1 November, 1995, page 33.

    32 Michael Matheson, US, Verbatim record, 15 November, 1995, p. 78.

    33 Verbatim record, 3 November 1995, p. 64.

    34 Verbatim record, (trans.), 14 November, 1995, p. 45.

    35 Opinion of Judge Weeramantry, VII 2(v).

    36 Ibid.

    37 Para. 47.

    38 Washington Post, July 1, 1998.

    * Jonathan Granoff is an attorney and a member of Lawyers Alliance for World Security, Temple of Understanding, and the State of the World Forum.

  • Analysis of NPT PrepComm III

    Summary

    The third and final preparatory meeting for the 2000 Review of the Non-Proliferation Treaty (NPT) concluded at 10:30 p.m. May 21st with an agreement to disagree. In the arcane world of nuclear diplomacy, this was considered a step forward, since the 1998 Second PrepComm had concluded in disarray without an agreement that the parties disagreed. The 1999 action was but a thin cover over the deadlock persisting between the Western Nuclear Weapons States and the leading non-Nuclear Weapons States and, given the worsening international climate, signals a struggle of immense proportions to maintain the viability of the NPT after 2000.

    China excoriated the United States for “wantonly bombing Yugoslavia for more than 40 days,” bullying other countries, and pursuing an inflammatory missile defence system. The U.S. stated that its commitment to the NPT’s Article VI “is broad and deep,” but refused to allow a subsidiary body, which would examine the details of nuclear disarmament, to be established at the 2000 Review. The New Agenda Coalition tabled a working paper with 44 co-sponsors, criticizing the NWS for re-rationalizing their continued possession of nuclear weapons, and calling for “a clear and unequivocal commitment to the speedy pursuit of the total elimination” of nuclear weapons, which “will require a multilateral agreement.” The Non-Aligned Movement went further, with its repeated call for the commencement of negotiations on a phased program of nuclear disarmament within “a specified framework of time, including a Nuclear-Weapons Convention… .” Canada, building on its new nuclear weapons policy statement, presented a draft of new Principles and Objectives for the 2000 Review, which called for acceleration of the START process, the engagement of the three other NWS “in the near future,” and additional new measures such as de-alerting. A lengthy list of States’ proposals was blended into a 61-paragraph Chairman’s Paper which, while not going as far as the NAM desires, went well beyond what the Western NWS would accept. The Chairman, Ambassador Camilo Reyes of Colombia, included: a call for negotiations on the elimination of non-strategic nuclear weapons; de-alerting, de-targeting and de-activating all nuclear weapons and removing nuclear warheads from delivery vehicles; an expression of “deep concern that Israel continues to be the only State in the [Middle East] which has not yet acceded to the [NPT] and refuses to place all its nuclear facilities under the full-scope safeguards of the IAEA; a legally-binding negative security assurances regime; an ad-hoc committee at the Conference on Disarmament “with a negotiating mandate to address nuclear disarmament.” Several hours of debate on the Chairman’s Paper revealed once more the continuing wide split between the Western NWS and the gathering forces of the NNWS who are increasing their demands that the “systematic and progressive efforts to reduce nuclear weapons globally,” promised in 1995, be lived up to. Almost to the end of the PrepComm, it appeared that absolute deadlock would prevail, as occurred in 1998. But deft steering by the Chairman and a general feeling on all sides that a second total collapse of the PrepComm process could prove fatal for the 2000 Review led to an agreement to send to the 2000 Review the Chairman’s Paper along with all the papers submitted by States with the notation: “The Preparatory Committee was unable to reach agreement on any substantive recommendations to the 2000 Review Conference.”

    This strategem allows the PrepComm material, containing many ideas for strengthening the NPT, to go forward. But Western NWS opposition to the ideas themselves persists.

    1. During the three years of annual PrepComms leading up to the 2000 Review, the nuclear weapons situation has worsened. START II is blocked. The Conference on Disarmament is virtually paralyzed. Overt nuclear proliferation has spread to India and Pakistan. The Nuclear Weapons States continue to modernize their nuclear arsenals. NATO has reaffirmed that nuclear weapons are “essential.” The Comprehensive Test Ban Treaty is nowhere near entering into force. A fourth U.N. Special Session on Disarmament has been blocked by India, which says that as long as the U.S. opposes nuclear disarmament as a chief item on the agenda, India doesn’t want the Session at all.

    2. The 1999 PrepComm opened under the cloud of the Kosovo war, which, among its other serious consequences for the international community, has severely strained relations between the U.S. and Russia and the U.S. and China. NATO’s decisions to take in nine more nations (on top of the three new members), operate aggressively out-of-area, and bypass the U.N. Security Council in prosecuting the Kosovo war have angered Russia and China in the extreme. An additional $300 billion will be pumped into the U.S. defence budget by 2003 which already is 18 times larger than the combined spending of the seven so-called “rogue” States identified by the Pentagon. The U.S. Congress has enshrined in ional security policy the intention to field a national ballistic missile defence system; the Pentagon has budgeted $10.5 billion over the next six years to create a workable system. Not only is the Anti-Ballistic Missile Treaty now under threat, the whole non-proliferation regime is under siege. A new nuclear arms race is certain, unless Washington, Moscow and Beijing can quickly put collaborative efforts back on track.

    3. China went up front at the PrepComm in castigating the U.S. Stung by the three NATO missiles that struck China’s embassy in Belgrade, Ambassador Sha Zukang led off his opening speech with a condemnation of NATO’s bombing campaign. “The Chinese Government and people express their utmost indignation and severe condemnation of the barbarian act and lodge the strongest protest. U.S-led NATO should bear all responsibilities arising therefrom.” Sha then accused the U.S., through trying to build absolute security on the insecurity of others, of undermining international peace and security and impairing efforts towards nuclear disarmament and non-proliferation. He singled out the proposed U.S. missile defence system as an unacceptable U.S. effort to achieve strategic superiority in the 21st century. “It will disrupt global and regional strategic balances and stability, and possibly trigger off a new round of arms races.” He foresaw the collapse of existing international regimes on disarmament if the U.S. continues its present bullying methods, forcing other countries to resort to every possible means to protect themselves. “If that happens, the bombardment by the U.S. led NATO is the only thing to blame and it is U.S. and NATO which will provoke the proliferation of weapons of mass destruction.” Calling for the negotiation of a Nuclear Weapons Convention, he promoted proposals already put forward, including the time-bound nuclear disarmament program advanced by the NAM, the work of the New Agenda Coalition, and the Canberra Commission Report.

    4. The U.S. speech, given by Norman A. Wulf, reiterated U.S. strong commitment to the NPT and “continuing to meet its obligations under all aspects of the Treaty.” He criticized the nuclear testing by India and Pakistan as “a grave disservice to our collective efforts because it occurred in the context of an historic achievement of a CTBT and a continuing deep reduction in the number of nuclear weapons worldwide.” He called for a “balanced” review process. “We must approach our work with a healthy dose of realism and avoid the assumption that the NPT process can achieve what has not been achievable elsewhere.”

    5. The U.S. tabled two lengthy Fact Sheets detailing steps the U.S. has taken in nuclear disarmament and non-proliferation. The information package showed that the U.S. has brought its deployed strategic nuclear weapons down from 12,000 in 1989 to about 8,000 today, and that 80 percent of the tactical warhead stockpile has been eliminated. “The U.S., through the vigorous pursuit and conclusion of strategic and theater nuclear arms control and reduction agreements with the former Soviet Union, and by canceling new procurement and development programs, has helped to end the Superpower nuclear arms race. This Article VI obligation has been achieved.” Mr. Wulf attempted to marginalize the New Agenda Coalition by stating: “There has been a lot of focus this past year on trying to identify a new agenda for the disarmament process. I would suggest that we have an existing agenda that remains to be completed.”

    6. The NGO community immediately issued a rebuttal to U.S. claims that it is advancing nuclear disarmament. The U.S. Fact Sheets had not mentioned Presidential Decision Directive 60, in which the U.S. will continue to rely on nuclear arms as a cornerstone of its national security for the “indefinite future.” In addition, recent planning documents of the U.S. Joint Chiefs of Staff contemplate nuclear retaliation against the use of chemical and biological arms, an action that would violate negative security assurances.

    The NGO statement said the 8,000 figure was misleading because it counted only operational weapons. By counting those in reserve, the total exceeds 10,000 warheads. The Stockpile Stewardship Program, encompassing sub-critical testing at weapons laboratories at Los Alamos and Livermore, violates the spirit, if not the letter, of the CTBT; and the U.S. plans to invest $45 billion over the next decade for nuclear weapons research, development, testing, and production. Stocks of plutonium and highly-enriched uranium are maintained at excessive levels. “While the U.S. may have completely eliminated more than a dozen different types of nuclear warheads, during the same period it has initiated programs to develop several new warheads, or modifications of existing warheads.” These include: the B-61/11, a new earth-penetrating warhead, a new warhead to be deployed on the Trident I and II missile, a refurbishment for the W87, currently used on MX missiles, and improvements for the B83.

    7. Thirteen NGO papers were verbally presented to the PrepComm, covering many aspects of the NPT. Forums and literature were in abundance. At one forum, the new book, “Security and Survival: The Case for a Nuclear Weapons Convention,” whose principal authors are Merav Datan and Alyn Ware, was presented. This thorough examination of the Model Nuclear Weapons Convention, already a U.N. document, was distributed to delegates. At the forum, Rebecca Johnson, who provided excellent daily reporting (with Nicola Butler) of the PrepComm on behalf of the Acronym Institute, made an interesting observation. A paradigm shift of thinking from the impossibility to the practicality of nuclear weapons abolition is needed. When the paradigm shift occurs, we will be surprised how fast nuclear abolition will take hold. She likened the work of NGOs today to loosening the earth around a big rock at the top of a mountain; after enough digging, the rock will start to roll down the mountain – unstoppable.

    8. The NAM paper called once again for commencement of negotiations in the Conference on Disarmament on “a phased program of nuclear disarmament and for the complete elimination of nuclear weapons with a specified framework of time, including a Nuclear Weapons Convention… .” The NAM also called for negotiations for a legal instrument assuring non-nuclear States against the threat or use of nuclear weapons (negative security assurances) to be annexed as a protocol to the NPT. In fulfillment of the 1995 Resolution on the Middle East, the NAM stressed the urgency of Israel acceding to the NPT without delay and recommended a subsidiary body at the 2000 Review to examine this question.

