Category: US Nuclear Weapons Policy

  • NGO Leaders Write in Support of H.R. 6840

    NGO Leaders Write in Support of H.R. 6840

    October 3, 2018

    The Honorable Paul Ryan
    U.S. House of Representatives
    Washington DC 20515

    Dear Representative Ryan,

    We call on you to cosponsor H.R.6840, the Hold the LYNE—or Low-Yield Nuclear Explosive—Act, which would prohibit funding for the Trump administration’s proposed “low- yield” warhead. This new weapon is unnecessary and would increase the risk of miscalculation and wider nuclear use.

    The Hold the LYNE Act was introduced by Rep. Adam Smith (D-WA), Rep. Ted Lieu (D-CA), Rep. Earl Blumenauer (D-OR) and Rep. John Garamendi (D-CA). A companion bill was introduced by Sen. Ed Markey (D-MA).

    A substantial portion of the House has—sensibly—already voted to oppose the low-yield warhead. On the FY19 National Defense Authorization Act, 188 House members supported an  amendment by Rep. Blumenauer and Rep. Garamendi to withhold 50% of the funding for the program until Secretary of Defense Mattis submits a report assessing the program’s impacts on strategic stability and options to reduce the risk of miscalculation. More pointedly, 177 House members supported an amendment by Rep. Barbara Lee (D-CA) that would have eliminated all funding for the weapon from the FY2019 Energy & Water Development Appropriations Act.

    By cosponsoring this bill, you will demonstrate that you oppose the development and deployment of this dangerous and unneeded weapon, and will fight to stop it from going ahead. You will be heeding the advice of former Secretary of Defense Bill Perry, former Secretary of

    State George Shultz, former Vice Chair of the Joint Chiefs of Staff James Cartwright, and more than 30 other former senior officials who wrote to Congress to oppose the low-yield warhead:

    These so-called “low-yield” weapons are a gateway to nuclear catastrophe and should not be pursued. . .

    The proposed “low-yield” Trident warhead is dangerous, unjustified, and redundant. Congress has the power to stop the administration from starting down this slippery slope to nuclear war. We call on Congress to exercise that authority without delay.

    Please cosponsor H.R.6840, the Hold the LYNE Act, to stop this dangerous new weapon.

    Sincerely,

    Martha Dina Argüello, Executive Director, Physicians for Social Responsibility-Los Angeles

    Joni Arends, Executive Director, Concerned Citizens for Nuclear Safety

    Beatrice Brailsford, Nuclear Program Director, Snake River Alliance

    Glen Carroll, Coordinator, Nuclear Watch South

    Jay Coghlan, Executive Director, Nuclear Watch New Mexico

    Vina Colley, President, Portsmouth/Piketon Residents for Environmental Safety and Security

    Tom Z. Collina, Director of Policy, Ploughshares Fund

    Karen A D’Andrea, Executive Director, Physicians for Social Responsibility Maine Chapter

    Bonnie Graham-Reed, Founder, Rocky Flats Right to Know

    Lisbeth Gronlund, Senior Scientist & Co-Director, Global Security Program, Union of Concerned Scientists

    Odile Hugonot Haber, Chair, Women’s International League for Peace and Freedom, Middle East Committee

    Don Hancock, Nuclear Waste Safety Program Director Southwest Research and Information Center

    Mary Hanson Harrison, President, Women’s International League for Peace and Freedom, U.S. Section

    Ralph Huchison, Coordinator, Oak Ridge Environmental Peace Alliance

    Derek Johnson, Executive Director, Global Zero

    Kevin Kamps, Radioactive Waste Specialist, Beyond Nuclear

    Marylia Kelly, Executive Director, Tri-Valley CAREs

    Daryl Kimball, Executive Director, Arms Control Association

    Hans Kristensen, Director, Nuclear Information Project, Federation of American Scientists

    Paul Kawika Martin, Senior Director, Policy and Political Affairs, Peace Action (formerly SANE/Freeze)

    Stephen Miles, Director, Win Without War

    Judith Mohling, Coordinator, Rocky Mountain Peace and Justice Center

    Nancy Parrish, Executive Director, Women’s Action for New Directions

    Pamela Richard, Manager, Peace Action Wisconsin

    Laura Skelton, Executive Director, Washington Physicians for Social Responsibility

    Jerry Stein, Convener, The Peace Farm

    Ann Suellentrop, M.S.R.N., Project Manager, Physicians for Social Responsibility-Kansas City

    Ellen Thomas, Chair, Women’s International League for Peace and Freedom, Disarm-End Wars Committee

    Cecili Thompson Williams, Director, Beyond the Bomb

    John Tierney, Executive Director, Council for a Livable World, Former member, U.S. House of Representatives

    Barbara Ulmer, Co-Director, Our Developing World

    Bobby Vaughn Jr., Journalist, A Call to Actions

    Rick Wayman, Deputy Director, Nuclear Age Peace Foundation

    Anthony Wier, Legislative Secretary, Friends Committee on National Legislation

    Jon Wolfsthal, Director, Nuclear Crisis Group, Former Senior Director on the National Security Council

  • Minuteman III Missile Test Launched from Vandenberg

    Minuteman III Missile Test Launched from Vandenberg

    For Immediate Release

    Contact:
    Sandy Jones: (805) 965-3443; sjones@napf.org
    Rick Wayman: (805) 696-5159; rwayman@napf.org

     

    Minuteman III Missile Test Launched from Vandenberg Early Tuesday Morning

    Less than two months ago, U.S. and North Korea held a summit, jointly committing to North Korea’s denuclearization. What kind of message does missile test send?

