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  • The Risks of Nuclear Deterrence: From Superpowers to Rogue Leaders

    National Press Club

    Thank you, and good afternoon ladies and gentlemen. Dorene and I are honored by your presence and gratified by your welcome. Although we are now proud residents of Nebraska — note the obligatory display of home team colors — Dorene and I feel very much at home in this city. I see many familiar faces in this audience, which makes the moment all the more special.

    I have two roles to serve this afternoon, both very much akin to the events marking my appearance here just over a year ago. As your speaker, I intend to address two matters that go to the heart of the debate over the role of nuclear weapons: why these artifacts of the cold war continue to hold us in thrall; and the severe penalties and risks entailed by policies of deterrence as practiced in the nuclear age.

    But first, it is my privilege to announce a compelling addition to the roster of distinguished international figures who have joined their voices in calling publicly for the abolition of nuclear weapons. Last year General Goodpaster and I unveiled a list of some 60 retired generals and admirals from a host of nations who declared their strong conviction that the world would be better served by the total elimination of these weapons. Today, at a press conference following my remarks, Senator Alan Cranston and I will present the names of more than one hundred present and former heads of state and other senior civilian leaders who have signed their names to a powerful statement of common concern regarding nuclear weapons and who have endorsed a reasoned path toward abolition.

    The willingness of this extraordinary assembly to speak so publicly and directly to these issues is very much in keeping with what I have experienced since I became engaged in the abolition debate some two years ago. I have met legions of remarkable men and women from every corner of the earth who have labored long and patiently in this cause. Their ranks have now been swelled by tens of millions of citizens of our planet who reject the prospect of living in perpetuity under a nuclear sword of Damocles.

    My purpose in entering the debate was to help legitimize abolition as an alternative worthy of serious and urgent consideration. My premise was that my unique experience in the nuclear weapons arena might help kindle greater antipathy for these horrific devices and the policies which justify their retention by the nuclear weapon states. My purpose this afternoon is to share with you the abiding concern I harbor about the course of the debate. I accepted the press club invitation because I believe this forum is well suited to speak to that concern. In so doing, I intend to render a much more explicit account than I have given to date of the lessons I have drawn from over thirty years of intimate involvement with nuclear weapons.

    Permit me, however, to preface my remarks by postulating that with respect to legitimizing the prospect of abolition, there is much to applaud on the positive side of the ledger. Nuclear issues now compete more strongly for the attention of policy makers and the media that often shapes their interest. Converts are being won on many fronts to the propositions that these issues matter, that nuclear arsenals can and should be sharply reduced, that high alert postures are a dangerous anachronism, that first use policies are an affront to democratic values, and that proliferation of nuclear weapons is a clear and present danger. I am persuaded that in every corner of the planet, the tide of public sentiment is now running strongly in favor of diminishing the role of nuclear weapons. Indeed, I am convinced that most publics are well out in front of their governments in shaking off the grip of the cold war and reaching for opportunities that emerge in its wake.

    Conversely, it is distressingly evident that for many people, nuclear weapons retain an aura of utility, of primacy and of legitimacy that justifies their existence well into the future, in some number, however small. The persistence of this view, which is perfectly reflected in the recently announced modification of U. S. nuclear weapons policy, lies at the core of the concern that moves me so deeply. This abiding faith in nuclear weapons was inspired and is sustained by a catechism instilled over many decades by a priesthood who speak with great assurance and authority. I was for many years among the most avid of these keepers of the faith in nuclear weapons, and for that I make no apology. Like my contemporaries, I was moved by fears and fired by beliefs that date back to the earliest days of the atomic era. We lived through a terror-ridden epoch punctuated by crises whose resolution held hostage the saga of humankind. For us, nuclear weapons were the savior that brought an implacable foe to his knees in 1945 and held another at bay for nearly a half-century. We believed that superior technology brought strategic advantage, that greater numbers meant stronger security, and that the ends of containment justified whatever means were necessary to achieve them.

    These are powerful, deeply rooted beliefs. They cannot and should not be lightly dismissed or discounted. Strong arguments can be made on their behalf. Throughout my professional military career, I shared them, I professed them and I put them into operational practice. And now it is my burden to declare with all of the conviction I can muster that in my judgement they served us extremely ill. They account for the most severe risks and most extravagant costs of the U.S.-Soviet confrontation. They intensified and prolonged an already acute ideological animosity. They spawned successive generations of new and more destructive nuclear devices and delivery systems. They gave rise to mammoth bureaucracies with gargantuan appetites and global agendas. They incited primal emotions, spurred zealotry and demagoguery, and set in motion forces of ungovernable scope and power. Most importantly, these enduring beliefs, and the fears that underlie them, perpetuate cold war policies and practices that make no strategic sense. They continue to entail enormous costs and expose all mankind to unconscionable dangers. I find that intolerable. Thus I cannot stay silent. I know too much of these matters, the frailties, the flaws, the failures of policy and practice.