    9. Following adoption of its Resolution 53/77Y at the 1998 UNGA, the New Agenda Coalition submitted a paper, which showed growth of support for the NAC. Though Slovenia, a NATO aspirant, had dropped off the original membership of Brazil, Egypt, Ireland, Mexico, New Zealand, South Africa and Sweden, the group was augmented by 37 more countries that co-sponsored the paper: Angola, Benin, Bolivia, Botswana, Cameroon, Chile, Colombia, Congo, Costa Rica, Ecuador, El Salvador, Fiji, Ghana, Guatemala, Indonesia, Iran, Kenya, Lesotho, Liberia, Mali, Malaysia, Malawi, Morocco, Nigeria, Panama, Peru, Philippines, Samoa, Solomon Islands, Swaziland, Switzerland, Thailand, Togo, Uruguay, Venezuela, Zambia, and Zimbabwe.

    The NAC paper expressed “profound concern” at the lack of evidence that the NWS are living up to their commitments to Article VI. “On the contrary, the continued possession of nuclear weapons has been re-rationalized. Nuclear doctrines have been reaffirmed. …The indefinite extension of the NPT does not sanction the indefinite retention of nuclear weapons. That must be absolutely clear. …It is imperative to secure a clear and unequivocal commitment to the speedy pursuit of the total elimination of these weapons.”

    The NAC called for the pursuit of the START process, the “seamless integration” into the process by the other NWS, de-alerting, reduction of reliance on tactical nuclear weapons, and a legally-binding Negative Security Assurances.

    10. Canada, building on its new policy statement on nuclear weapons, said that all members of the international community have “a binding obligation” to pursue nuclear disarmament under Article VI, even though for the foreseeable future the primary responsibility for the negotiation of nuclear reductions rests with the U.S. and Russia, with the engagement of the other three NWS “in the near future.” Canada proposed a new set of Principles and Objectives, to be adopted at the 2000 Review, which would press for acceleration of the START process, de-alerting, entry-into-force of the CTBT, a treaty banning the production of fissile material for nuclear weapons, and discussion of nuclear disarmament issues at the Conference on Disarmament.

    11. It was left to the Chairman to distill the 27 working papers and other documents submitted by delegations into a coherent presentation of ideas to strengthen the NPT. His final version, amounting to 61 paragraphs, was considered a progressive document, since it embodied an ad hoc committee at the Conference on Disarmament with a negotiating mandate to address nuclear disarmament, and a call to Israel to accede to the NPT and to place all its nuclear facilities under the full-scope IAEA safeguards “without further delay and without conditions.” These two subjects – comprehensive negotiations for nuclear disarmament and Israeli compliance with the NPT – are the thorniest issues the 2000 Review will face. Therefore, the NAM, led by South Africa, pressed for subsidiary bodies to be attached to the regular main committees in 2000 for the purpose of giving detailed attention to nuclear disarmament and the Israeli situation. The United States vigorously objected – as it had in 1998 to the same proposal. For a few moments the PrepComm teetered on the point of subsidiary bodies, a surrogate issue representing the basic split between the NWS and the leading NNWS. Then,because neither side wanted the PrepComm to fail outright, compromise language was crafted in which it was noted that some delegations proposed subsidiary bodies be established, and some delegations wanted to defer the decision, and thus the question would be resolved at the 2000 Review. A sigh of relief went around the room. And when the formal decision was taken to send the Chairman’s Paper forward, with the specific notation that it was not an agreed text, delegates applauded.

    12. Egypt immediately struck a realistic note, stating the PrepComm had not been a success and that no substantive recommendations had been sent to the 2000 Review. It hoped for better results on nuclear disarmament and the Middle East problem in 2000.

    Conclusion

    The NPT stalemate, crucial as it is to the hopes for a viable non-proliferation regime in the 21st century, is itself part of a larger world struggle today. Nuclear weapons, like the Kosovo war, are about the rule of law. How will international law be imposed in the years ahead: by the militarily powerful determining what the law will be, or by a collective world effort reposing the seat of law in the United Nations system? Already, only a decade after the end of the Cold War, the hopes for a cooperative global security system have been dashed on the rocks of power. The trust, engendered during the early post-Cold War years, is now shattered. New arms races are underway.

    It would be the height of folly to sweep under the rug this unpleasant turn of events. It would be equally folly to think that the rest of the world is powerless against the NWS. Gains are being made, however small compared to the immensity of the nuclear weapons problem. Reductions have occurred. Good documentation, even if not agreed, has been prepared for the 2000 Review. The New Agenda Coalition is developing strength. NATO has committed itself to review its nuclear weapons policy. There is an interplay in these NPT-NAC-NATO developments. Singly,they may not amount to much; taken together and built upon by a new fusion of strength by like-minded governments and the advanced wave of civil society, they can create enormous world pressure that the NWS will not be able to ignore.

    The world is staring into an abyss of nuclear weapons proliferation. The danger of the use of nuclear weapons is growing. The recognition of this should galvanize intelligent and committed people – in both governments and civil society – to action.

  • A Cold Warrior Looks to Ban the Bomb After a Career in Brinkmanship

    “Butler is highly motivated in his quest to ban nuclear weapons, but then again he knows what those weapons can do when perhaps the rest of us have forgotten.”

    Retired Gen. George L. (Lee) Butler is among the very few whose job description has included the power to destroy the planet. As he recalled during a telephone conversation last week: “I lived for three years, every day of my life, with the requirement to answer a phone within three rings and be prepared to advise the president on how to retaliate with respect to the real or perceived threat of nuclear attack. I found it extremely sobering.”

    Butler, 59, a graduate of the U.S. Air Force Academy and a much-decorated Vietnam air-combat veteran, came to that awesome responsibility upon ascending to the post of commander of U.S. strategic nuclear forces. He held that job between 1991 and 1994 in the Bush administration, just after the Cold War came to an abrupt end. But the U.S reliance on nuclear deterrence did not.

    While working for the Joint Chiefs under the direction of General Colin L. Powell, Butler was charged with reevaluating the U.S. nuclear deterrent in the aftermath of the Cold War. It was Butler’s recommendation to stand down the U.S. nuclear force from hair-trigger alert for the first time in 30 years, and the Bush administration acted on his recommendation, with Mikhail S. Gorbachev, then the Soviet leader, following suit.

    “So I felt when I retired in 1994,” Butler recalled, “that nuclear-arms control was on a pretty good track. START 11 was signed and starting the ratification process, and I had a great sense of relief and gratification that all had begun to change fairly quickly.” But he ruefully concedes that his optimism was misplaced: “Here we are, years later, and things look pretty much the same.”

    The impasse on nuclear-arms control deeply worries Butler as he assays a Russia close to ruin with deteriorating control over its still deadly nuclear arsenal. “The Russians survey a strategic landscape in which our Senate has imposed a moratorium on any sort of cuts that we might make, so here we are with 6,000, 7,000 operational weapons, about half of them on alert; and they are struggling to keep about a third of that many viable.”

    While everyone is focused on the fighting in Kosovo, Butler considers Russia’s weakness and instability a prescription for disaster and so has devoted his retirement years to getting arms control back on track. The father of two and grandparent of three, Butler is highly motivated in his quest to ban nuclear weapons, but then again he knows what those weapons can do when perhaps the rest of us have forgotten.

    Question: The whole effort to abolish nuclear weapons, which you have been involved with, seems to be on a back burner as relations with the Russians deteriorate. Are you worried about their ability to control their own weapons?

    Answer: I am, to some extent. My own view is that, with regard to the operational weapons, I think they’re as concerned as we, if not more so, about keeping those accountable and safe and secure. I worry more about the components back in the labs and in the multiplicity of storage sites that they built over the years, and I just can’t believe they have the resources to keep those to the same standards that they did during the Cold War. I’ve been following some of the reports coming out of the secret cities — for example, Krasnoyarsk, where that reactor is still running, cranking out maybe 40 tons of plutonium a year and folks are on half-wages and dispirited and poor morale and God knows what kind of discipline they’re able to maintain, and that’s an enormous temptation. So I guess I worry more about that stuff getting into the wrong hands than I do about accidental launch.

    Q: Speaking of stuff getting into the wrong hands, what do you make of the charges of China stealing secrets from the Los Alamos lab?

    A: I’m not so much outraged that China is spying on us. Everybody spies on everybody else–even our friends spy on us. That’s one thing, but that just simply means we all have the greater obligation to safeguard those secrets we feel could be most damaging to our national security if revealed. So I put a lot of responsibility on our own doorstep here.

    Q: In terms of arms control, what right do we have, aside from that they shouldn’t steal, to tell China not to develop an arsenal of this sort?

    A: We don’t, we clearly don’t have that right. Part of the cross we bear by continuing to maintain this Reaganesque nuclear-weapons policy is that we’re hoist on the petard of our own nuclear-weapons rhetoric. I keep thinking about that phone call the president must have had with his counterparts in India and Pakistan, trying to persuade them not to test or to develop nuclear weapons when we still have words that say nuclear weapons are essential to our security. In fact, they are the cornerstone of our security, when we have no reasonable threat that we can point to; and yet any of those nations can say, “Look at us, our survival is threatened.” It puts us in a terrible position with regard to containing proliferation, or just to bring moral suasion to bear in terms of trying to end the nuclear era after half a century.

    Q: Why hasn’t there been more progress toward eliminating nuclear weapons?

    A: It’s a whole host of things. I thought there was a kind of a cosmic roll of the dice, in the sense that, at the very moment the Cold War was coming to a spontaneous, unanticipated conclusion, George Bush failed at reelection and, consequently, at a moment when what we needed more than anything else was continuity in our national-security and foreign- policy team, it was totally disrupted.

    Q: But why is the Clinton administration not more aggressive on nuclear-arms control?

    A: It’s really puzzling. If I had to put my finger on it, in this arena real progress comes down to one thing, and that is motivation and guidance from the top. It has to come from the Oval Office, and that’s why I hark back to the latter days of the Bush regime, because that’s the way all that got done. There was no anguishing negotiation with our own bureaucracy, much less that in Moscow. We just made a political calculation of what the new state of the Russia-U.S. relationship would tolerate safely, measures that we could take independently that would send a signal of trust. There was a willingness to exercise boldness and leadership and vision, and I don’t think that this administration came to town prepared to do that on the international front. They had a very ambitious domestic agenda and tackled things like Medicare right out of the bag. Got off on a terrible foot with the military, and I think all that soured the relationship and, to some extent, poisoned the well.

    Q: Also, with Bush, it was good having a war hero as president who couldn’t be baited as being a dove.