    Vandenberg–The U.S. is scheduled to test a Minuteman III Intercontinental ballistic missile (ICBM) carrying a mock nuclear warhead early Tuesday morning between 12:01 a.m. and 6:01 a.m. from Vandenberg Air Force Base near Lompoc, California. This particular test is just a month-and-half after the high-stakes summit between the U.S. and North Korea, in which Trump and Kim Jong-un signed a vaguely-worded statement, agreeing to  “work toward complete denuclearization on the Korean peninsula.”

    What kind of message is the U.S. sending to North Korea with this missile test? Rick Wayman, Deputy Director of the Nuclear Age Peace Foundation, noted, “This is the same class of missiles for which the U.S. has been highly critical of the North Koreans for developing and testing. How can the United States demand North Korea’s good faith on denuclearization while the U.S. continues its own ICBM testing? The hypocrisy is nothing new, but what stands out with this test is the potential for blowing up the peace process underway with North Korea.”

    It is widely recognized that the path to North Korean denuclearization will be anything but smooth. In fact, after Secretary of State, Mike Pompeo, went to Pyongyang to continue negotiations after the June summit, North Korea criticized the U.S. for having a stance that was “… regrettable, gangster-like and cancerous.”

    David Krieger, President of the Nuclear Age Peace Foundation, commented, “With its continuing missile tests, the U.S. is itself doing what it seeks to stop other countries from doing. If the U.S. were serious about achieving global denuclearization, it would be showing leadership toward that end. Instead, it continues to test its nuclear-capable intercontinental ballistic missiles. Hypocrisy will never achieve the desired goal of a nuclear weapons-free world.”                                           

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    If you would like to interview David Krieger, President of the Nuclear Age Peace Foundation or Rick Wayman, Deputy Director, please call the Foundation at (805) 965-3443. 

    The Nuclear Age Peace Foundation’s mission is to educate and advocate for peace and a world free of nuclear weapons and to empower peace leaders. Founded in 1982, the Foundation is comprised of individuals and organizations worldwide who realize the imperative for peace in the Nuclear Age. The Nuclear Age Peace Foundation is a non-partisan, non-profit organization with consultative status to the United Nations. For more information, visit wagingpeace.org.

  • On the 50th Anniversary of the Non-Proliferation Treaty: An Exercise in Bad Faith

    On the 50th Anniversary of the Non-Proliferation Treaty: An Exercise in Bad Faith

    On July 1, the 1968 Nuclear Non-Proliferation Treaty (NPT) turned 50 years old. In that agreement, five nuclear weapons states— the US, Russia, UK, France, and China—promised, a half a century ago, to make “good faith efforts” to give up their nuclear weapons, while non-nuclear weapons states promised not to acquire them. Every country in the world agreed to join the treaty except for India, Pakistan, and Israel which then went on to develop their own nuclear arsenals. To sweeten the pot, the NPT’s Faustian bargain promised the non-nuclear weapons states an “inalienable right” to so-called “peaceful” nuclear power. Every nuclear power reactor is a potential bomb factory since its operation produces radioactive waste which can be enriched into bomb-grade fuel for nuclear bombs. North Korea developed its promised “peaceful” nuclear technology and then walked out of the treaty and made nuclear bombs. And it was feared that Iran was on its way to enriching their “peaceful” nuclear waste to make nuclear weapons as well, which is why Obama negotiated the  “Iran deal” which provided more stringent inspections of Iran’s enrichment activity, now under assault by the US with the election of Donald Trump.

    Despite the passage of 50 years since the NPT states promised “good faith” efforts to disarm, and the required Review and Extension conference 25 years ago, which since then has instituted substantive review conferences every five years as a condition for having extended the NPT indefinitely rather than letting it lapse in 1995, there are still about 15,000 nuclear weapons on our planet. All but some 1,000 of them are in the US and Russia which keep nearly 2,000 weapons on hair-trigger alert, poised and ready to fire on each other’s cities in a matter of minutes. Only this month, the Trump administration upped the ante on a plan developed by Obama’s war machine to spend one trillion dollars over the next ten years on two new nuclear bomb factories, new weapons, and nuclear-firing planes, missiles and submarines. Trump’s new proposal for a massive Pentagon budget of $716 billion, an increase of $82 billion, was passed in the House and now in the Senate by 85 Republicans and Democrats alike, with only 10 Senators voting against it! When it comes  to gross and violent military spending, bi-partisanship is the modus operandi! And the most radical aspect of the budget is a massive expansion of the US nuclear arsenal, ending a 15-year prohibition on developing “more usable” low-yield nuclear warheads that can be delivered by submarine as well as by air-launched cruise missiles. “More usable” in this case, are bombs that are at least as destructive as the atom bombs that wiped out Hiroshima and Nagasaki, since the subsequently developed hydrogen bombs in the US arsenal are magnitudes more devastating and catastrophic.

    Putin, in his March 2018 State of the Nation Address, also spoke of new nuclear-weapons bearing missiles being developed by Russia in response to the US having pulled out of the 1972 Anti-Ballistic Missile Treaty and then planting missiles in eastern Europe. He noted that:

    Back in 2000, the US announced its withdrawal from the Anti-Ballistic Missile Treaty. Russia was categorically against this. We saw the Soviet-US ABM Treaty signed in 1972 as the cornerstone of the international security system. Under this treaty, the parties had the right to deploy ballistic missile defence systems only in one of its regions. Russia deployed these systems around Moscow, and the US around its Grand Forks land-based ICBM base.

    Together with the Strategic Arms Reduction Treaty, the ABM Treaty not only created an atmosphere of trust but also prevented either party from recklessly using nuclear weapons, which would have endangered humankind, because the limited number of ballistic missile defence systems made the potential aggressor vulnerable to a response strike.