    At the same time, I cannot overstate the difficulty this poses for me. No one who ever entered the nuclear arena left it with a fuller understanding of its complexity nor greater respect for those with whom I served its purposes. I struggle constantly with the task of articulating the evolution of my convictions without denigrating or diminishing the motives and sacrifice of countless colleagues with whom I lived the drama of the cold war. I ask them and you to appreciate that my purpose is not to accuse, but to assess, to understand and to propound the forces that birthed the grotesque excesses and hazards of the nuclear age. For me, that assessment meant first coming to grips with my experience and then coming to terms with my conclusions.

    I knew the moment I entered the nuclear arena I had been thrust into a world beset with tidal forces, towering egos, maddening contradictions, alien constructs and insane risks. Its arcane vocabulary and apocalyptic calculus defied comprehension. Its stage was global and its antagonists locked in a deadly spiral of deepening rivalry. It was in every respect a modern day holy war, a cosmic struggle between the forces of light and darkness. The stakes were national survival, and the weapons of choice were eminently suited to this scale of malevolence.

    The opposing forces each created vast enterprises, each giving rise to a culture of messianic believers infused with a sense of historic mission and schooled in unshakable articles of faith. As my own career progressed, I was immersed in the work of all of these cultures, either directly in those of the western world, or through penetrating study of communist organizations, teachings and practices. My responsibilities ranged from the highly subjective, such as assessing the values and motivation of Soviet leadership, to the critically objective, such as preparing weapons for operational launch. I became steeped in the art of intelligence estimates, the psychology of negotiations, the interplay of bureaucracies and the impulses of industry. I was engaged in the labyrinthian conjecture of the strategist, the exacting routines of the target planner and the demanding skills of the aircrew and the missilier. I have been a party to their history, shared their triumphs and tragedies, witnessed heroic sacrifice and catastrophic failure of both men and machines. And in the end, I came away from it all with profound misgivings.

    Ultimately, as I examined the course of this journey, as the lessons of decades of intimate involvement took greater hold on my intellect, I came to a set of deeply unsettling judgements. That from the earliest days of the nuclear era, the risks and consequences of nuclear war have never been properly weighed by those who brandished it. That the stakes of nuclear war engage not just the survival of the antagonists, but the fate of mankind. That the likely consequences of nuclear war have no politically, militarily or morally acceptable justification. And therefore, that the threat to use nuclear weapons is indefensible.

    These judgements gave rise to an array of inescapable questions. If this be so, what explained the willingness, no, the zeal, of legions of cold warriors, civilian and military, to not just tolerate but to multiply and to perpetuate such risks? By what authority do succeeding generations of leaders in the nuclear weapons states usurp the power to dictate the odds of continued life on our planet? Most urgently, why does such breathtaking audacity persist at a moment when we should stand trembling in the face of our folly and united in our commitment to abolish its most deadly manifestation?

    These are not questions to be left to historians. The answers matter to us now. They go to the heart of present day policies and motivations. They convey lessons with immediate implications for both contemporary and aspiring nuclear states. As I distill them from the experience of three decades in the nuclear arena, these lessons resolve into two fundamental conclusions.

    First, I have no other way to understand the willingness to condone nuclear weapons except to believe they are the natural accomplice of visceral enmity. They thrive in the emotional climate born of utter alienation and isolation. The unbounded wantonness of their effects is a perfect companion to the urge to destroy completely. They play on our deepest fears and pander to our darkest instincts. They corrode our sense of humanity, numb our capacity for moral outrage, and make thinkable the unimaginable. What is anguishingly clear is that these fears and enmities are no respecter of political systems or values. They prey on democracies and totalitarian societies alike, shrinking the norms of civilized behavior and dimming the prospects for escaping the savagery so powerfully imprinted in our genetic code. That should give us great pause as we imagine the task of abolition in a world that gives daily witness to acts of unspeakable barbarism. So should it compound our resolve.

    The evidence to support this conclusion is palpable, but as I said at the outset of these remarks for much of my life I saw it differently. That was a product of both my citizenry and my profession. From the early years of my childhood and through much of my military service I saw the Soviet Union and its allies as a demonic threat, an evil empire bent on global domination. I was commissioned as an officer in the United States Air Force as the cold war was heating to a fever pitch. This was a desperate time that evoked on both sides extreme responses in policy, in technology and in force postures: bloody purges and political inquisitions; covert intelligence schemes that squandered lives and subverted governments; atmospheric testing with little understanding or regard for the long term effects; threats of massive nuclear retaliation to an ill-defined scope of potential provocations; the forced march of inventive genius that ushered in the missile age arm in arm with the capacity for spontaneous, global destruction; reconnaissance aircraft that probed or violated sovereign airspace, producing disastrous encounters; the menacing and perilous practice of airborne alert bombers loaded with nuclear weapons.