    A: Yes. In my view, the single most important set of arms-control accomplishments were George Bush’s unilateral measures back in ‘9 1. We took all of the tactical nukes off the ships and brought them home from Europe and took the bombers off alert and accelerated the retirement of the Minuteman H force. And [Soviet President Mikhail S.] Gorbachev kind of unilaterally followed suit shortly thereafter and accelerated retirement of some of their programs that we’re standing down under START 1. It’s kind of ironic that, today, we have a Republican Congress that thwarts arms-control progress and yet it was a Republican administration that really moved the ball down the field.

    Q: What about the threat from China and from the so-called rogue nations?

    A: I’ve been through this so many times–it was my business, and this stuff about rogue nations, it just infuriates me to hear responsible people use bumper-sticker labels like that. As if you can reduce the complexity of sovereign entities with complex histories and cultures and bureaucracies to a label in order to avoid having to think about them seriously. We call Iran a rogue nation, and 20 years ago they were our closest ally; when the shah was in power, they were our friends.

    Q: If one accepted the idea of a sort of rogue or terrorist nation or force, it is difficult to think of thwarting them with sophisticated nuclear delivery systems.

    A: Exactly. I went through this in the Persian Gulf, because I was the planner and had to think through the question of what if Saddarn [Hussein] has a so-called weapon of mass destruction, which is another term I just really dislike because it lumps together three weapons of enormously disparate consequence. But it doesn’t take long to parse that out. If he’d employed chemicals, there is no circumstance I can imagine under which the United States should or would have replied with a nuclear weapon, or biological for that matter. Those are terrible weapons, but we’ve faced chemical weapons for years. And biological weapons, when you look at them from a battlefield perspective, which I’ve done much of my years as a planner, they’re pretty difficult to even think about how you use them without threatening yourself as much as anybody else.

    And as far as a nuke is concerned, my sense was that even if he’d had a nuclear weapon, I cannot imagine he would have employed it except in extremis, which means that we were going to occupy his country and either kill him or put him on trial as a war criminal–in which case, I suspect, where he would have employed the weapon, presuming it actually worked, would not have been against us or Saudi Arabia but probably in Israel. In which case there is nothing we could have done to stop that; it would have been an extraordinary catastrophe.

    But in terms of using a nuclear weapon in retaliation, the political and military and economic consequences or obstacles were just overwhelming.

    Q: Let me ask again about China and the risk of their putting a sophisticated warhead on a ballistic missile.

    A: You’re out there worrying about the prospect of ballistic missiles, but for most nations that would be the last thing in the world you’d ever want to resort to in terms of a desire to explode a nuclear device against the United States. There are more technologically efficient ways of getting that done. Suitcase bombs or offshore launching of a cruise [missile] strapped to the hull of a freighter are far more plausible than any ballistic-missile attack.

    But all of that presupposes an urge on the part of China to make a nuclear attack on the United States, which is effectively to commit suicide, and that’s where it all breaks down for me.

    China has only been re-demonized here recently. Even in the latter stages of the Cold War, we didn’t treat China as much of a threat. All of a sudden now, they’re being elevated again. That’s still a country that is fragile and, in some respects, perishable as any nation that size could possibly. be. To me it’s part and parcel of the business of not thinking responsibly or even intelligently about the international environment in which we operate, what U.S. interests are and how we deal with the nations that intersect most importantly with those.

    Q: What do you think about this revival of the Strategic Defense Initiative?

    A: I have a lot of reservations about it. I feel a sense of personal responsibility because the Rumsfeld Report, which I helped author, is being touted by the proponents of ballistic missile defense as being justification for getting on with it. But what I told [former Secretary of Defense Donald H. Rumsfeld] and said to committees on the Hill in private, when we took our report over at their request, was I see no need to proceed to ballistic missile defense until the following requirements are met: One, we see threats that are commensurate with that level of effort, and nothing that we had in our report portrayed that. Secondly, that the technology is in hand; you just can’t wish and make it happen. And third, that whatever we do, we don’t unilaterally abrogate the [Anti-Ballistic Missile Treaty], that we make this a cooperative negotiation with Russia that finds a way to square the circle of our security concerns and theirs.

    Q: Finally, what are the risks of accidental nuclear war?

    A: What one would worry more about is the kind of event that happened in January of 1995, when that experimental rocket was launched in the coast of Norway. That was initially assessed by the Russian command-and-control system as having been a Trident launch, and that was passed on all the way up to [President Boris NJ Yeltsin as a prospective ICBM attack from the United States. That information was only headed off in the final few moments.

    The Russian command-and-control system and early-warning system is in a state of great decline. About two-thirds of the satellites they relied on for early-warning capability are inactive or failing. That means there are very large sectors of the United States they either can not see or can not see for several hours each day–which puts them in a much more fragile posture with regard to the single most critical aspect of this deterrence equation, which is adequate forewarning of an attack. They are experiencing false alarms now on almost a routine basis. And I shudder to think about what the state of the morale and discipline of their rocket forces are, who are suffering along with everyone else with regard to not being paid and inadequate wages and an extremely dismal quality of life.

    There are worrisome aspects to all of that, but those are circumstance that we can deal with the simple step of reducing the alert status of these weapons. That’s why people like myself are so puzzled and dismayed that our government won’t even address that.

    “By continuing to maintain this Reaganesque nuclear-weapons policy … we’re hoist on the petard of our own nuclear-weapons rhetoric.”

    “This stuff about rogue nations, it just infuriates me … As if you can reduce sovereign entities with complex histories and cultures and bureaucracies to a label.”

    “You’re out there worrying about the prospect of ballistic missiles, but for most nations that would be the last thing in the world you’d ever want to resort to.”

    * Robert Scheer is a Contributing Editor to The Los Angeles Times and the author of “With Enough Shovels: Reagan, Bush and Nuclear War.”

  • General George Lee Butler University of Pittsburgh Speech

    ” … it is my profound conviction that nuclear weapons did not, and will not, of themselves prevent major war. To the contrary, I am persuaded that the presence of these hideous devices unnecessarily prolonged and intensified the Cold War. In today’s security environment, threats of their employment have been fully exposed as neither credible nor of any military utility.”

    Good evening, Ladies and Gentlemen, and thank you Wes for your gracious introduction. My relationship with Wes Posvar is one of the threads that traces the evolution of my thinking back to the earliest years of my life as a military professional. His powerful intellect and rigorous standards of excellence imbued me with a profound determination to be worthy of my responsibilities as servant of the nation’s security. That is a responsibility that continues to move me very deeply, and indeed, it accounts for my presence this evening.

    I have brought with me another servant of the national interest whose contributions and sacrifices made a lasting imprint on my career and on the lives of thousands of colleagues with whom I served. My wife Dorene assumed the demanding obligations that derived from my duties with extraordinary grace and competence. She left a lasting mark on the quality of life of military families. In our new life, she serves as a principal officer in our foundation dedicated to reducing nuclear dangers, and is my most trusted and valued advisor.

    I want also to acknowledge the University of Pittsburgh for organizing this conference to address the future role and mission of nuclear weapons. In my judgment this is the central issue of our age. I still find it near miraculous that we now live in an age where the prospective elimination of these weapons can be seriously addressed. But, as I have made clear in my public remarks over the past three years, I am dismayed by how badly the handful of nuclear weapon states have faltered in their responsibilities to reduce the saliency of their arsenals.

    It is not my intention tonight to reiterate the explicit concerns that underlie my dismay. Those concerns are spelled out in a series of five speeches that progressively develop my thinking as I have absorbed the arguments of my critics, devised alternative strategies for elimination with like-minded colleagues and reflected on the steadily eroding progress of traditional arms control approaches.

    With respect to critics, I noted with interest that the convenors of this conference chose a negative formulation of its subject: why not nuclear abolition? That is useful if only because it serves as a reminder that proponents of abolition must be deeply mindful of the risks and obstacles that must be accounted for both along the path and at the end state of a presumptive nuclear weapons free world. By way of introduction to my principal remarks, I will suggest that these difficulties and dangers are most often posited in terms of three key arguments. First, that nuclear weapons cannot be “disinvented;” second, and relatedly, that abolition cannot be verified; and third, that the absence of nuclear weapons will make so-called “major wars” once again possible.

    I will touch on the first two of these arguments briefly and the third at length. But let me begin by noting that they all obscure an absolutely vital understanding. I came to appreciate early on in my long association with nuclear arms control that issues regarding risk reduction and prospectively abolition depend in the final analysis upon judgments about costs and benefits, both along the path and at the end state. These judgments in turn depend upon a disciplined and continuing assessment or the security environment in which reductions might be taken, or state of abolition is to be maintained.

    Too often, however, the risks of abolition are simply asserted as if they could not be adequately mitigated. Such assertions typically project upon that end state a risk calculus posed in terms of today’s sovereign relationships, technological tools and societal attitudes. This mindset ignores or discounts the stunning reality that the global security environment has already been profoundly transformed by the end of the cold war. It also misses the point that this astonishing and wholly unanticipated eventuality was itself the product of both serendipity, such as the elevation to power of Mikhail Gorbachev, and the willingness of statesmen to work relentlessly toward reducing nuclear dangers even in the face of unrelenting tension.

    As to the merits of these arguments, with respect to the first I would suggest that a world free of nuclear weapons but burdened with the knowledge of their possibility is far more tolerable than a world wherein an indeterminate number of actors maintain or seek to acquire these weapons under capricious and arbitrary circumstances. The former is effectively a condition of existential deterrence wherein all nations are marginally anxious but free of the fear of imminent nuclear threats. The latter is a continuing nightmare of proliferation; crises spun out of control and the dreaded headline announcing a city vaporized in a thermonuclear cloud.

    As regards verification, I need only to pause and reflect on the extraordinary progress we have witnessed in this arena since the superpowers committed themselves to reduce their nuclear arms, and then imagine what can be achieved when they finally commit themselves to their elimination. I can equally imagine, having already 13een party to an instance of forcible denial, the regime of both sanctions and incentives that can be designed to severely penalize cheating and rewar13 compliance. That regime will become increasingly imaginable and attainable as the distant goal of abolition draws nearer and nearer.

    Finally, with respect to the argument that nuclear weapons have and will in perpetuity preclude so-called “major war,” I take great exception with its unstated premise that the Soviet Union was driven by an urge to armed aggression with the West, and that nuclear deterrence was the predominant factor in a presumed Soviet decision to refrain from armed attack. Greater access to former Soviet archives continues to shed critical new light on the intentions and motivations of Soviet leaders. For example, in the current issue of Foreign Affairs, Vojtech Mastny, a senior Research Scholar at the Cold War International History Project of the Woodrow Wilson Center, has concluded that, and I quote, “the much-vaunted nuclear capability of NATO turns out, as a practical matter, to have been far less important to the eventual outcome than its conventional forces. But above all, it was NATO’s soft power that bested its adversary.”