    We did our best to dissuade the Americans from withdrawing from the treaty. All in vain. The US pulled out of the treaty in 2002. Even after that we tried to develop constructive dialogue with the Americans. We proposed working together in this area to ease concerns and maintain the atmosphere of trust. At one point, I thought that a compromise was possible, but this was not to be. All our proposals, absolutely all of them, were rejected. And then we said that we would have to improve our modern strike systems to protect our security.

    Ironically, this week the US Department of State, under the heading “Diplomacy in Action”, issued a joint statement with US Secretary of State Pompeo and the Russian and UK Foreign Ministers, extolling the NPT as the “essential foundation for international efforts to stem the looming threat—then and now—that nuclear weapons would proliferate across the globe…and has limited the risk that the vast devastation of nuclear war would be unleashed.”

    All this is occurring against the stunning new development of the negotiation and passage of a new Treaty for the Prohibition of Nuclear Weapons, the culmination of a ten-year campaign by the International Campaign to Abolish Nuclear Weapons (ICAN), which succeeded in lobbying for 122 nations to adopt this new treaty which prohibits nations from developing, testing, producing, manufacturing, transferring, possessing, stockpiling, using or threatening to use nuclear weapons, or allowing nuclear weapons to be stationed on their territory. Just as the world has banned chemical and biological weapons, as well as landmines and cluster bombs, the new treaty to ban nuclear weapons closes the legal gap created by the NPT which only requires “good faith efforts” for nuclear disarmament, and doesn’t prohibit them.

    At the last NPT review in 2015, South Africa spoke eloquently about the state of nuclear apartheid created by the NPT where the nuclear “haves” hold the rest of the world hostage to their devastating nuclear threats which provided even more impetus for the successful negotiation of the ban treaty. ICAN won the Nobel Peace Prize for their winning campaign and is now engaged in lobbying for ratification by the 50 states required by the ban treaty to enter into force. To date, 58 nations have signed the treaty, with 10 national legislatures having weighed in to ratify it (see www.icanw.org). None of the nine nuclear weapons states or the US nuclear alliance nations in NATO, as well as South Korea, Australia, and surprisingly, Japan, have signed the treaty and all of them boycotted the negotiations, except for the Netherlands because a grassroots campaign resulted in their Parliament voting to mandate attendance at the ban negotiations, even though they voted against the treaty. Grassroots groups are organizing in the five NATO states that host US nuclear weapons—Germany, the Netherlands, Belgium, Italy, Turkey—to remove these weapons from US bases now that they are prohibited.

    There is a vibrant new divestment campaign, for use in the nuclear weapons states and their allies sheltering under the US nuclear umbrella, www.dontbankonthebomb.com. There is also a parliamentary pledge for legislators to sign who live in nuclear weapons states or allied states at http://www.icanw.org/projects/pledge/ calling on their governments to join the ban treaty. In the US, there is a campaign to pass resolutions at city and state levels in favor of the new treaty at www.nuclearban.us. Many of these nuclear divestment campaigns (such as World BEYOND War) are working in cooperation with the new Code Pink Divest from the War Campaign.

    It remains to be seen whether the NPT will continue to have relevance in light of the evident lack of integrity by the parties who promised “good faith” efforts for nuclear disarmament, and instead are all modernizing and inventing new forms of nuclear terror.   The recent detente between the US and North Korea, with proposals to sign a peace treaty and formally end the Korean War, after a 65 year cease-fire since 1953, and the proposed meeting between the two nuclear gargantuans, the US and Russia, together with the new nuclear ban treaty, may be an opportunity to shift gears and look forward to a world without nuclear weapons if we can overcome the corrupt forces that keep the military-industrial-academic-congressional complex in business, seemingly forever!

    Alice Slater serves on the Coordinating Committee of World Beyond War.

  • Press Release: Minuteman III Missile Test Launched from Vandenberg

    Press Release: Minuteman III Missile Test Launched from Vandenberg

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    For Immediate Release

    Contact:
    Sandy Jones: (805) 965-3443; sjones@napf.org

    Minuteman III Missile Test Launched from Vandenberg Early Monday Morning

    U.S., North Korea summit just one month away what message does missile test send?

    Kwajalein Atoll
    The U.S. fired an intercontinental ballistic missile at Kwajalein Atoll in the Republic of the Marshall Islands.

    Vandenberg–The U.S. tested a Minuteman III intercontinental ballistic missile carrying a mock nuclear warhead early Monday morning at 1:23 AM (PDT). from Vandenberg Air Force Base. The U.S. typically conducts three to four ICBM tests each year. Monday’s test comes less than a month prior to the high-stakes summit between the U.S. and North Korea that is aimed at denuclearizing the Korean Peninsula.

    What kind of message is the U.S. sending to North Korea with this latest launch when these are the same class of missiles for which the U.S. has been highly critical of the North Koreans for developing and testing?

    David Krieger, President of the Nuclear Age Peace Foundation, commented, ”When it comes to ballistic missile tests, the U.S. continues to operate on a hypocritical double standard. Its own missile tests and those of its allies are treated as necessary and business-as-usual, while the missile tests of non-allied countries are treated as provocative and dangerous. What the world needs is a single standard aimed at ending the nuclear arms race and achieving a world free of nuclear weapons.  It also needs U.S. leadership rather than U.S. hypocrisy.”

    One month ago, Kim Jong-un suspended nuclear and missile tests in North Korea and stated that he will shut down the site where the previous six nuclear tests had been conducted. One cannot help but view this as a sign of good faith on the part of North Korea heading into the negotiations with the United States. As its own sign of good faith, the U.S. should also cancel all its planned ballistic missile tests prior to its summit meeting with North Korea.

    #        #         #

    If you would like to interview David Krieger, President of the Nuclear Age Peace Foundation or Rick Wayman, Director of Programs and Operations, please call the Foundation at (805) 965-3443.