    By the early 1960’s, a superpower nuclear arms race was underway that would lead to a ceaseless amassing of destructive capacity, spilling over into the arsenals of other nations. Central Europe became a powder keg, trembling under the shadow of armageddon, hostage to a bizarre strategy that required the prospect of nuclear devastation as the price of alliance. The entire world became a stage for the U. S. – Soviet rivalry. International organizations were paralyzed by its grip. East-West confrontation dominated the nation-state system. Every quarrel and conflict was fraught with potential for global war.

    This was the world that largely defined our lives as American citizens. For those of us who served in the national security arena, the threat was omnipresent, it seemed total, it dictated our professional preparation and career progression, and cost the lives of tens of thousands of men and women, in and out of uniform. Like millions of others, I was caught up in the holy war, inured to its costs and consequences, trusting in the wisdom of succeeding generations of military and civilian leaders. The first requirement of unconditional belief in the efficacy of nuclear weapons was early and perfectly met for us: our homeland was the target of a consuming evil, poised to strike without warning and without mercy.

    What remained for me, as my career took its particular course, was to master the intellectual underpinning of America’s response, the strategic foundation that today still stands as the central precept of the nuclear catechism. Reassessing its pervasive impact on attitudes toward nuclear weapons goes directly to my second conclusion regarding the willingness to tolerate the risks of the nuclear age.

    That also brings me to the focal point of my remarks, to my purpose in coming to this forum. For all of my years as a nuclear strategist, operational commander and public spokesman, I explained, justified and sustained America’s massive nuclear arsenal as a function, a necessity and a consequence of deterrence. Bound up in this singular term, this familiar touchstone of security dating back to antiquity, was the intellectually comforting and deceptively simple justification for taking the most extreme risks and the expenditure of trillions of dollars. It was our shield and by extension our sword. The nuclear priesthood extolled its virtues, and bowed to its demands. Allies yielded grudgingly to its dictates even while decrying its risks and costs. We brandished it at our enemies and presumed they embraced its suicidal corollary of mutual assured destruction. We ignored, discounted or dismissed its flaws and cling still to the belief that it obtains in a world whose security architecture has been wholly transformed.

    But now, I see it differently. Not in some blinding revelation, but at the end of a journey, in an age of deliverance from the consuming tensions of the cold war. Now, with the evidence more clear, the risks more sharply defined and the costs more fully understood, I see deterrence in a very different light. Appropriated from the lexicon of conventional warfare, this simple prescription for adequate military preparedness became in the nuclear age a formula for unmitigated catastrophe. It was premised on a litany of unwarranted assumptions, unprovable assertions and logical contradictions. It suspended rational thinking about the ultimate aim of national security: to ensure the survival of the nation.

    How is it that we subscribed to a strategy that required near perfect understanding of an enemy from whom we were deeply alienated and largely isolated? How could we pretend to understand the motivations and intentions of the Soviet leadership absent any substantive personal association? Why did we imagine a nation that had survived successive invasions and mindnumbing losses would accede to a strategy premised on fear of nuclear war? Deterrence in the cold war setting was fatally flawed at the most fundamental level of human psychology in its projection of western reason through the crazed lens of a paranoid foe. Little wonder that intentions and motives were consistently misread. Little wonder that deterrence was the first victim of a deepening crisis, leaving the antagonists to grope fearfully in a fog of mutual misperception. While we clung to the notion that nuclear war could be reliably deterred, Soviet leaders derived from their historical experience the conviction that such a war might be thrust upon them and if so, must not be lost. Driven by that fear, they took herculean measures to fight and survive no matter the odds or the costs. Deterrence was a dialogue of the blind with the deaf. In the final analysis, it was largely a bargain we in the west made with ourselves.

    Deterrence was flawed equally in that the consequences of its failure were intolerable. While the price of undeterred aggression in the age of uniquely conventional weaponry could be severe, history teaches that nations can survive and even prosper in the aftermath of unconditional defeat. Not so in the nuclear era. Nuclear weapons give no quarter. Their effects transcend time and place, poisoning the earth and deforming its inhabitants for generation upon generation. They leave us wholly without defense, expunge all hope for meaningful survival. They hold in their sway not just the fate of nations, but the very meaning of civilization.

    Deterrence failed completely as a guide in setting rational limits on the size and composition of military forces. To the contrary, its appetite was voracious, its capacity to justify new weapons and larger stocks unrestrained. Deterrence carried the seed, born of an irresolvable internal contradiction, that spurred an insatiable arms race. Nuclear deterrence hinges on the credibility to mount a devastating retaliation under the most extreme conditions of war initiation. Perversely, the redundant and survivable force required to meet this exacting test is readily perceived by a darkly suspicious adversary as capable, even designed, to execute a disarming first strike. Such advantage can never be conceded between nuclear rivals. It must be answered, reduced, nullified. Fears are fanned, the rivalry intensified. New technology is inspired, new systems roll from production lines. The correlation of force begins to shift, and the bar of deterrence ratchets higher, igniting yet another cycle of trepidation, worst case assumptions and ever mounting levels of destructive capability.