    The importance of this point cannot be overstated, because it goes to the heart of the debate over the future role of nuclear weapons as justified by the asserted primacy of nuclear deterrence in averting major conflict during the Cold War era. Certainly, there is no question that the presence of nuclear weapons played a significant factor in the policies and risk calculus of the cold war antagonists. It may well be that once these weapons were introduced into their respective arsenals, nuclear deterrence was their best, and their worst, hope for avoiding mutual catastrophe.

    It is equally clear, however, that the presence of these weapons inspired the United States and the Soviet Union to take risks that brought the world to the brink of a nuclear holocaust. It is increasingly evident that senior leaders on both sides consistently misread each other’s intentions, motivations and activities, and their successors still do so today. In my own view, as I observed in my speech to the national press club in February of last year, nuclear deterrence in the cold war was a “dialogue of the blind nth the deaf. It was largely a bargain we in the west made nth ourselves.”

    As a strategist, I am offended by the muddled thinking that has come increasingly to confuse and misguide nuclear weapons policy and posture, the penalties of which are increasingly severe. Arms control negotiations are in gridlock as the United States and Russia cling to doctrines and forces that are completely irrelevant to their post-cold war security interests. Both nations are squandering precious resources at the expense of conventional military capabilities in growing demand and in the process of being steadily eroded. They have rendered moot their obligations under article VI of the Nonproliferation Treaty, and thereby greatly diminished their moral capacity to champion its cause. The price of this folly is of historic import. By exaggerating the role of nuclear weapons, and misreading the history of nuclear deterrence, the united states and Russia have enshrined declarations and operational practices that are antithetical to our mutual security objectives and unique defense requirements. Worse, in this country, they have weakened our grasp of the power and the application of classic deterrence in an age when we stand preeminent in our capability to bring conventional military power to bear on our vital interests.

    We continue to do so in the face of compelling evidence that nuclear deterrence was and remains a slippery intellectual construct that translates very poorly into the real world of spontaneous crises, inexplicable motivations, incomplete intelligence and fragile human relationships. The fog of fear,

    Confusion and misinformation that enveloped the principals caught up in the Cuban missile crisis could have at any moment led to nuclear annihilation. The chilling fact is that American decision-makers did not know then, and not for many years thereafter, that even as they contemplated an invasion some one hundred soviet tactical nuclear warheads were already in place on the island. No further indictment is required to put the elegant theories of nuclear deterrence in perpetual question.

    But this lesson has been made time and again, in Korea, in Indochina and most recently in the Persian Gulf, successive presidents of both parties have contemplated and then categorically rejected the employment of nuclear weapons even in the face of grave provocation. Secretary James Baker’s infamous letter to Saddam Hussein was a bluff as concerns the potential use of nuclear weapons. Not only did Iraq violate its prohibition against “the destruction of Kuwait’s oil fields,” but analysis had already shown that a nuclear campaign against Iraq was militarily useless and politically preposterous.

    In sum, it is my profound conviction that nuclear weapons did not, and will not, of themselves prevent major war. To the contrary, I am persuaded that the presence of these hideous devices unnecessarily prolonged and intensified the cold war. In today’s security environment, threats of their employment have been fully exposed as neither credible nor of any military utility.

    And so we now find ourselves in the worst of all outcomes. Policy is being reduced to simplistic declarations that nuclear arms are merely “political weapons,” as if they can be disconnected from the risks of misperceived intent, the demands of operational practice, and the emotional cauldron of an acute confrontation. Superpower postures are being largely maintained at cold war levels, at enormous expense and increasing risk. New entrants are elaborating primitive forces and so-called deterrent policies without benefit of the intricate and costly warning and control measures essential to any hope of crisis stability. Finally, new forces are coming into play as political pressure build to deploy ballistic missile defenses, as governments rise and fall, and as regional animosities deepen.

    This is truly a dismal state of affairs. But it was not foreordained. Rather, it is the product of a failure of the worst kind in the realm of national security, that is, a failure of strategic vision. I do not make that criticism lightly, because I have held responsibilities for anticipating and acting on the perceived consequences of strategic change at the highest levels of government. I want to dwell on that experience for a moment because it leads me to a precise explication of how I view nuclear abolition as a goal and as a practical matter in light of contemporary circumstances.

    Ten years ago I was engaged in one of the greatest intellectual challenges of my military career: rewriting United States’ national military strategy in anticipation of the end of the cold war. At the time I was the director of strategic plans and policy for the nation’s armed forces, reporting directly to chairman of the Joint Chiefs of Staff Colin Powell. I was working under his guidance to redefine the roles, missions, organization and equipage of our military forces in light of what we both foresaw as the precipitous decline of soviet-style communism. Having concerted our views on the broad-brush strokes of this new global canvas, it was then my task to fill in the details and present them for his consideration. I felt well prepared for this effort, having spent the previous two years engaged in intensive interaction with high level soviet officials. I had also invested an enormous intellectual effort to imagine how historic forces might re-emerge after the Cold War to shape the world security environment.

    In my view, the revised strategic portrait I drew nearly a decade ago, amended by my conclusions during three subsequent years as commander of the strategic nuclear forces, is still largely relevant to the security tasks that presently confront us. First and foremost, it was founded on the premise that the United States must continue to play the leading role in sustaining and extending global peace and stability. Second, it posited that managing relations with a Soviet Union engaged in a sweeping transformation was by far our primary security interest, especially in its nuclear dimension. Third, it identified stability in the Persian Gulf and Korean peninsula as vital interests, which is to say that challenges to those interests must be met with immediate and overwhelming force. Fourth, it imagined that other smaller contingencies might arise requiring some form of American intervention with less robust forces and objectives.

    This broad global framework was tied to a highly detailed and rationalized force structure and organization that differed dramatically from the cold war era. It presaged a thirty-percent reduction in the size of the armed forces, a much more compact alignment, a premium on joint warfighting and a highly sophisticated equipage that would elevate warfare beyond the reach of any prospective opponent.

    That vision of global leadership, security priorities and robust conventional forces was short lived. It began on a high and promising note. Events in the summer of 1990 quickly proved the thesis that we would not tolerate a challenge to our vital interests in the Persian Gulf. Iraq’s aggression aims were stopped, reversed and harshly penalized by forceful American leadership and a brilliant combined arms campaign that took Iraqi forces out of play with blinding speed and with minimal coalition casualties. Shortly thereafter, president bush took a series of unilateral steps that dramatically advanced the purposes and the prospects of nuclear arms control. Then, with the sudden collapse of the Soviet Empire, the stage seemed set for an historic realignment of the forces and the rules governing security relations among sovereign states.

    Today, I am dumbfounded as I survey the global security landscape. United States leadership is unfocused and uncertain, reeling from crisis to crisis, sharply divided over ends and means, bereft of a sense of larger purpose. Our nation is materially driven and spiritually depleted. Relationships with Russia and with China hang by diplomatic threads, the consequence of policies that have proven intemperate, shortsighted and too often premised on wishful thinking. Saddam Hussein has restored his power base and dismantled the inspection regime, and we have yet to decode the bait and switch tactics emanating from Pyongyang.

    Finally, our precious conventional forces are under enormous stress, stretched thin across a host of roles and deployments, their capabilities diminished by falling readiness, only recently have congress and the administration acknowledged these debilitating circumstances and begun to provide the resources required to reconcile our strategic ends and means. In the meantime, all of the services have seen their ranks thinned by disaffection, grinding deployments and economic distress. Worse, the services are still required to fund a highly wasteful base structure and an unending array of pork barrel projects and programs.

    What then is missing from the current security debate? Why are we en aged in such an indeterminate and divisive quarrel over the most fundamental questions of national security? With respect to the conventional roles and missions of our armed forces, the answer is clear: as a nation we have yet to redefine much less to inculcate into our national psyche the broader scope of our vital interests in the post-cold war era.

    Nothing could make this point more sharply than the agonizing events in Kosovo. We are conducting a major air campaign in an undeclared war for extremely demanding objectives, yet unwilling to commit the ground forces essential to victory or to suffer the inevitable casualties. We want our strategic cake and to eat it as well. We have declared intolerable, that is, contrary to our vital interests, the humanitarian disaster in the Balkans yet want to reverse its circumstances on the cheap. As a consequence, we have contributed to the disaster and called into question our commitment to defend what we declare to hold dear.

    With respect to nuclear forces and policy, the failure of vision is compounded by a failure of imagination, of sheer intellectual paralysis. The traditional arms control process, which served us well through the tensions of the cold war, is not just stalled, but dysfunctional, it is freighted with psychology, language, assumptions and protocols that perpetuate distrust, constrain imagination, limit expectations and prolong outcomes. It is mired in partisan politics; the nation’s most vital interest reduced to a spiteful liberal — conservative standoff. It focuses on things that now matter relatively less, like numbers of warheads, at the expense of things that matter a great deal more, such as the policies that drives the numbers, and the rapid response postures. With regard to the non-proliferation treaty, ingrained pat-terns of interaction between the nuclear and now nuclear weapon states are promoting a train wreck; a collision of competing expectations that I believe is at this juncture irreconcilable.

    Clearly, it is time for reappraisal of what is possible and what is not, what is desirable and what is not, or simply what is in our best national interest. Was it mine alone to resolve I would propose the following path. With respect to the goal of abolition, I believe it is the only defensible goal and that goal matter enormously. First and foremost, all of the formally declared nuclear weapon states are legally committed to abolishing their arsenals in the letter and the spirit of the nonproliferation treaty. Every President of the United States since Dwight Eisenhower has publicly endorsed elimination. A clear and unequivocal commitment to elimination sustained by concrete policy and measurable milestones is essential to give credibility and substance to this long—standing declaratory position.

    Such a commitment goes far beyond simply seizing the moral high ground. It focuses analysis on a precise end state; all force postures above zero simply become waypoints along a path leading toward elimination. It shifts the locus of policy attention from numbers to the security climate essential to permit successive reductions. It conditions government at all levels to create and respond to every opportunity for shrinking arsenals, cutting infrastructure and curtailing modernization. It sets the stage for rigorous enforcement of nonproliferation regimes and unrelenting pressures to reduce nuclear arsenals on a global basis.