    The Nuclear Age Peace Foundation’s mission is to educate and advocate for peace and a world free of nuclear weapons and to empower peace leaders. Founded in 1982, the Foundation is comprised of individuals and organizations worldwide who realize the imperative for peace in the Nuclear Age. The Nuclear Age Peace Foundation is a non-partisan, non-profit organization with consultative status to the United Nations. For more information, visit wagingpeace.org.

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  • Charm Offensive Takes Center Stage at the NPT

    This article was originally published in Reaching Critical Will’s News In Review, which is distributed to delegates and civil society representatives at the Non-Proliferation Treaty Preparatory Committee in Geneva.

    In February, the Democratic People’s Republic of Korea (DPRK) was widely and, I would say, unfairly criticized by the U.S. media, politicians, and even diplomats for its participation in the PyeongChang 2018 Olympic Winter Games. By sending high-level, suave officials to the Olympics, the narrative went, the DPRK was engaged in a “charm offensive” to win over the world and make us forget about its serious human rights violations.

    This week at the NPT PrepCom, the United States launched a charm offensive of its own, holding a well-attended side event during Wednesday’s lunchtime session. Friendly faces from the Department of State and Department of Defense told attendees that there is nothing to worry about in the Trump administration’s Nuclear Posture Review (NPR); there is continuity with past U.S. nuclear policy, and their actions to modernize their nuclear arsenal and build new types of nuclear weapons are being done benevolently for the security of the world.

    The substance of the side event did not differ much from the content of the written Nuclear Posture Review, but it was presented with a smile and an assurance that everything would be ok – definitely not the prevailing mood of the written document.

    Presenters applauded themselves for modeling transparency, saying that they hope other nuclear-armed states will publish Nuclear Posture Reviews and talk about them at future NPT conferences. It’s true – other nuclear-armed states, both inside and outside of the NPT, have been less transparent than the United States.

    A darker view of the Nuclear Posture Review was presented on Tuesday at a side event organized by the Nuclear Age Peace Foundation. Speakers from a range of NGOs discussed the implications of the U.S. Nuclear Posture Review for the NPT and for humanity.

    Hans Kristensen of the Federation of American Scientists criticized the U.S. nuclear weapons complex as a “self-licking ice cream cone.” Many of the modernization programs and proposed new nuclear weapons systems are being undertaken in order to simply maintain nuclear weapons production capacity and know-how at extraordinary financial cost. The real costs, however, lie in the additional decades of nuclear weapons deployment and the human and environmental toll that is inevitable if the weapons are ever used.

    Jackie Cabasso of Western States Legal Foundation predicted the following day’s U.S. charm offensive when she called the Nuclear Posture Review a sales pitch. Ms. Cabasso also believes the NPR was issued as a threat. The threats to use nuclear weapons are explicit throughout the document, but even the issuing of the Executive Summary in Russian, Chinese, and Korean can be viewed as a not-so-veiled threat to nations that the United States currently views as adversaries.

    At the end of Wednesday’s side event, Christopher Ford, U.S. Assistant Secretary of State for International Security and Nonproliferation, said, “This is how responsible nuclear weapon states should behave.” Self-congratulation and charm offensives will not hide the only purpose of nuclear weapons: to indiscriminately slaughter millions of human beings.

    There is no such thing as a responsible nuclear weapon state. The only responsible action a nuclear weapon state can take is to tirelessly work to eliminate all nuclear weapons worldwide. Not later, not some mythical future date “when the conditions are right.” Right now.

  • Minuteman III Missile Test Launched from Vandenberg: Poor timing and lack of transparency send wrong message

    Santa Barbara – The United States launched a Minuteman III Ballistic Missile this morning at approximately 5:26 a.m. from Vandenberg Air Force Base. There was little prior notice from military officials regarding this latest test. Civilians and residents living near the base, who regularly receive ample notice of missile tests, were left in the dark this morning as the missile raced through the early morning sky.

    The U.S typically conducts three or four ICBM tests each year. These are the same class of missiles for which the U.S. has been highly critical of the North Koreans for developing and testing. David Krieger, President of the Nuclear Age Peace Foundation, upon hearing of the launch stated, “When it comes to missile testing, the U.S. operates on a clear double standard. If the U.S. wants other countries to stop their missile tests, it should lead by example.”

    This test is particularly disappointing because it was conducted just over a day in advance of the planned summit of the leaders of North and South Korea. This summit will be the third inter-Korean summit and the first of its kind in eleven years. Rick Wayman, Director of Programs and Operations at the Foundation, commented, “It’s very disappointing that the United States chose to test an ICBM today, just days before the long-awaited summit between Kim Jong-un and Moon Jae-in. If we expect North Korea to cease developing and testing ICBMs, the least the U.S. could do is cease testing it’s own ICBMs while these delicate negotiations proceed.”

    This latest missile test demonstrated uncharacteristic secrecy by the U.S. Air Force in that it gave little advance notice of the test. There are many good reasons to notify residents in the area of the launch and also to notify other nuclear-armed nations to assure them that it is a test launch and not an actual attack.

    Krieger further commented, “In addition to checking the reliability of the hardware and training missile crews to launch it, missile launches also send messages. In this case, the message is, ‘We are powerful enough and arrogant enough to use these missiles if you don’t do what we wish.’ If we want to create a peaceful world, that’s entirely the wrong kind of message to send.”

    #   #   #

    If you would like to interview David Krieger, President of the Nuclear Age Peace Foundation or Rick Wayman, Director of Programs and Operations, please call the Foundation at (805) 965-3443.