    Thus it was that the treacherous axioms of deterrence made seemingly reasonable nuclear weapon stockpiles numbering in the tens of thousands. Despite having witnessed the devastation wrought by two primitive atomic devices, over the ensuing decades the superpowers gorged themselves at the thermonuclear trough. A succession of leaders on both sides of the east-west divide directed a reckless proliferation of nuclear devices, tailored for delivery by a vast array of vehicles to a stupefying array of targets. They nurtured, richly rewarded, even reveled in the industrial base required to support production at such levels.

    I was part of all of that. I was present at the creation of many of these systems, directly responsible for prescribing and justifying the requirements and technology that made them possible. I saw the arms race from the inside, watched as intercontinental ballistic missiles ushered in mutual assured destruction and multiple warhead missiles introduced genuine fear of a nuclear first strike. I participated in the elaboration of basing schemes that bordered on the comical and force levels that in retrospect defied reason. I was responsible for war plans with over 12,000 targets, many struck with repeated nuclear blows, some to the point of complete absurdity. I was a veteran participant in an arena where the most destructive power ever unleashed became the prize in a no holds barred competition among organizations whose principal interest was to enhance rather than constrain its application. And through every corridor, in every impassioned plea, in every fevered debate rang the rallying cry, deterrence, deterrence, deterrence.

    As nuclear weapons and actors multiplied, deterrence took on too many names, too many roles, overreaching an already extreme strategic task. Surely nuclear weapons summoned great caution in superpower relationships. But as their numbers swelled, so mounted the stakes of miscalculation, of a crisis spun out of control. The exorbitant price of nuclear war quickly exceeded the rapidly depreciating value of a tenuous mutual wariness. Invoking deterrence became a cheap rhetorical parlor trick, a verbal sleight of hand. Proponents persist in dressing it up to court changing times and temperaments, hemming and re-hemming to fit shrinking or distorted threats.

    Deterrence is a slippery conceptual slope. It is not stable, nor is it static, its wiles cannot be contained. It is both master and slave. It seduces the scientist yet bends to his creation. It serves the ends of evil as well as those of noble intent. It holds guilty the innocent as well as the culpable. It gives easy semantic cover to nuclear weapons, masking the horrors of employment with siren veils of infallibility. At best it is a gamble no mortal should pretend to make. At worst it invokes death on a scale rivaling the power of the creator.

    Is it any wonder that at the end of my journey I am moved so strongly to retrace its path, to examine more closely the evidence I would or could not see? I hear now the voices long ignored, the warnings muffled by the still lingering animosities of the cold war. I see with painful clarity that from the very beginnings of the nuclear era, the objective scrutiny and searching debate essential to adequate comprehension and responsible oversight of its vast enterprises were foreshortened or foregone. The cold light of dispassionate scrutiny was shuttered in the name of security, doubts dismissed in the name of an acute and unrelenting threat, objections overruled by the incantations of the nuclear priesthood.

    The penalties proved to be severe. Vitally important decisions were routinely taken without adequate understanding, assertions too often prevailed over analysis, requirements took on organizational biases, technological opportunity and corporate profit drove force levels and capability, and political opportunism intruded on calculations of military necessity. Authority and accountability were severed, policy dissociated from planning, and theory invalidated by practice. The narrow concerns of a multitude of powerful interests intruded on the rightful role of key policymakers, constraining their latitude for decision. Many were simply denied access to critical information essential to the proper exercise of their office.

    Over time, planning was increasingly distanced and ultimately disconnected from any sense of scientific or military reality. In the end, the nuclear powers, great and small, created astronomically expensive infrastructures, monolithic bureaucracies and complex processes that defied control or comprehension. Only now are the dimensions, costs and risks of these nuclear nether worlds coming to light. What must now be better-understood are the root causes, the mindsets and the belief systems that brought them into existence. They must be challenged, they must be refuted, but most importantly, they must be let go. The era that gave them credence, accepted their dominion and yielded to their excesses is fast receding.

    But it is not yet over. Sad to say, the cold war lives on in the minds of those who cannot let go the fears, the beliefs, and the enmities born of the nuclear age. They cling to deterrence, clutch its tattered promise to their breast, shake it wistfully at bygone adversaries and balefully at new or imagined ones. They are gripped still by its awful willingness not simply to tempt the apocalypse but to prepare its way.