    That being said, however, in keeping with the unanimous conclusions of my colleagues on the national academy of science committee on international security and arms control, in our 1997 report, I am persuaded that the more attainable intermediate step is the prohibition of nuclear weapons. Prohibition is the more familiar coin of the realm in global efforts to constrain weapons of mass destruction. The biological and chemical weapons conventions have put down the indisputable marker that as weapons of mass destruction these means are morally repugnant and an affront to humanity. The realization cannot be far behind that as the only true weapons of mass destruction, nuclear arms are not only a candidate for prohibition, they should have been the first objective.

    Next, regarding the steps toward prohibition, clearly the most urgent concern should be those elements of nuclear capabilities that pose the most immediate danger. In my judgment, those

    elements begin with the practice of maintaining thousands of warheads on high states of alert, which is to say, launch readiness. Having successfully proposed to President Bush in 1991 to reduce bomber launch readiness from several minutes to days, I am appalled that eight years later land and sea based missiles remain in what amounts to immediate launch postures. The risk of accidental or erroneous launch would evaporate in an operational environment where warheads and missiles are de-mated and preferably widely separated in location.

    Third, it is imperative to recognize that all numbers of nuclear weapons above zero are completely arbitrary; that against an urban target one weapon represents an unacceptable horror; that twenty weapons would suffice to destroy the twelve largest Russian cities with a total population of twenty-five million people-one-sixth of the entire Russian population; and therefore that arsenals in the hundreds, much less in the thousands, can serve no meaningful strategic objective. From this perspective, the start process is completely bankrupt. The start 11 ceiling of 3000 to 3500 operational warheads to be achieved by the year 2007 is wholly out of touch with reality; the start iii objective of 2000 operational warheads is a meaningless reduction in terms of the devastation at such levels.

    In light of the current, complexly interrelated and intransigent attitudes of the nuclear weapons states-declared or otherwise-the best compromise is an arbitrary figure in the hundreds as defined by the arsenals of China, France and Great Britain. Numbers above that level are simply irresponsible, owing more to bureaucratic politics and political demagoguery than any defensible strategic rationale.

    At some future juncture, the thorny questions of warhead versus delivery system accountability, and tactical nuclear stockpiles must come into play. But what matters most in the current atmosphere is to reduce the saliency of nuclear weapons. That first requires the United States and the former Soviet Union to stop brandishing them by the thousands as if their cold war hostility were undiminished. America and Russia are not enemies. Rather, we are common survivors of a perilous enmity who could find no better solution to their entangled security fears than the monstrous resort of mutual assured destruction.

    Finally, with regard to the crucial question of deploying a national ballistic missile defense, let me recall here what I said to the Congress on this subject as a member of the Rumsfeld Commission. My position rests upon the following conditions, none yet evident. First, that we devise a system relevant to the threats described by the commission report. Second, that the technology essential to deploy such a system with high confidence be in hand. And, third, that in any case, we bend every effort to accommodate such a system within the bounds of ABM Treaty amended as necessary in concert with Russia. To do otherwise invites a series of consequences that may leave us far worse off, than the missile threats we strain to confront.

    In closing, let me underscore that this imposing agenda is a necessary but far from sufficient step toward regaining our strategic footing as the worlds most powerful nation. We cannot shrink from devoting the resources necessary to sustain conventional forces of unchallengeable strength. The capabilities and professionalism of our intelligence Community, badly eroded since the end of the cold war, must be rebuilt. And we must recognize our unique responsibility to preserve and extend the capacity of international organizations to combat global poverty and human abuse.

    Above all, we must remedy our loss of strategic vision and restore a sense of larger purpose, we have become much too prone to demonize our enemies, real or prospective, too ready to wield the meat axe of power politics than to stay the course of patient diplomacy. Nothing I have read makes this case more cogently than the sophisticated agenda set forth by Bill Perry and Ash Carter in their recent book, Preventive Defense, which should be required reading for both diplomats and warriors.

    Our best guide in the process of national renewal is simply to act in accordance with the principles and values that set us apart from tyranny and above the murderous inst114cts of racial, ethnic and religious hatred. That is what must underwrite your deliberations in this conference. It is also the test that will ultimately define our goodness as a people, our worth as a nation and our legacy to humanity.

    * General George Lee Butler retired from 33 years of military service on February 28, 1994. He served with distinction and completed numerous flying and staff assignments, including professor of nuclear subjects at the Air Force Academy. General Butler was the last Commander-in-Chief of the Strategic Air Command (SAC) before that command ended in 1992. He served as the Commander-in-Chief of the United States Strategic Command, successor to the SAC, at Offutt Air Force Base, Nebraska, and formulated strategic plans and policy for the Joint Chiefs of Staff. In both command positions he helped in the revision of US nuclear war plans. He was the principal nuclear advisor to the president to whom the president would have issued a command tolaunch America’s nuclear arsenal. Butler currently serves as a member of the Council on Foreign Relations as well as the Committee on International Security and Arms Control for the National Academy of Sciences and the Canberra Commission. He serves on numerous boards of Omaha civic organizations. He founded the Second Chance Foundation which, which has its headquarters in Omaha, and is dedicated to the effort of globally eliminating nuclear weapons by promoting public education of awareness of the dangers posed by nuclear weapons and sponsoring activities to reduce or to eliminate these dangers. Butler received the Nuclear Age Peace Foundation 1999 Distinguished Peace Leader Award for his courageous advocacy of abolishing nuclear weapons.

  • Nuclear Nationalism

    On May 28th last year the government of Pakistan followed that of India and tested nuclear weapons. While everyone else worried about the prospect of nuclear war in South Asia, Eqbal Ahmad, who died recently, predicted that Pakistan’s nuclear tests would have a more profound impact on its domestic politics than on its defence or foreign policies. As on so many other occasions he was proven right. In early May, the government ordered 10 days of national celebrations to mark the first anniversary of Pakistan’s new found “self reliance” and “impregnable defence.” The festivities offer a window into the minds of those heading the newest nuclear weapon state and warn of a dangerous future for the country.

    The numerous events organised and sponsored by the state made it clear that at one level the celebrations were designed to deepen and broaden support across the country for the government and for nuclear weapons. The events announced were to include “a competition of ten best milli [nationalistic] songs, seminars, fairs, festive public gatherings, candle processions, sports competitions, bicycle races, flag hoisting ceremonies, etc.” Thanksgiving prayers and special programmes for children and debates among school children were also arranged. Appropriate programmes were aired on national television and radio networks as well as local radio in the regional languages. To make sure that no missed out on what was being celebrated, cities and towns were decorated with banners and giant posters carrying pictures of Pakistan’s nuclear weapons scientists and Prime Minister Nawaz Sharif against a backdrop of mushroom clouds. The weapons themselves were not absent. Replicas of Pakistan’s recently tested nuclear missiles and a giant scale model of the nuclear test site at Chaghi in Baluchistan were constructed and put up. Even markets and crossroads were named after nuclear weapons scientists.

    There has probably never been an occasion like this before. It is nothing less than glorying in having acheived the capacity to commit mass murder and, as such, fundamentally immoral. Weapons are tools of violence and fear; and nuclear weapons the ultimate in such tools. All decent people detest them. No one should glory in their existence, never mind their possession.

    There is more here than glory. A state is using all its authority and instutional resources to build pride in having nuclear weapons into the very national identity of a people. Pakistanis are meant to rejoice and delight and think of themselves as citizens of “Nuclear-Pakistan” — a term used by state media. To the extent the state succeeds at its efforts at creating a nuclearised nationalism, Pakistan, henceforth, shall be a country whose identity is based not just like others on a sense of a shared place, or history, language, culture, or even religion. Its identity shall be inextricably linked to a technology of mass destruction. For some this has already happened: as Information Minister Mushahid Hussain proudly puts it: “Chaghi has become a symbol of Pakistan’s identity all over the world.”

    It is worth considering how having imagined itself as a nuclear-nation Pakistan will ever deal with nuclear disarmament. For the nuclear hawks, such as Mushahid Hussain, who have orchestrated the celebrations, that day is never to be allowed to dawn. Whenever the question of disarmament is raised, they will point to the public support for nuclear weapons they have worked so hard to manufacture and say: “How can we? Our people will not permit it. They want nuclear weapons.” With this they are trying to close permanently the door to real peace. Far better in their view an endless nuclear-armed confrontation with India, that in turn gives cause for demands for high military spending and excuses state failure and government excesses in other areas. Revelling in the success of the nuclear tests of 28 May last year was also meant to overcome the growing sense of fundamental political and social crisis. The whole affair certainly had the feel of a circus, albeit a nuclear circus. It offered a national distraction, a brief respite from the grinding daily experience of failure that consumes the time, energy and resources of the people of the country. There is hardly any point in recounting either the specific failures or the crises that have created them. They are all so well known. But it is worth doing as an act of solidarity with Najam Sethi, the editor of The Friday Times, who before he was abducted in the middle of the night by the police and intelligence agencies had written that the country was “in the throes of a severe multi-dimensional crisis. I refer to six major crises which confront Pakistan on the eve of the new millenium: (1) the crisis of identity and ideology; (2) the crisis of law, constitution and political system; (3) the crisis of economy; (4) the crisis of foreign policy; (5) the crisis of civil society; and (6) the crisis of national security.”

    The sense that in the glitter and the noise people were meant to forget that there has been 50 years of abject failure when it comes to the state providing them with social justice or basic needs is sharpened by 28 May being declared to be the most important date since independence. It suggests a search for a new beginning; the rebirth of a nation. This third birth of Pakistan, after 1947 and 1971, is no more auspicious than the first two. Each birth has been violent and produced violence. The first, out of the horrors of Partition, failed to produce a viable constitution and led to military dictatorship and twice to war. The second birth, out of the slaughter in Bangladesh, failed to produce democracy and led to more dictatorship, and the sectarian demons who now haunt the land. The third life, a Pakistan born out of nuclear explosions, carries the threat of terminal violence.

    It is worth delving a little deeper into what the nuclear circus was meant to conceal. It was meant to be an affirmation of strength, pride and ‘virility’ – at least that is what Pakistani President Rafiq Tarar called it. What this tries to conceal, if not erase altogether, is that events after last year’s nuclear tests provided clear evidence of the weakness of this country. The sanctions that were imposed by the international community after the tests were lifted not because the world was awed by Pakistan’s new nuclear might, but because they took a really good look at it and were horrified by its obvious fragility. Sanctions were lifted because otherwise the country would have fallen apart and nobody wanted to see that happen particularly now that nuclear weapons were involved. It was an act aimed to protect Pakistan from itself–or more accurately, to try to protect its people from the criminal stupidity and recklessness of its leaders.