    The Nuclear Age Peace Foundation’s mission is to educate and advocate for peace and a world free of nuclear weapons and to empower peace leaders. Founded in 1982, the Foundation is comprised of individuals and organizations worldwide who realize the imperative for peace in the Nuclear Age. The Nuclear Age Peace Foundation is a non-partisan, non-profit organization with consultative status to the United Nations. For more information, visit wagingpeace.org.

  • Looking Reality in the Eye

    Rick Wayman delivered this talk at the Nuclear Age Peace Foundation’s side event at the United Nations in Geneva on April 24, 2018 entitled “The Trump Nuclear Policy: The Nuclear Posture Review’s Threats to the NPT and Humanity.”

    I have a lot to say about the Nuclear Posture Review and the other statements, documents, and tweets that together comprise U.S. nuclear weapons policy under President Trump. We have a limited amount of time, though, so I’ll focus on three concepts that come through in the U.S. document.

    In the introduction to the NPR, and repeated later in the body of the document – and subsequently repeated in official statements the US has made – the authors write, “We must look reality in the eye and see the world as it is, not as we wish it to be.”

    The glasses they are looking through are very, very dark. Because what they propose over and over in this document is a readiness and a willingness to use nuclear weapons, including to use nuclear weapons first. They unashamedly say that they are ready to resume nuclear testing in response to “geopolitical challenges.”

    I dedicated my life to achieving the abolition of nuclear weapons after hearing two survivors of the U.S. atomic bombing of Hiroshima speak when I was 23, just before my two countries of citizenship – the U.S. and UK – invaded Iraq under the false pretenses of weapons of mass destruction.

    Tony de BrumTo this day, some of the people I admire most in the world are hibakusha from Hiroshima and Nagasaki, who openly share the unimaginable suffering imposed upon them when nuclear weapons were used on their cities. One of my personal and professional role models was Mr. Tony de Brum, who passed away last August from cancer, a fate that has befallen so many of his fellow Marshall Islanders following 12 years of brutal atmospheric nuclear testing by the U.S. I’ve spoken with nuclear testing survivors from many countries around the world, and their stories are real.

    That is reality. To see the world as it is, we must look into their eyes.

    ***

    In the NPR, the U.S. accuses Russia and China of arms racing. The U.S. does not explicitly admit in the document that it is also a part of this nuclear arms race. But last month, President Trump said in the context of U.S.-Russian relations, “Being in an arms race is not a great thing.” He also identified the U.S.-Russia arms race as “getting out of control.”

    I think he’s right. There is a new nuclear arms race, and it is out of control. Nuclear weapon designers at the United States’ Los Alamos National Laboratory have welcomed what they are calling the “second nuclear age.”

     If we allow it to continue along this path, we will inevitably create new generations of victims. There is, of course, the risk of nuclear weapons being used. But lasting damage to humanity is caused at every level of nuclear weapons production. From uranium mining, to the production of plutonium, to the precarious storage of highly radioactive waste for tens of thousands of years, innocent victims are created by the arms racers.

    When I was little, I used to watch the local news with my parents in the evening. Starting when I was five years old, Fernald was often the lead story. All I knew then was that people were really sick, and it was a scandal. It was only as an adult that I learned that, just a short drive from my family’s home, there was a uranium processing facility called the Fernald Feed Materials Production Center. They made materials for nuclear weapons. They contaminated the drinking water of local residents with uranium, and at one point released 300 pounds of enriched uranium oxide into the environment.

    That was just one site in one country that was part of the Cold War nuclear arms race. Are we really doing this all over again? Will my 8 year-old daughter hear about radioactive contamination on the radio as I’m driving her to school?

    At this rate, I’m afraid the answer might be yes.

    ***

    In the NPR, the authors write, “For decades, the United States led the world in efforts to reduce the role and number of nuclear weapons.” Notice the use of past tense. They didn’t say that the United States “has led,” “is leading,” “will always lead” – they said that it “led” – meaning that that era has come to an end.

    Two months ago, President Trump talked about the brand new nuclear force that the U.S. is creating. He said, “We have to do it because others are doing it. If they stop, we’ll stop. But they’re not stopping. So, if they’re not gonna stop, we’re gonna be so far ahead of everybody else in nuclear like you’ve never seen before. And I hope they stop. And if they do, we’ll stop in two minutes. And frankly, I’d like to get rid of a lot of ’em. And if they want to do that, we’ll go along with them. We won’t lead the way, we’ll go along with them… But we will always be number one in that category, certainly as long as I’m president. We’re going to be far, far in excess of anybody else.”

    There’s a lot to unpack in that quote. But let’s stick with the concept of leadership, and Trump’s idea that the U.S. is not going to be a leader – it is going to be a follower, no matter where it is being led.

    It’s hard to argue with President Obama, who said that “as the only nation ever to use nuclear weapons, the United States has a moral obligation to continue to lead the way in eliminating them.” Yet here we are, unilaterally surrendering our leadership.

    ***

    Speaking of morality, I had the honor of meeting Pope Francis last November at the Vatican, when he stated categorically about nuclear weapons that “the threat of their use, as well as their very possession, is to be firmly condemned.” A bold moral statement, and one that I agree with.

    The Nuclear Posture Review drips with the threat of use of nuclear weapons. It seeks to justify, rationalize, and shift blame for the United States’ continued possession and development of new nuclear weapons.

    There is no excuse. The language in Article VI of the NPT is not perfectly objective, but even the most liberal interpretation of “at an early date” could not conclude that multiple generations is an acceptable timetable. Every state party to the NPT has a legal obligation to negotiate in good faith to stop this madness.

    Many states have begun to fulfill this obligation through their participation in the Treaty on the Prohibition of Nuclear Weapons. For the others, it’s still not too late to change direction.