    What better illustration of misplaced faith in nuclear deterrence than the persistent belief that retaliation with nuclear weapons is a legitimate and appropriate response to post-cold war threats posed by weapons of mass destruction. What could possibly justify our resort to the very means we properly abhor and condemn? Who can imagine our joining in shattering the precedent of non-use that has held for over fifty years? How could America’s irreplaceable role as leader of the campaign against nuclear proliferation ever be re-justified? What target would warrant such retaliation? Would we hold an entire society accountable for the decision of a single demented leader? How would the physical effects of the nuclear explosion be contained, not to mention the political and moral consequences? In a singular act we would martyr our enemy, alienate our friends, give comfort to the non-declared nuclear states and impetus to states who seek such weapons covertly. In short, such a response on the part of the United States is inconceivable. It would irretrievably diminish our priceless stature as a nation noble in aspiration and responsible in conduct, even in the face of extreme provocation.

    And as a nation we have no greater responsibility than to bring the nuclear era to a close. Our present policies, plans and postures governing nuclear weapons make us prisoner still to an age of intolerable danger. We cannot at once keep sacred the miracle of existence and hold sacrosanct the capacity to destroy it. We cannot hold hostage to sovereign gridlock the keys to final deliverance from the nuclear nightmare. We cannot withhold the resources essential to break its grip, to reduce its dangers. We cannot sit in silent acquiescence to the faded homilies of the nuclear priesthood. It is time to reassert the primacy of individual conscience, the voice of reason and the rightful interests of humanity.

     

  • Security and Sustainability in a Nuclear Weapons Free World

    There is a danger that the contemplation of security and sustainability in a nuclear weapons free world will imply to some readers that nuclear weapons have in some way provided security and even sustainability. It is not my intention to imply this. I believe that nuclear weapons have never at any time provided security for their possessors, and that they make no contribution to sustainability.

    The world that we currently live in — a world divided between a small number of states possessing nuclear weapons and a large number of states that do not — is neither secure nor sustainable. If nuclear weapons in fact provided security, logic would suggest that an effort be made to spread these weapons to other states. In fact, the opposite viewpoint has prevailed. Most states, including those currently in possession of nuclear weapons, support policies of non-proliferation.

    The Non-Proliferation Treaty (NPT), which has been in force since 1970, requires a trade-off from the nuclear weapons states. In exchange for the non-nuclear weapons states agreeing not to develop or otherwise acquire nuclear weapons, the nuclear weapons states agreed in Article VI to negotiate in good faith to achieve nuclear disarmament. When the NPT was extended indefinitely in 1995, the nuclear weapons states promised the determined pursuit of “systematic and progressive efforts” to achieve nuclear disarmament.

    The failure of the nuclear weapons states to make significant progress toward nuclear disarmament may result in undermining the NPT, and in the proliferation of nuclear weapons to additional states beyond the five declared and three undeclared nuclear weapons states. Such proliferation would further bolster the insecurity and unsustainability of the current international system.

    Security

    Security has two critical dimensions: protection from physical harm, and access to resources to meet basic needs. It also has a third dimension, an illusory psychological dimension, that operates at the level of belief systems. Nuclear arsenals do not provide security from physical harm. The only security they provide is in this psychological dimension, rooted in a belief in the efficacy of deterrence. The threat of retaliation with nuclear weapons is not physical protection; the protection provided is only psychological. An opponent’s fear of retaliation may or may not prevent that opponent from launching a nuclear attack based upon irrationality, faulty information, human error, or mechanical or computer malfunction.

    A world without nuclear weapons would be one in which the threat of cataclysmic nuclear holocaust would be removed. Achieving such a world will require careful planning to assure that some states do not secretly retain nuclear weapons or clandestinely reassemble them. As states reduce their nuclear arsenals toward zero, an agreed upon plan will be required to assure transparency, accurate accounting of nuclear weapons and weapons-grade materials, effective procedures for verification of dismantlement and the controlled and safeguarded immobilization of nuclear materials and the production facilities to create them. The process of reducing nuclear arsenals to zero will be challenging both technically and politically, but it is a challenge that can be accomplished with determination and political will.

    The process of nuclear weapons abolition will demand the creation of stronger systems of international security. Thus, achieving abolition will, by the nature of the process, coincide with strengthened international security arrangements. In order to have a security system that assures maximum protection against physical harm and access to resources to meet basic needs, it will be necessary to go even further in system design than the elements required to maintain security in a world without nuclear weapons. The main components of this security system would be:

    • All states would be allowed to maintain only weapons for defence against territorial invasion, and no weapons with offensive capabilities.
    • Each state would be subject to regular and challenge inspections by international teams to assure that it is neither maintaining nor creating any offensive weapons systems, particularly weapons of mass destruction.
    • All states would be required to make periodic public reports of the types and numbers of weapons in their arsenals.
    • An International Criminal Court would be responsible for holding individual leaders responsible for the most serious crimes under international law (crimes against humanity, war crimes, genocide, and international aggression), and for violations of the conditions specified in points 1 to 3 above.
    • A United Nations Inspection Force would be created to conduct inspections and monitor states for violations of points 1 to 3 above.
    • The United Nations Security Council would be responsible for enforcement of points 1 to 3 above, for apprehending serious violators of international law, and for assuring cooperation with the United Nations Inspection Force.
    • The United Nations system — including the General Assembly, the World Bank, the UN Development Programme and other specialized agencies, and a UN Disaster Relief Force — would be charged with assuring that all peoples of all states have access to the necessary resources to meet their basic needs.