    It is easy to see how having to accept this realisation of weakness would have created a crisis among those who were responsible for taking the decision to test. One the one hand they tested nuclear weapons and thought of themselves as being strong and having broken the “begging bowl”. On the other, the world offered them pity and charity, because otherwise the country would collapse. And thus the nuclear circus as a way of ridding their minds of these fears and memories. The louder and brighter the circus the deeper the anxiety about being weak could be pushed. No wonder then that government press releases insisted the nation was united “to pay tribute to the courage, statesmanship and maturity of Prime Minister Nawaz Sharif.”

    A bomb, a nation, a leader.

  • No More Kosovos!

    I would like to discuss with you what the Global Action to Prevent War program could have done in helping to prevent the Kosovo crisis, what contribution it still might make to a solution there, and what it could do to prevent future Kosovos and Rwandas.

    This is a practical way of reviewing the part of the Global Action to Prevent War program that deals with preventing internal conflict and of eliciting your suggestions to improve the project. And your suggestions are much needed – this is a work in progress and one that is intended to help the practitioner.

    The full text of the Global Action to Prevent War program is on our website (www.globalactionpw.org). The purpose of Global Action where it concerns crises like Kosovo is to enhance the capabilities for conflict prevention of the UN, of regional security organizations, the international judicial system and human rights institutions, as well as of civil society everywhere, and to bring them all more fully into a highly active conflict prevention role.

    To do this, we envision about twenty individual measures, which I would like to describe briefly. (For clarity, I have numbered them in this paper.)

    Please bear in mind that it is unlikely that any of these measures alone could have decisive effect. They have to act together.

    To start with, (1) Global Action foresees a specific treaty commitment to admit official human rights monitors immediately on request to the host country and to facilitate their visits.

    Most countries have already undertaken numerous human rights covenants. There is no point in pressing for additional ones. What is needed is implementation of existing commitments. We know that acute Serb abuse of the Kosovars has been going on for at least ten years since Milosevic revoked the autonomy of Kosovo in 1989. Yugoslavia is a signatory of the Universal Declaration of Human Rights, of the International Covenant on Civil and Political Rights, and many other human rights covenants. These commitments are being violated by the Serb authorities.

    The Organization for Security and Cooperation in Europe (OSCE) has an agreed but complicated procedure for admitting human rights observers even when the host government is reluctant. It was invoked in Chechnya after much negotiation. What we are proposing here is a worldwide commitment that will make immediate entry of monitors to check compliance with existing human rights commitments a recognized right.

    If human rights monitors had visited Kosovo at the outset of the abuses there and immediately publicized their findings, reporting them to the UN High Commissioner for Human Rights, to the international courts, and to the Security Council, and had done this repeatedly, this would have inhibited Milosevic.

    Many NGO’s and diplomatic observers were in Kosovo observing the remarkable development of non-violent self-government there, but their reports did not get action out of Western governments. This is one of the several missed opportunities for preventing Kosovo.

    Remember that the explicit standard for existing human rights covenants, both for the UN and for the OSCE, is that the status of human rights within a given country is not solely a matter of national sovereignty, but a legitimate interest of the international community.

    (2) Another of our measures could have had even more effect — an international treaty on minority rights. This treaty would have promoted Kosovar autonomy and protected that autonomy, once granted, against arbitrary change. And its terms would have given the Kosovars status to complain to the international community and places to lodge these complaints – the UN Human Rights Commission, the International Court of Justice, the International Criminal Court, and ultimately, the Security Council. After many years of negotiation, in 1992, the General Assembly adopted a declaration on rights of minorities. We want to go a further step to give the declaration binding treaty power.

    (3) We would back this treaty on minority protection by a commitment to teach non-violent conflict prevention and productive intergroup relations in every participating country at every level of education – using the concepts covered in UNESCO’s program for a culture of peace.

    (4) Global Action foresees the establishment of a professional mediator corps at the UN, with counterparts in regional security organizations.

    (5) To feed into these positions and to provide the trained peacekeepers I will mention later, we also propose that, in UN member states, service in mediation, humanitarian aid, and in peacekeeping, be an accepted alternative to military conscription. Where armed forces are professional and there is no conscription, we ask governments to set up a career public service in these fields and to place these practitioners in senior government positions.

    We foresee that a corps of trained mediation professionals at the UN, at the disposal of the Secretary General and Security Council, would collect and analyze information about potential trouble spots and also about proven methods of conflict prevention. They would be sent out individually or in small teams to areas where conflict might develop. Their status would be protected and all UN member states would be committed to receiving them on their territory and facilitating their stay. Small teams could stay on site for months, becoming acquainted with the local population, working with local and foreign NGO’s, trying to bring hostile groups together, proposing solutions, investigating incidents and, if helpful, making their findings publicly known.

    The OSCE already does valuable work of this kind. Our proposal is that the work be intensified and be carried out by trained professionals with a reputation for institutional neutrality. Today, the Secretary General sends out small missions of this kind, but he has neither permanent professional personnel nor adequate funds for this function. A small group of mediation professionals could also be assigned to the Permanent Court of Arbitration in the Hague to permit it to undertake a more proactive conflict prevention role.

    These professional mediators in the field could warn UN Headquarters if there is a real possibility of armed violence. (6) They could also alert the Conflict Mediation Panel of the General Assembly that we propose. This open-ended committee of General Assembly members would be a less formal, more flexible conflict prevention group than the Security Council. It would not be subject to the veto and could set its own agenda by majority vote.

    In this case, the General Assembly Conflict Mediation Panel would send a team to Kosovo composed of UN representatives from various countries. It would hold on-site hearings, publicizing them if it seems desirable. In the Panel’s sessions in New York, as many as possible of them public sessions, it would invite Kosovars and Yugoslav diplomatic representatives, and perhaps some officials from Serbia, to tell their side of the story, and to listen to the Panel’s advice on what to do. It would be the obligation of this Panel to give the UN and the world public comprehensive, balanced information on the disputed issue and to propose possible solutions.

    One of the problems of conflicts like that in Rwanda and Kosovo is that, although government officials are often aware of these conflicts at an early stage, they do not publicize their reports. Media coverage in these early stages is often sporadic. As a result, the conflicts often hit an unprepared world opinion only when they are at an advanced state and organized killing has already begun. To give civil society a chance to do its job, it has to be brought in early. The same goes for governments in other areas and for national legislatures that may have to decide on aid, sanctions, or peacekeeping operations.

    In this case, the work of the professional mediators and of the Conflict Mediation Panel would alert the international community, along with NGO’s and publics in major UN member states, to the Kosovo problem. The media would intensify its coverage of Kosovo, and the political opposition in Yugoslavia would have grounds early on to question the actions of their government in Kosovo.

    (7) An important feature of our proposal is a reformed Security Council, expanded in membership and restricted in use of the veto through an informal understanding among the permanent members of the Security Council.

    We suggest that this reformed Security Council should make a deliberate decision to undertake a highly pro-active role in conflict prevention and should make the commitments in professional backup and financing needed to carry out this role.

    In the Kosovo case, backed by information from the Mediation Corps, whose personnel would serve the Council as professional staff for this program, and by information from the General Assembly’s Conflict Mediation Panel, the Security Council would invite the Yugoslav government to appear before it in a series of hearings to explain its policy in Kosovo. The Council would present the reasons for its own concern over the situation. It would give its advice to the Yugoslav government on treatment of the Kosovars and offer its assistance, both in personnel and money, to carry out this advice. In proposing this procedure, we are thinking also of other unresolved internal conflicts like those in Sudan and Sri Lanka. In the case of Kosovo, if the problem continued, the Council would invite the Yugoslav government to appear before it again and would warn it of the probable future consequences of its anti-Kosovar practices. It would point out to the Yugoslav government and the world public that the problem in Kosovo was becoming a threat to international security.

    This activity by the Security Council would prepare the road to further Council action, including the possibility of full negative publicity, the use of emissaries to Yugoslavia’s leaders, carefully selected economic sanctions, of preventive deployment of a peacekeeping force if the Yugoslav government is prepared to agree, or as a last extreme measure, of peace enforcement. The international community would be alerted at each step.

    (8) We believe the Security Council and the main UN member states should move step by step toward an agreed concept for humanitarian intervention based on the idea that governments are entrusted with stewardship of the welfare of their people, especially their human rights, and are accountable for their conduct of this stewardship, and that when this stewardship is misused or abused in an extreme way, the international community should be prepared to intervene in some form.

    The Council would decide in the individual situation whether this is the case and what action should be taken. Actual practice of the Security Council is moving toward this concept. A clear statement of it would have advantages for member state governments and publics.

    We are proposing that civil society be closely linked to this process by (9) formal liaison with the UN Secretariat and the Security Council and regional organizations and with a biennial conference of NGO’s working on all aspects of the conflict reduction field, with participation of the Secretary General and the presidents of the General Assembly and Security Council, to discuss field experience, good and bad methods and improved liaison at all levels.

    If the Security Council is blocked from action by vetoes, then resort should be made to the General Assembly by shifting action to the Conflict Mediation Panel or, in extreme cases, through the Uniting for Peace resolution used in the Korean War and in the big Congo peacekeeping operation of the 1960’s, when the Soviet Union paralyzed the Security Council with vetoes. These proposals for a General Assembly Conflict Mediation Panel, for a proactive role for the Security Council, and for resort to the Uniting for Peace procedure are not “future music.” They could be invoked today.

    (10) This is a logical point to mention that the Global Action project foresees the establishment of universal membership regional security organizations in each major region, each with conflict prevention capability. When intervention is carried out by a regional security organization, the Security Council should give its approval.

    We do not know the long term future of NATO. It may merge with OSCE or both may finally be absorbed into the European Union structure. But, according to our approach, NATO’s membership would have to become universal and NATO would have to recognize the authority of the Security Council.

    (11) We propose in the Global Action program that all newly concluded treaties should provide for referral of disputes to the International Court of Justice for adjudication, giving the court a more active role in conflict prevention. These activities need not be limited to interstate disputes: Under the minority rights treaty we propose, the UN Human Rights Commissioner and the Kosovar community in Yugoslavia would both have status to bring complaints to the Court.

    (12) We also assume effective operation of an International Criminal Court and authority under its procedures for the Kosovars to inform the court’s prosecutor at an early stage that abuses of their human rights are taking place. Effective operation of the Criminal Court will mean that the Court’s existence and practices would have a deterrent effect on actions and practices like those of the Yugoslav government against the Kosovars. We believe other aspects of the Global Action program will also have deterrent effects.

    (13) The Global Action program foresees the existence of full-time UN volunteer peacekeeping forces, a brigade in each major geographic region, with the capacity to call on member states for backup forces. (14) These units would be financed by the proceeds of an international tax, possibly on airline tickets, levied by member state legislatures.