  • US Nuclear Posturing Has Adversaries Gearing Up, Not Standing Down

    This article was originally published on March 3, 2018, by The Hill.

    In Secretary of Defense Jim Mattis’ preface to the 2018 U.S. Nuclear Posture Review (NPR), he describes its purpose as “to ensure a safe, secure, and effective nuclear deterrent that protects the homeland, assures allies and, above all, deters adversaries.” These are worthy goals, but likely impossible to achieve so long as nuclear weapons exist.

    Of course, it is preferable that nuclear weapons be safe in the sense that they will not detonate accidentally, and that they be secure in the sense that they cannot be stolen by others or triggered by a cyber attack. These are basically physical problems which can be engineered and guarded against, although surely not perfectly.

    Despite the desire to achieve perfection, it is not possible for humans to do so, as demonstrated through the years of the Nuclear Age by many accidents, miscalculations and close calls.

    The biggest problem with a nuclear deterrent force arises from any attempt to determine its effectiveness. How can possessors of nuclear weapons assure that their nuclear weapons are effective in providing a deterrent to another nuclear-armed country? The answer is that they cannot do so in any physical sense.

    The nuclear deterrent force of a country relies instead on creating psychological barriers. If a nuclear deterrent force is effective in protecting a country and its allies, an adversary would refrain from attacking due to fear of retaliation. Since nuclear deterrence operates at the psychological level, one can never be sure it is effective. Or, it may only appear to be effective until it fails and failure could be catastrophic.

    Mattis also refers to a “credible” nuclear deterrent. Presumably, to be effective, a nuclear deterrent force would need to be credible to an adversary, but credibility is also a psychological term. It encompasses not only the size and power of a nuclear arsenal, but a belief in a particular leader’s willingness to actually use the nuclear weapons should deterrence fail.

    It is interesting that in the 2018 NPR (the Trump NPR), as with previous NPRs, there is allowance for the possible failure of nuclear deterrence. This should not be reassuring to anyone. Mattis ties the need to modernize the U.S. nuclear arsenal to the credibility of the nuclear deterrent force. He also ties credibility to “ensuring that our diplomats continue to speak from a position of strength on matters of war and peace.”

    The 2018 NPR points the finger at Russia, China, North Korea and Iran. Russia and China are accused of modernizing their nuclear arsenals, making it necessary for the U.S. to do the same. It points out that Russia, in addition to its seizure of Crimea, has military strategies reliant on nuclear escalation. It talks about China “expanding its already considerable forces,” but fails to mention that China has a policy of minimum deterrence and has made a pledge of No First Use of nuclear weapons.

    Nor does the 2018 NPR mention that both Russia and China have reacted to the U.S. placing missile defense installations strategically near their borders, or that this has only been possible due to the 2002 U.S. unilateral withdrawal from the 1972 Anti-Ballistic Missile (ABM) Treaty, which severely limited ABM deployments.

    Despite the promising interactions between North and South Korean athletes at the 2018 Winter Olympics, Trump has imposed tough sanctions on North Korea and upped his threats toward the country. Personalizing his message, Trump menacingly stated, “If the sanctions don’t work, we’ll have to go to Phase 2. Phase 2 may be a very rough thing. May be very, very unfortunate for the world.” This is the dangerous and threatening rhetoric of a madman.

    Trump has also failed to certify Iran’s compliance with the nuclear deal, leaving open the possibility of killing the deal and increasing the odds of yet another war and Iran’s return to its previous nuclear program.

    Mattis concludes his preface to the Trump NPR by acknowledging the vital role played by U.S. servicemen and civilians “in maintaining a safe, secure, and ready nuclear force.” The fact that the U.S. nuclear deterrent force is “ready” is not necessarily a blessing and should be of little comfort to Americans or anyone else. We are all part of “the world” that Trump is threatening to punish if North Korea does not submit to his will. He should be impeached now, before he does something “very, very unfortunate for the world.”

    The 2018 NPR calls for new and smaller nuclear weapons, those that would make it easier to cross the barrier into nuclear war. The NPR also chooses to keep all three legs of the nuclear triad: intercontinental ballistic missiles, bomber aircraft and submarine launched ballistic missiles.

    There can be little doubt that the U.S. nuclear posture will spur other nuclear-armed countries to do the same, thus assuring new arms races and increased nuclear dangers ahead. One has to wonder if the expensive and provocative technological modernization of the U.S. nuclear arsenal and other nuclear policies set forth in the 2018 NPR will be what takes us from the Nuclear Age back to the dark ages.

  • Democracy, Hypocrisy, First Use

    This article is part of a series from the November 2017 Harvard University conference entitled “Presidential First Use: Is it legal? Is it constitutional? Is it just?” To access all of the transcripts from this conference, click here.

    I’m an anthropologist. In my view, what holds the arms race in place and keeps it going is what Elaine Scarry has called a “mental architecture.” That mental architecture makes it seem natural and normal to many that tens of thousands of nuclear weapons exist on hair-trigger alert. How did that mental architecture arise?

    For over 30 years now, I’ve been in dialogue with nuclear-weapon scientists at both the Lawrence Livermore National Lab and the Los Alamos National Lab. If you’re an anthropologist, you always try to be sympathetic to the people you study, to explain to others how their worldview makes sense. Many of these scientists have become friends whom I like and respect. But my writing about these scientists, and about American nuclear culture more generally, also asks how beliefs that seem to me mythical and profoundly mistaken became for weapons professionals and for the broader American public what the French social theorist Roland Barthes calls “falsely obvious.”

    Two of these myths are widely subscribed to by both liberals and conservatives. The two myths purport to explain why some countries can be trusted with nuclear weapons and some can never be, and lead many to believe that nuclear weapons protect a liberal democratic international order. They also lead many to take it for granted that the president of the United States can condemn North Korea for testing a missile the very same week that the US tests a ballistic missile, and no one says, “Wait a minute, isn’t that hypocritical? Isn’t there a double standard there?”