    Sustainability

    Sustainability is the protection of the resources required to meet basic needs for present and future generations, and the upholding of the quality of these resources. Sustainability requires environmental protection to ensure the quality of the air, the water, and the earth. It is no longer possible to ensure sustainability in any state anywhere in the world if all states do not cooperate in protecting the Earth’s resources and the common heritage of the planet — the atmosphere, the oceans and the land. Clean air and water and unpolluted topsoil to grow healthy crops must be maintained if we are to have a sustainable future.

    Over 1000 nuclear weapons tests in the atmosphere and a roughly equal number of underground tests have already made a heavy assault upon the environment, as have thousands of tons of nuclear wastes, large quantities of which have already leaked into the earth, air and water. Sustainability will require not only a nuclear weapons free future, but a future in which nuclear wastes are also not generated by civilian nuclear reactors. Present and future generations are already burdened with enormous problems from the nuclear wastes created by both military and civilian nuclear reactors. Some of this waste will be a threat to life for tens of thousands, even hundreds of thousands, of years.

    It is unfair to burden future generations with still more dangerous radioactive wastes. What has been produced to date has been the product of ignorance, arrogance, and blind faith, sadly, by some of the best minds of our time. Sustainability requires having an answer to the problem of dangerous wastes before they are produced rather than burdening future generations with these problems.

    Beginning the Process

    A world that is divided between nuclear “haves” and “have nots” is neither secure nor sustainable. Nuclear weapons pose a threat to humanity and to all forms of life. If they continue to be relied upon, at some point in the future they will again be used. It is a strong lesson of history that weapons once created will be used — as indeed nuclear weapons have already been used at Hiroshima and Nagasaki.

    The challenge of the highest magnitude before humanity today is to ban forever these weapons which constitute such a serious threat to humanity’s future. The opportunity is before us with the Cold War ended. The nuclear weapons states have promised to negotiate in good faith to achieve nuclear disarmament. The International Court of Justice has stated its opinion that the nuclear weapons states are obligated to complete negotiations leading to nuclear disarmament in all its aspects. In fulfilling this mandate, these states must consider the issues of security and sustainability in a nuclear weapons free world.

    A secure and sustainable world order without nuclear weapons is achievable. It cannot occur, however, so long as the nuclear weapons states are wedded to their nuclear arsenals. The first step in breaking their addiction is to begin negotiations in good faith to achieve their elimination. If they are to complete the journey, they must first begin and thus far serious negotiations to eliminate nuclear arsenals have not begun.

    An international consortium of lawyers, scientists and disarmament experts led by the Lawyers Committee on Nuclear Policy (LCNP) with technical assistance from the International Network of Engineers and Scientists Against Proliferation (INESAP) has prepared a draft Nuclear Weapons Convention that has been introduced by Costa Rica to the United Nations General Assembly. This Convention — which draws upon previous international treaties including the Chemical Weapons Convention — provides indicators of the issues that the nuclear weapons states will have to resolve to achieve a treaty they can support. It provides a good starting point for the nuclear weapons states to begin the process of negotiations for abolishing their nuclear arsenals.

    What is missing now is the political will to begin the process. Many actions of the nuclear weapons states suggest that they are more interested in “systematic and progressive efforts” to impede rather than achieve nuclear disarmament. There is only one way that this can change, and that is by the people making their voices heard. When the people of the world understand the extent to which their security and a sustainable future for their children and grandchildren is threatened by the continued reliance of the governments of the nuclear weapons states upon nuclear arsenals, they will demand that the promises of nuclear disarmament be kept. It is our job to bring about that understanding.

  • Nuremberg and Nuclear Weapons

    The principal message of the Nuremberg trials is that individuals are responsible for what they do, and will be held accountable for committing serious crimes under international law. At Nuremberg, these serious crimes included crimes against peace (that is, planning, preparing for, or participating in acts of aggressive warfare), war crimes, and crimes against humanity.

