Potential damage to wider arms control structures
like the Nuclear Non-Proliferation Treaty (NPT)

While the Bush administration earnestly professes to uphold to the broad structure of the Nuclear Non-Proliferation Treaty (NPT), its plans for new warhead designs, and increased role for nuclear weapons in U.S. military strategy cast serious doubt on its commitment to the treaty. U.S. Under Secretary of State John Bolton told Arms Control Today in February 2002, “We take our obligations under the NPT very seriously. In terms of what was said at the 1995 and 2000 NPT Review Conferences, we're reviewing all of that in the context of our preparation for the 2005 NPT Review Conference.”

In May 2000, all state parties to the NPT agreed to 13 “practical steps” toward global nuclear disarmament. However, the Bush administration nuclear plans contradict several of the steps that the United States supported only two years ago. Under the Article VI of the treaty, nuclear weapon states are committed to engaging in “good faith” participation in international negotiations leading to nuclear disarmament. The May, 2000 NPT Review Conference committed nuclear powers to apply “the principle of irreversibility” to “nuclear disarmament, nuclear and other related arms control and reduction measures.” Under those terms, the nuclear powers also committed to pursuing “a diminishing role for nuclear weapons in security policies to minimize the risk that these weapons ever be used and to facilitate the process of their total elimination.” Attempts to develop new, more usable nuclear weapons, and a refusal to rule out their use against non-nuclear states raises serious doubts about Washington’s commitment to this pledge.

The revelation in the Nuclear Posture Review (NPR) that nuclear weapons could be used against non-nuclear countries that have signed the NPT is also controversial. In discussing the “contingencies” for which the United States must plan nuclear retaliation, the NPR notes that “North Korea, Iraq, Iran, Syria, and Libya are among the countries that could be involved in immediate, potential, or unexpected contingencies.” Citing extensive WMD and missile programs in those countries, the NPR leaves open the possibility for the United States to retaliate with nuclear force against the threat or use of WMD from a non-nuclear weapon state member of the NPT.

This threat of nuclear use against a non-nuclear state runs contrary to the “negative security assurances” issued by the nuclear powers in the context of the NPT regime. Negative security assurances were first issued by the United States, Britain and the former Soviet Union in 1978 at the third U.N. Special Session on Disarmament. President Carter publicly stated that the United States would not use nuclear weapons against any non-nuclear weapon state party to the nuclear Non-Proliferation Treaty (NPT), unless the United States or its interests were attacked “by such a state allied to a nuclear weapons state.”

Before the 1995 NPT Review Conference the nuclear powers again issued assurances to non-nuclear states regarding the use of nuclear weapons. U.S. Seecretary of State Warren Christopher said,

The United States reaffirms that it will not use nuclear weapons against non-nuclear-weapon states parties to the Treaty on the Non-Proliferation of Nuclear Weapons except in case of an invasion or any other attack on the United States, its territories, its armed forces or other troops, its allies, or on a state toward which it has a security commitment, carried out or sustained by such a non-nuclear-weapon state in association or alliance with a nuclear-weapon state.

That pledge – and similar pledges made at the time by the United Kingdom, China, France, and Russia – was then noted in U.N. Security Council Resolution 984, which was approved in April 1995. This resolution played a crucial role in ensuring the success of the 1995 NPT Review Conference, which resulted in the treaty’s indefinite extension. Their importance is emphasised by Ambassador Thomas Graham, Jr., head of the U.S. delegation to the 1995 NPT Review and Extension Conference:
Numerous non-nuclear-weapon states made their decision to join the NPT after this commitment was announced. This commitment (referred to as a negative security assurance) was reaffirmed in April 1995 by the nuclear-weapon states in the context of the 1995 NPT Review and Extension Conference. Without it, the indefinite extension of the NPT might not have taken place…states parties to the NPT agreed to its indefinite extension relying on this reaffirmation.

The NPR provides an undeniable threat to the continued credibility of U.S. negative security assurances. The document does not refer to any nuclear programs in the countries listed, and simply justifies their inclusion because “all have long-standing hostility toward the United States and its security partners. All sponsor or harbour terrorists, and have active WMD and missile programs.”

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