    The first myth is that the US is a democracy in the fullest sense of the word, and that nuclear weapons protect this democracy. When I say to my students, “You know the US is not really a democracy, right?” they say “You’re crazy, Professor.” They won’t even argue about it, because to them it’s obvious the US is a democracy.

    What is a democracy? The Oxford English Dictionary definition is it’s “government by the people; that form of government in which the sovereign power resides in the people as a whole and is exercised either directly by them as in small republics of antiquity or by officers elected by them.”

    The US Constitution states that “Congress shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land or water.” The OED definition and the US Constitution make clear that in a democracy, one autocratic figure should not have sole authority to declare war. But in reality, as President Nixon famously told a group of congressmen, “I can go in my office and pick up a telephone, and in 25 minutes, millions of people will be dead.” A president of the United States made that boast—there is nothing less democratic. As Elaine Scarry says, “A momentous shift in the nature of government, the home population’s power of and responsibility for self-defense, has been lifted away from them and condensed into the head of government.”

    The second myth is that the US is a modern country with the maturity and rationality to possess nuclear weapons, unlike developing countries, and unlike countries in the Global South. I call this way of looking at the world nuclear orientalism. It characterizes countries in Asia, Africa, Latin America as too infantile, too immature, and too irresponsible to be trusted with nuclear weapons.

    Nuclear orientalists—that is to say, most of us—see developing countries as lacking the democratic self-control required of nuclear powers. They present developing countries as seeking nuclear weapons for vanity or to gain attention and not for legitimate reasons of self-defense. And they believe that fanatics are more likely to control nuclear weapons in developing countries, especially Muslim countries, than in developed ones.

    The frame of nuclear orientalism takes it for granted that Muslim leaders could destroy the world in a fit of fanaticism. Here are some examples, deliberately chosen from both the left and the right. At the Livermore Lab, where I did my fieldwork, I was given a pamphlet that stated, “Smaller nations with deep-seated grievances against each other may lack the restraint that was exercised by the US and the USSR.” Here is Kenneth Adelman, who was an official in the Reagan Administration: “The real danger comes from some miserable Third World country which decides to use these weapons either out of desperation or incivility.”

    These comments take it as given that Third World countries are not like us. In that same spirit here is a very recent example from Forbes magazine: “Nuclear weapons are one of those sovereign rights that should not be granted to autocratic leaders. Because of this adherence to core values, global public opinion trusts Western democracies to have nuclear weapons and to use them in a defensive manner.” By contrast, the author of the Forbes article points out that “North Korea’s sovereignty inheres in just one man.” But remember Richard Nixon’s boast that he could exercise a similarly autocratic sovereignty.

    Many of these discussions assume that public opinion has a greater force in the West than in developing countries. For example, Bill Potter, a liberal arms control analyst at the James Martin Center for Nonproliferation Studies, has written, “Adverse domestic opinion may also serve as a constraint on the acquisition of nuclear weapons by some nations. Japan, West Germany, Sweden, and Canada are examples of democracies where public opposition could have a decided effect on nuclear weapons decisions. … The fear of adverse public opinion, on the other hand, might be expected to be marginal for many developing nations without a strong democratic tradition.”

    What I find fascinating about an expert on nuclear weapons and nuclear history writing this is that Britain, France, and the United States all made the decision to acquire nuclear weapons with absolutely no democratic debate. There was no debate in the public sphere, nor in those countries’ legislatures. These decisions were not subject to democratic decision making, yet even highly informed people continue to take it, falsely, as obvious that they were and are.

    And consider US media coverage of India’s and Pakistan’s nuclear tests in 1998. Michael Krepon, the liberal cofounder of the Stimson Center, said that India’s tests “weren’t done for security purposes,” despite the fact that India has a nuclear-armed China on its border. Instead, he said, India tested nuclear weapons “for reasons of domestic politics and national pride. … We have street demonstrations to protest nuclear weapons. They have them to celebrate them.” In other words, the US is serious, India is frivolous.

    More recently, the New York Times opined, using language usually reserved for children: “Maybe North Korea is just jealous of all the attention that Iran has been getting as a result of Tehran’s recent nuclear bad behavior and craves a spotlight of its own.” Nor is the New York Times alone in this view: “Whenever the North Koreans act up, one has to assume in part at least that they are trying to get the world’s attention.” That’s from Robert Einhorn, who was special advisor on nonproliferation and arms control to the secretary of state from 2009 to 2013. Cartoons often make these assumptions even more visceral; many portray Kim Jong-un as a child who wants attention and can’t be trusted with nuclear weapons.

    Today, our mental architecture is being destabilized because the US has a president who disturbingly resembles the most cartoonish versions of Kim Jong-un; Trump also seems like a child who wants attention and can’t be trusted. The dichotomy between a responsible, mature, rational, democratic United States and autocratic, impulsive, childish, irresponsible North Korea, Pakistan, Iran, or India is breaking down. Since President Trump won the election, students in my classes have begun to say things that they would not have said before. They are starting to ask, “He couldn’t just use the weapons on his own, right? There must be some way of constraining him?” I have to tell them that, in theory at least, he can use the weapons on his own.

    Students who used to reject out of hand my arguments about nuclear orientalism are now giving them a second look in the era of Trump, who made comments like this one in a speech to the United Nations: “The United States has great strength and patience but if it is forced to defend itself or its allies we will have no choice but to totally destroy North Korea. Rocket Man is on a suicide mission for himself.” This is an open boast from the president of the United States that he is considering committing genocide.