    If the Yugoslav government was prepared to accept the force, the Security Council could propose preventive deployment of this force in Kosovo, stating an emergency was beginning to emerge. If the Yugoslav government refused, the Council could call for further steps, including carefully articulated economic sanctions and the use of military force under Chapter 7.

    In contrast to the present situation, these pre-financed peacekeeping troops would be ready to move on a few hours notice. (15) They would be backed by a standing UN police force composed of volunteer personnel who could also take on the job of maintaining order in Kosovo. There are many occasions, including Kosovo, where inviting in a police force poses much less of a challenge to national sovereignty than an outside peacekeeping force and could therefore be more acceptable to the host country and to the Security Council as well. UN-directed police personnel have been deployed in Haiti and the OSCE has also done so in Bosnia.

    If either of these forces had already been available, they might have provided a vital component for a negotiated solution of the Kosovo problem. In fact, I have been proposing that a United Nations peacekeeping force be substituted for NATO troops as an international peacekeeping force for Kosovo. A proposal to do this could bring about earlier agreement to end the Kosovo crisis than may be achieved otherwise.

    We are talking here of a more powerful Security Council and regional security organizations. To limit the possibility of abuse of power and to enhance accountability of these organizations, we want to (16) institute on a step-by-step basis the practice of judicial review of Security Council decisions by the International Court of Justice.

    What about the opposite problem from that of arbitrary action, the question of political will? Would governments and institutions really act to use this improved international security system?

    We believe so. First, authority in the system we are describing would be widely dispersed. There would be many separate decisionmakers: NGO’s, human rights officials, UN officials and representatives and governments. Above all, the potential victims themselves would have a much louder voice.

    What about timely decisions by regional security institutions or the UN Security Council to send peacekeepers? The issue of political will might become critical at this point.

    (17) As one measure to deal with this issue, Global Action proposes that the president of the General Assembly or his representative should participate in meetings of the Security Council to report on Assembly views and keep the Council engaged — and also accountable.

    As regards the Security Council’s capacity to act in a timely way without veto, we believe that the five permanent members, in their own self-interest of saving the Council from the cold war oblivion it would otherwise suffer and of preserving their own international influence as members of a functioning Council, may ultimately agree informally among themselves to restrict use of the veto. This restriction could be very limited, ad hoc, or general. Resort to the Conflict Mediation Panel of the General Assembly or to the Uniting for Peace procedure are possible alternatives.

    In addition, we are suggesting that (18) the Secretary General of the UN should be given authority by Charter amendment or decision of the Security Council to deploy a peacekeeping military or police force of limited size for conflict prevention only. For the deployment to continue beyond 30 days, it would have to be confirmed by the Security Council.

    Speaking more generally, when we raise the issue of political will, we are talking about education. A large part of what we call political will is learned behavior. (19) The Global Action project foresees an intense education program for political leaders at all levels, government officials, military officers and NGO’s on recognition of the signs of possible conflict and the logic of determined early action to prevent conflict.

    For Kosovo, we know the lesson already: the costs of failure to intervene early in the Kosovo crisis include the costs of the current NATO military campaign, the costs of caring for the refugees, the costs of an international force, the costs of rehabilitating Kosovo, as well as possibly Serbia, a total which will probably exceed $50 billion for all NATO countries for the next two years.

    Governments do not like to take early action. By and large, they believe that most incipient crises will dissipate and that there will be no need to incur the political and economic costs of action to cope with them. That is one lesson they draw from experience. That lesson is wrong in the field of internal conflict. Here, governments have to learn that when certain indicators are present, it is a necessity to pay for the insurance policy of early preventive action. Doing so will save more lives and it will be cheaper to pay these insurance costs than to risk the heavy costs of waiting.

    Using round figures, the maximum cost of applying all the measures proposed by Global Action for Kosovo and described in this paper would perhaps have been $400 or $500 million — excluding the standing peacekeeping brigades, $100 million — as contrasted to the loss of life and uprooting of thousands of lives and costs of at least $50 billion in the belated action now going on.

    This lesson about the need to act early can in fact be learned. A whole generation of Westerners went through World War II and came out with one lesson – the danger of allowing the human and material resources of Europe to fall under hostile hegemony. Without real hesitation, they followed that lesson into the cold war. Debate during the cold war was mainly about the methods.

    To cite another example, in the century between the end of the Napoleonic Wars and World War I, the British political class learned the lesson of early warning and early intervention and acted on these lessons scores of times. Sometimes the objective was laudable, sometimes not, but the point is that this kind of alertness can be learned.

    That is the kind of political understanding and political will that must ultimately arise with regard to prevention of conflict. It must be part of the training of every NGO, legislator, diplomat, and soldier on the planet to recognize and react to these symptoms early on. It is a central part of the job of supporters of Global Action to help to carry out this educational task with their political leaders and government officials.

    This description covers only that part of the Global Action program aimed at reducing the outbreak of internal war. Global Action’s program of conflict prevention is backed by a systematic program of transparency on all the components of military power, confidence-building, and conventional disarmament to prevent interstate war and big power war — a necessary complement.

    Let me draw a conclusion from these comments: This list of preventive measures is not and cannot be complete. We need the help of everyone who has ideas on this issue and of the many experienced workers in this field. Please give us your suggestions and help us make the Global Action approach better.

    Our argument is not that any single one of the 18 or 19 measures I have described today would have prevented the Kosovo disaster.

    It is that, working together, these measures, combined with the widespread conviction that armed conflict can in fact be prevented, and combined with insistent pressure from civil society – from all of us — can be a powerful force in drastically reducing the outbreak of armed conflict and in preventing future Kosovos.

    This is the main subject that the United Nations and world civil society should be working on in their preparations for the agenda-setting Millennial forums next year – and this is the subject that we at the Hague Peace Appeal conference should be thinking of today.

    * Jonathan Dean is an adviser on International Security Issues for the Union of Concerned Scientists, Suite 310, 1616 P Street, NW, Washington, DC 20036, 202-332-0900 FAX: 202-332-0905, Global Action to Prevent War.

  • NATO: Abandon First Strike Doctrine, De-Alert Nuclear Weapons

    The world has changed dramatically, even NATO itself has changed, not necessarily for the better, but NATO nuclear policy, based upon nuclear deterrence and a first use option, has not changed.

    For its first 40 years NATO was a defensive alliance. Its purpose was to defend against an attack on Western Europe by the Soviet Union. NATO relied heavily on the threat to use nuclear weapons to thwart such an attack. Regardless of what one thinks of this policy, it must be recognized that the need for such a strategy has passed.

    The Cold War ended. There is no longer a Soviet Union. The Warsaw Pact was dissolved. No threat against Western Europe currently exists, and the Russians have sought friendly relations with the West.

    How has NATO responded to this situation?

    First, it has expanded. George Kennan, an American elder statesman who crafted the containment policy against the former Soviet Union, has called NATO expansion the single greatest mistake in American foreign policy in the post Cold War era. It is a mistake because it threatens the Russians.

    Second, NATO has changed from a defensive alliance to an offensive alliance in disregard of its own Charter.

    NATO, is currently engaged in hostilities that are in clear violation of international law.

    Third, NATO has resisted any change in its nuclear doctrine. It continues to have a nuclear first-strike doctrine, meaning that NATO refuses to declare that it will use nuclear weapons only against attack by nuclear weapons.

    Fourth, NATO continues to maintain U.S. nuclear weapons in Europe, and continues to employ a nuclear sharing policy. U.S. nuclear weapons are located in Germany, UK, Turkey, Italy, Greece, Netherlands, and Belgium.

    It is important to note that all of this takes place under strong pressure from the United States, and is the result of U.S. leadership of NATO.

    When the new German government came to power and wanted to pursue a No First Use (of nuclear weapons) policy for NATO, the U.S. put strong pressure on them to fall into line. Similar pressure has been applied to Canada and to other NATO governments.

    What is wrong with NATO’s nuclear policy?

    It is terribly dangerous. It could have catastrophic results, by accident or design. It forces the Russians to greater reliance on their nuclear arsenal. It encourages nuclear proliferation. It violates international law, both the Non-Proliferation Treaty (Articles VI, and I and II) and the opinion of the International Court of Justice. Most tragically, it undermines the best opportunity we may have to rid the world of nuclear weapons.

    What should NATO do?

    1. Immediately declare a policy of No First Use, and a policy of Non-Use against non-nuclear weapons states.

    2. Remove all U.S. nuclear weapons from Europe, including withdrawal of Trident submarines from European waters.

    3. Express its support for the World Court decision on the illegality of nuclear weapons.

    4. Make an unequivocal commitment to the elimination of nuclear arms and take practical steps to accomplish this end, as called for by the New Agenda Coalition.

    5. De-alert its nuclear forces, and begin to separate warheads from delivery vehicles.

    6. Begin negotiations on a Nuclear Weapons Convention, setting forth an agreed upon plan for the phased elimination of all nuclear weapons.

    7. Declare an immediate cease fire in the Balkans, and return the issue of peace in the former Yugoslavia to the United Nations Security Council or to the UN General Assembly under Article 20 of the Charter and a “Uniting for Peace” Resolution if the Security Council is deadlocked.

    In concluding, I’d like to share with you a message I received by email from a friend in Russia, Alla Yaroshinskaya, who is an advisor to President Yeltsin:

    “We are very close to theatre of war in Yugoslavia and have information from both sides. And I am very afraid we are on the eve of 3rd world’s war. NATO and USA, bombing Yugoslavia, help very much our crazy communists to take into force sooner than they dreamed about that. And I think that USA has good chance to feel destruction on their own territory if power in such country like Russia with nuclear strategical weapons fall down to the hands of bloody Bolsheviks.”

  • Factsheet on Nuclear Arsenals and Y2K: Potential Y2K Vulnerabilities in Nuclear Operations

    There is a real danger of Y2K errors compromising nuclear safety. However, this danger is not in the weapons themselves. The nuclear missiles and warheads will not spontaneously launch or explode due to Y2K malfunctions. Launch control officers in submarines and ICBM launch control centers must physically turn keys, which are electromechanical in nature rather than digital. Also, for the officers’ actions to be translated into a real launch, a correct “unlock” code must be entered into the warhead and missile systems. The chance that a Y2K error would randomly transmit the correct unlock code to the warhead is infinitesimal.