    One of the great ironies of history or perhaps it is not such a great irony is that the Charter establishing the International Military Tribunal at Nuremberg was signed on August 8, 1945. That was just three months after the German surrender. More importantly, it was just two days after the first nuclear weapon was used in warfare on the city of Hiroshima, and one day prior to a nuclear weapon being used on the city of Nagasaki. The nuclear weapon used on Hiroshima, with an equivalent force of some 15 kilotons of TNT, killed some 90,000 people immediately and some 140,000 by the end of 1945. The bomb dropped on Nagasaki, with an equivalent force of some 20 kilotons of TNT, killed some 40,000 people immediately and some 70,000 by the end of 1945.

    It has been pointed out that the number of people who died immediately from the use of each of these nuclear weapons was less than the number of people who died in Tokyo on the night of March 9-10, 1945 as a result of U.S. bombing raids. This number is estimated at approximately 100,000. The major difference between the Tokyo bombings and those of Hiroshima and Nagasaki is that the former took nearly a thousand sorties to accomplish, while the destruction of the latter two cities took only one bomb each.

    I think it is reasonable to speculate that if the Germans had had two or three atomic bombs, as we did at that time, and had used them on European cities prior to being defeated in the Second World War, we would have attempted to hold accountable those who created, authorized, and carried out these bombings. We would likely have considered the use of these weapons on cities by the Nazi leaders as among the most serious of their crimes.

    The irony of history, of course, is that the Germans did not develop nor use atomic weapons, and thus this issue never came before the International Military Tribunal at Nuremberg, or before any other international tribunal. The record of the past 50 years reflects the consequences of this lack of accountability, namely, the nuclear arms race pursued by the United States and the former Soviet Union, which lasted until the end of the Cold War in approximately 1990.

    The question which I want to address is not whether war crimes were committed at Hiroshima and Nagasaki. Under the rules of international humanitarian law they were, and they were also committed by the bombings of London, Coventry, Hamburg, Dresden and Tokyo. The primary targets of all these bombings were civilians, and the indiscriminate killing of civilians has always in modern times been understood to be a clear violation of the laws of war.

    Nuclear Weapons and International Law

    The more relevant question has to do with where we stand today. Not long ago, on July 8, 1996, the International Court of Justice in the Hague issued an opinion on the legality of the threat or use of nuclear weapons. Actually, two questions were placed before the Court for advisory opinions. The first question, posed by the World Health Organization in May 1993, asked: “In view of the health and environmental effects, would the use of nuclear weapons by a state in war or other armed conflict be a breach of its obligations under international law?”

    The second question, put to the Court by the General Assembly of the United Nations in December 1994, asked: “Is the threat or the use of nuclear weapons in any circumstances permitted under international law?”

    The International Court of Justice found that the question asked by the World Health Organization, as a legal question, fell outside the scope of activities of the organization, and thus declined to accept jurisdiction. On the question posed by the United Nations General Assembly, however, the Court did find jurisdiction, and issued an advisory opinion.

    In a multi-part answer to the question, the Court found the following: “…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-defence, in which the very survival of a State would be at stake.”

    In reaching this opinion, the Court dramatically reduced the possible circumstances in which nuclear weapons could be threatened or used in conformity with international law. The Court left open only the slim possibility of legality under “an extreme circumstance of self-defense, in which the very survival of a State would be at stake.” Even in this circumstance, the Court did not say that such use would be legal; it said only that it could not determine legality under these conditions. Judge Bedjaoui, the president of the Court, said in his declaration upon releasing the Court’s opinion, “I cannot insist strongly enough on the fact that the inability of the Court to go beyond the statement it made can in no way be interpreted as a partially-opened door through which it recognizes the legality of the threat or use of nuclear weapons.”

    Judge Bedjaoui went further to describe nuclear weapons as “blind weapons” that “destabilize, by their very nature, humanitarian law, the law of distinguishing in the use of weapons.” He continued, “Nuclear weapons, absolute evil, destabilize humanitarian law in so far as the law of the lesser evil. Thus, the very existence of nuclear weapons constitutes a great defiance (challenge) to humanitarian law itself…. Nuclear war and humanitarian law seem, consequently, two antithesis which radically exclude each other, the existence of one necessarily supposing the non-existence of the other.”

    Where does this leave us today? Although the opinion of the Court is an advisory opinion, it is the most authoritative statement of international law on this question, and must be taken seriously. Thus far, however, there have been no statements made by any of the declared or undeclared nuclear weapons states indicating that they plan any changes in their nuclear policies as a result of the Court’s opinion.

    Individual Accountability

    We know what the Principles of Nuremberg tell us about individual accountability. The primary principle is that “Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” The fact that there is no penalty for the act under internal law does not relieve the person who committed the act from responsibility under international law. Nor does the fact that the person acted as a Head of State or as a responsible government official relieve that person of responsibility. Nor does the fact that the person acted pursuant to superior orders, so long as a choice was in fact possible to him, relieve him of responsibility.