    If we want to move toward a better, safer world, we have to start to realize that Americans have no monopoly on maturity and rationality. We should look in the mirror of Donald Trump and ask ourselves what it says about the United States that it was capable of electing such a human being as president. We should question our own smugness about how safe nuclear weapons are in our leader’s hands. Given that any country can end up with an irrational, autocratic leader at some point, the only world safe from nuclear war is a world where nuclear weapons have been abolished.

  • Presidential Lawlessness

    This article is part of a series from the November 2017 Harvard University conference entitled “Presidential First Use: Is it legal? Is it constitutional? Is it just?” To access all of the transcripts from this conference, click here.

    We need to construct a credible legal institution within the executive branch to constrain the president’s unilateral war-making powers and insist that he gain the consent of Congress before making any use of nuclear weapons. This is required both by the Constitution and by the War Powers Act of 1973. Up through the 1970s, the Office of Legal Counsel (OLC), in the Justice Department, served this crucial function as legal guardian. Its elite staff of 30 civil service lawyers were charged with writing opinions on contested issues of law within the executive branch. A special statute specifically made these opinions binding on the military. This law remains on the books, but the OLC no longer credibly operates as the executive branch’s legal conscience.

    Until the Nixon Administration, the OLC generally had only one political appointee, the assistant attorney general, who was in charge of the office. The hard work of opinion writing was executed by those 30 civil service lawyers, who had a deep understanding of the legal traditions established by generations of executive branch practice. Nowadays, career lawyers are very much in the minority, and high-powered political appointees often take the lead in opinion writing. While executive branch traditions continue to play a role, many OLC opinions now look more like advocate’s briefs for the sitting president than balanced assessments of applicable statutes and doctrines.

    Worse yet, even these partisan opinions no longer play the authoritative role once accorded to the OLC. Instead, the Office of White House Counsel now calls the shots on issues high on the president’s agenda. This rival team of high-powered lawyers did not even exist until 1969, when John Dean was appointed counsel to the president. Before that moment, the White House counsel was a position reserved for one of the president’s trusted political advisors. The counsel’s legal tasks were so minimal that he did not need a legal staff to help him out.

    Dean was only 31 years old when he took up the position of White House counsel. Since he was far too young to assume the counsel’s traditional function as senior advisor, he hired four staff lawyers to take the legal side of the job seriously. This experiment had an inauspicious beginning, since Dean and his staff played a critical role in the Watergate cover-up. But over the next decades, the White House counsel’s office escaped from its scandalous beginnings, and is now slightly larger than the OLC. Moreover, its 35 or 40 positions are swept clean with every administration, in favor of a whole new set of high-powered lawyers, whose principal qualification is their long-standing support of the sitting president and his policies.

    Given the constant turnover, the White House counsel’s office has no institutional memory, and many of the appointees don’t have much personal experience with any number of crucial areas that raise fundamental legal issues. For example, Robert Bauer was the White House counsel at the time of the war against Libya. He had been a lawyer for the Democratic National Committee and a personal lawyer to President Obama. He knew very little about national security law. Yet he intervened decisively on the question of whether the president was required to gain Congressional approval for his bombing campaign against Libya in 2011.

    Obama refused to do so, fearing that Congress would say no. But the War Powers Act of 1973 was designed with precisely such a case in mind. It provides that if the president fails to gain Congressional authorization within 60 days of initiating hostilities, he must cease all military operations within the next 30 days. As the 90th day approached, the Office of Legal Counsel began preparing an opinion that took the statute seriously and advised the president that he should stop bombing.

    In response, Bauer told the OLC to stop work on its opinion, and began to search the executive branch for another legal office that would write a legal-looking opinion that came out with the opposite answer. His quest led him Harold Koh, the State Department’s legal adviser, who obliged with a highly creative “interpretation” of the statute that allowed the president to keep on bombing past the 60–30 day deadline.

    The “Bauer-Koh” moment marked the total disintegration of the OLC’s function as legal guardian. From then on, the OLC was on notice that if it did not give the president what he wanted, his White House counsel would suppress publication of their opinions and find a different executive branch lawyer to back the president up.

    The rule of law suffered yet another body blow, in 2014, when President Obama embarked on a sustained campaign against the Islamic State, on September 10. This time around, the administration issued no opinion at all within the 60–30 day period that even purported to justify its escalating war against ISIS. It merely asserted that the Congressional authorizations for the use of force against Al Qaeda in 2001 and Saddam Hussein in 2002 should be expansively interpreted to authorize Obama’s war against ISIS in 2014.

    I represent Captain Nathan Smith, who has served as an intelligence officer in the command headquarters in the ISIS war, in a lawsuit. That suit charges that Obama’s bare assertions of authority, recently reasserted by the Trump Administration, cannot survive serious legal scrutiny, and that the ongoing military campaign against ISIS is illegal under the War Powers Act. Smith vs. Trump is presently under consideration by the Court of Appeals for the DC Circuit, and may well go to the Supreme Court for final resolution. A victory in this case would be a large step forward in vindicating Congress’s constitutional authority as the ultimate arbiter on the question of war and peace.

    Nevertheless, even a favorable Supreme Court decision won’t be enough to stop Trump or future presidents from waging unilateral wars during the long years that future Captain Smiths will need to convince future justices to intervene decisively in the name of the rule of law. America needs a powerful legal guardian within the executive branch to take the plain language of the War Powers Act seriously, and tell the president, in published opinions, that he must stop his unilateral military campaigns at the 90-day limit, or else breach his constitutional obligation to “take care that the laws be faithfully executed.” Such a pronouncement could well trigger the inauguration of impeachment proceedings, and only a particularly foolhardy or self-righteous president would choose to treat the guardian’s words with impunity.