    The threat of Y2K-induced nuclear war is found in two areas connected to daily nuclear operations: 1) Command and Control (C2) systems, which are primarily telecommunications systems that depend on automated routers and switches; and 2) early warning information systems, which includes not only the satellites and radars for detecting enemy launch but also the thousands of software programs and millions of lines of code for filtering, analyzing, correlating, and fusing the continuous stream of data so that humans can understand it. These “information technology” (IT) systems depend on giant databases that sort and store the incoming information through the use of dates. Also, the software that breaks down and summarizes the data for human consumption executes mathematical operations using date-dependent information. These systems are highly interconnected in a complex network, which could lead to the unpredictable spread of a Y2K error across operations.

    Commanders depend on this early warning information because Russia and the US are still on hair-trigger alert. US analysts at North American Aerospace Defense Command (NORAD) have three minutes to study the data and make a judgment on its meaning and validity, after which NORAD, Strategic Command (STRATCOM) in Nebraska, and top authorities in the National Military Command Center (NMCC) in the Pentagon have only 10 minutes to initiate a large teleconference and make a decision on retaliation. These extremely short decision times are due to the policy of “launch on warning,” which demands that Russia and the US “win” a nuclear war. “Winning” means avoiding the preemption of one’s own forces by an enemy surprise attack, while at the same time preempting as many enemy missile sites as possible in an offensive strike. Simply put, ICBMS have a 25-30 flight time between the two countries, and Launch on Warning mandates that US missiles get off the ground before Russian warheads arrive. The same applies to Russian doctrine.

    Without reliable communications during a missile alert, Command and Control (C2) would quickly disintegrate, and the possibility of launch orders being given by mistaken calculations would significantly increase through a combination of human-machine errors. If Y2K were to cause the production of ambiguous data, or incomplete data, or complete blackouts of crucial surveillance sensors (possibly through indirect events such as power outages), the potential exists for escalating actions by lower commanders who may interpret these events as evidence of an ongoing surprise strike by the opponent.

    Even without Y2K, there is a disturbing history of computer-related failures in US-Russian operations. In US operations in 1980, an embedded 64-cent chip with a flawed design, nestled deep in telephone switching hardware at NORAD, suddenly started sending messages to other command posts that a Soviet attack was under way, causing two raised alert levels within a three-day period. Nor was this incident an isolated case. According to nuclear expert Bruce Blair of the Brookings Institution, official correspondence between US commanders in later years refer obliquely to multiple computer-based mishaps, such as false reports from an infrared satellite that “could have resulted in unacceptable posturing of SAC forces.” And in a series of reports on the computer modernization programs at NORAD during the last 18 years, the General Accounting Office has described an operating environment plagued by flawed and lost data, bad screen displays for human operators, and sub-optimal system performance. Similarly, in 1983, Russians had a near-accident when satellite software mistook sun glare off of clouds as 5 US Minuteman III ICBMs streaking towards the Soviet Union. Five minutes into the alert, a lower officer decided to tell upper commanders that the data was false because he had a “gut feeling” that the US would not start a nuclear war in this fashion.

    Because of this history of computer errors, redundancy in sensors and data processing nodes is essential to avoid accidents. Unfortunately, experts do not have high confidence in the ability of Russian radars to back up Russian satellites, and vice-versa. Russia has only 3 operational satellites out of necessary constellation of 7-9 satellites; some of the satellites in orbit have drifted off-station and are useless for early warning purposes. This means that they can spot an American launch of ICBMs within a minute or two after launch (which is good news!), but they cannot spot any Trident submarine launches closer to Russian territory. Only the ground-based radar arrays can spot Trident launches, which gives Russian leaders very little time (possibly as little as 5 minutes) to analyze the data, make a decision, and issue launch orders. To make matters worse, the ground-based radar network for Russia is outdated, and there are two very large gaps in coverage that would allow US Trident submarines to attack with impunity.

    Russia does not have a well-funded and staffed Y2K repair program in place. Russian military officials have found date dependencies and vulnerabilities in early warning and C2 systems, but they have not started the repairs. This leaves little time for testing of Y2K fixes even if systems do get “renovated” before 2000.

    In contrast to Russia, many critical U.S. systems have been “renovated” and the Pentagon is now completing the testing phase of the Y2K remediation process. But a U.S. Air Force official admitted in a Senate hearing recently that these tests included only “the thin line, the minimal number of [computer] systems required to execute the mission.” Commercial providers of telecommunications routers and switches were not incorporated in the test plans. (Even in the event of a nuclear crisis, Strategic Command may need the Baby Bells and other commercial telephone companies!) Nor were private suppliers of electricity included. Also, all of the major communications software and hardware for the US nuclear submarine force are behind schedule. The submarine systems not covered in February tests include onshore antennas, signal processing software, automated message distribution software, and embedded systems for the encryption/decryption of secret messages. This leaves the possibility that when the new millennium arrives, computers left out of the integrated test schedules will “infect” the tested systems or cause other disruptions in normal operations.

    Dedicated testing programs will only reveal the presence of errors, not their complete absence. Moreover, computer failures rarely repeat themselves in exactly the same form, with the result that none of the documented US and Russian near-accidents could have been predicted beforehand by knowledgeable experts. The only guaranteed way to avoid accidental nuclear war is to end Russian and American dependence on the extravagantly complex computer systems that provide early warning information to commanders. And this can only be done by instituting mutually verifiable de-alerting procedures, replacing the current “warfighting” nuclear stance with a doctrine that reflects true post-Cold War international realities.

  • The Bombing of Yugoslavia will Fail to Achieve its Goals

    According to the media, the bombing of Yugoslavia has three goals: 1) to stop the atrocities; 2) to weaken Milosevic and, if possible, to remove him from power, and 3) to prevent a war that could be wider than Kosovo.

    All three goals will fail. The bombing will aggravate the problems it is supposed to solve.

    Goal #1: Stop the atrocities: I know from personal exposure what Milosevic thinks. It is his goal to expel the Albanians from Kosovo, whom he considers unwelcome and often illegal occupants of his Serbian homeland. He could not do it on a wholesale scale until now because world opinion was against it. Now with the war on, he can accomplish his mission without interference. NATO is in the air, while the ethnic cleansing is carried out on the ground. To accelerate the Kosovar exodus he needs to scare the population with atrocities. Thus, the net effect of the bombing is to increase rather than stop the atrocities.

    Goal #2: Weaken Milosevic: Just the opposite is resulting from the bombing. Milosevic uses the war to eliminate any opposition. He now has a legitimate excuse to expel any foreign journalists, which he did promptly. He closed opposition newspapers as soon as the threat of attack was announced. Under the umbrella of war readiness, he broadcasts only material favorable to him. His rule is now absolute and the population, bombarded and brainwashed, naturally supports its leader.

    There is a mistaken belief that the bombing will be so severe that it will bring Milosevic to the negotiating table. They rely on the Bosnian precedent in which the bombing did bring him to sign the peace agreement. They assume he will do the same now. Wrong! People do not understand his motives. Milosevic cares only about one thing: remaining in power. He signed in Dayton, after the bombing, because they were not bombing Serbia. The bombing was hurting Karadjic and that worked in Milosevic’s favor. Karadjic, the leader of the Bosnian Serbs, threatened him politically by becoming more popular than he was. So Milosevic did not oppose the bombing. He gave up he land without a fight, created thousands of refugees from Bosnia, but succeeded in destroying Karadjic, who is now a sought after war criminal.

    The Kosovo bombing is a totally different matter. This bombing increases his political power. The Serbian people are uniting behind him. Anyone who thinks that President Clinton’s speech to the Serbian nation will make them switch loyalties as the bombs are falling is either naïve or just plain stupid. Milosevic won’t yield. The more the bombing, the stronger he is politically. It is making him a hero in his people’s eyes. Serbian culture values adversity. Serbs create heroes when they are attacked; it invigorates them. They believe that the world wants to eliminate them. First it was the Turks, than the Germans, now the Americans. This bombing confirms their belief structure and strengthens their resolve. They survived the Turks and the Germans. Now it is up to them to prove to themselves that they will survive NATO. They will die and not yield. The’ve done this in the past, and they will do it now. The fiercer the battle, the more popular Milosevic will be. Granted, this can not last forever. Even Hitler eventually experienced an uprising. Howver, for that level of despair to be achieved among the Serbs, it might require the death of many thousands of innocent people.

    Goal # 3: The bombing will contain the war to Kosovo and prevent its spreading. When there is war, there are refugees, and these refugees will seek shelter in a country that has not been yet been involved in the war. This is especially true in the Balkans. The Kosovars will try to move into Macedonia first, where 40% of the population is Albanian, and where they have strong family connections. It will be inhumane to stop them crossing the border because they will be escaping real or anticipated atrocities. Moreover, it will be difficult to stop the movement of population across the border because of the nature of the terrain. I know it from personal experience. I crossed those mountains during the Second World War escaping the holocaust. The Albanians know every nook and cranny on that terrain. They will pass through no matter how many troops are put on the border. The inflow of a million or more Albanians into Macedonia will destabilize that country. It might bring joy to Greece because they would like to see a Slavic Macedonia disappear, but it will not be something about which Bulgaria will be passive. Add to it that Albania itself is a tinder box, with Moslems, Catholics and Greek Orthodox Albanians. An inflow of a million or more Albanian Moslems from Kosovo will threaten this precarious balance. Moreover, the Albanians have strong tribal affiliations, and an inflow from Kosovo will seriously aggravate the situation. One can not help imagine a civil war in Albania. Where will the new refugees go? Traditionally, they have tried to slip across the Adriatic Sea into Italy. One can see that the whole region will be engulfed by a deadly turmoil. This bombing will not contain the war. It will widen it.

    How will NATO exit this war, especially if one assumes that Milosevic will not get down on his knees? How many people will have to die for NATO to realize the futility of this war?

    Should atrocities end? Absolutely! How? Announce the sovereignty of Kosovo. The Kosovars will never be able to live within Yugoslavia. Especially not after this war. Give them arms to fight for themselves. It will become a civil war within Yugoslavia. Civil wars are never popular. That will topple Milosevic. It will be a useless war for Serbia, and they will have to pull out of Kosovo like the Russians pulled out of Afghanistan, or the Israelis will have to pull out of South Lebanon. The Russians did not withdrawn from Afghanistan because of bombing. The Serbs have developed national pride for hundreds of years fighting real and imaginary enemies.

    Stop the bombing now. Spare the loss of more lives — Serbs, Americans, and especially the Kosovars’, whom the war was intended to save.

    *Dr. Adizes is a consultant to corporations and governments and has been a consultant to the Prime Ministers of Macedonia and Greece. In 1991 he was invited by Milosevic in 1991 to consult about the breakup of the Yugoslav Federation. He has published seven books translated into twenty-two languages on conflict resolution and management of change.