    It was the United States, along with the U.K., France, and Russia, that created the Nuremberg Principles after the Second World War by holding Nazi and other Axis leaders accountable for their crimes under international law. I submit that if we want to create a world community that lives under international law in the 21st Century, we must apply the Nuremberg Principles to one and all, equally and without prejudice. That means we must apply these Principles to ourselves as well as to others. If the threat or use of nuclear weapons is, in fact, illegal under international law in virtually every conceivable circumstance, then we must act accordingly and neither use nor threaten the use of these weapons. Instead, we must dismantle our nuclear arsenal subject to agreement with other nuclear weapons states. In the meantime, we must explain to all military personnel with responsibilities for nuclear weapons the criminality under international law attendant to the threat or use of these weapons.

    Military organizations must operate under the law, and that clearly includes the international law of armed conflict. If military organizations do not operate under the law, then are they any better than state-organized thugs? It was for violating the laws of war at My Lai that Lt. Calley was tried and convicted. Lt. Calley’s crimes, terrible though they were, would pale in comparison to the crime of again using nuclear weapons on cities filled with innocent people.

    The International Court of Justice added to their opinion a clarification of Article VI of the Non-Proliferation Treaty. The Court unanimously found that: “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.”

    The Court has clearly indicated that the nuclear weapons states have an obligation to negotiate in good faith not only for nuclear disarmament, but for nuclear disarmament “in all its aspects” and to bring these negotiations to a conclusion. In the aftermath of the Cold War, we have been moving far too slowly to attain this goal. It is a necessary goal so that no other city will ever again have to face the consequences of what happened at Hiroshima and Nagasaki, and the future of humanity will not be jeopardized.

    The Need for a Permanent International Criminal Court

    Even if the threat or use of nuclear weapons is unlawful under international law, however, there currently exists no tribunal where persons committing such acts can be brought to account. One of the great shortcomings of the current international institutional structure is the lack of a permanent International Criminal Court. Two Ad Hoc Tribunals have been created by the United Nations Security Council one for the former Yugoslavia and one for Rwanda. The jurisdiction of both of these tribunals, however, is limited by time and space. It is perhaps ironic that while the effects of nuclear weapons are unlimited by either time or space, the jurisdiction of our international criminal tribunals is so limited.

    Were nuclear weapons to be used by accident or design, the consequences would be horrible beyond our deepest fears. Nazis and other war criminals were convicted and punished in part for bringing human beings to the incinerators of the Holocaust. Nuclear weapons may be conceived of as portable incinerators portable crematoria, if you will that bring incinerators to the people. In my view, the silence of the American, Russian, British, French, and Chinese people in the face of these potentially genocidal or omnicidal weapons is as disquieting as the silence of the Germans in the face of Nazi atrocities. Yet none of the people in countries possessing nuclear weapons today are facing the same fearful authoritarian rule that the Nazis imposed upon the Germans during World War II.

    For many, perhaps most, people in nuclear weapons states today, nuclear weapons are not perceived as a critical issue. They are largely ignored. However, if they were to be used again, I think future historians if there were any would be very critical of our lack of commitment to ridding the world of these terrible weapons.

    We have the opportunity, in fact the responsibility under the Nuremberg Principles, to speak out against these genocidal weapons, but for the most part we do not do so. We must break the silence that surrounds our reliance upon these weapons of mass destruction. A hopeful sign recently occurred at the State of the World Forum in San Francisco when General Lee Butler, a former commander of the U.S. Strategic Command, broke his personal silence and made a ringing plea to abolish nuclear weapons. “We can do better,” he said, “than condone a world in which nuclear weapons are enshrined as the ultimate arbiter of conflict. The price already paid is too dear, the risks run too great. The nuclear beast must be chained, its soul expunged, its lair laid waste. The task is daunting but we cannot shrink from it. The opportunity may not come again.”

    It is within our grasp to end the nuclear weapons era, and begin the 21st Century with a reaffirmation of the Nuremberg Principles.

    Steps That Need To Be Taken

    1. The following confidence building measures proposed by the Canberra Commission on the Elimination of Nuclear Weapons:

    • Taking nuclear forces off alert;
    • Removal of warheads from delivery vehicles;
    • Ending deployment of non-strategic nuclear weapons;
    • Initiating negotiations to further reduce United States and Russian nuclear arsenals; and
    • Agreement amongst the nuclear weapons states of reciprocal no-first-use undertakings, and of a non-use undertaking by them in relation to the non-nuclear weapons states.

    2. International agreement by the year 2000 on a Nuclear Weapons Convention that, under strict international control, would eliminate all nuclear weapons within a reasonable period of time and prohibit their possession.

    3. The establishment by treaty of a permanent International Criminal Court to hold all individuals, regardless of their rank or nationality, accountable for acts constituting crimes under international law. Considerable progress has been made in preparing such a treaty at the United Nations. It may be hoped that this treaty will be ready to be opened for signatures in 1998, and certainly by 1999 when a third International Peace Conference is convened in the Hague.