Tag Archives: David Krieger

The Legacies of David Krieger and Robert Oppenheimer: Iconic Signatures of the Nuclear Age

15 Mar

[Prefatory Note: On March 14 at the local Music Academy concert hall I gave what was called the ‘keynote address’ in the program of a memorial event honoring the personal and political legacy of David Krieger, the President of the Nuclear Age Peace Foundation here in Santa Barbara, California. In this slightly modified text below I stress the comparison between Oppenheimer the film and Krieger the civil society star anti-nuclear activist as well as the persona of these two extraordinary individuals.]

Let me begin by adding my greetings to those many members of David’s family that are here among us on this most special occasion– at once solemn in our remembrance of loss and celebratory in our sense of David’s lifetime dedication to what Lincoln called ‘our better angels.’

And a warm welcome to those others gathered here today in friendship and admiration for a life well and meaningfully lived by David

I feel moved and challenged to be part of this remembrance of David, coming a few days after the question of nuclear weapons was brought before the American people by the many honors heaped on Christopher Nolan’s Oppenheimer at the Academy Awards ceremony. I believe it accurate to suggest that not since the Cuban Missile Crisis of 1961 or perhaps even the atomic attacks on Japanese cities at the end of World War II has there been such public attention given to the dangers of nuclear war by ordinary American citizens. Of course, this flurry of concern was abetted in a variety of ways by the nuclear diplomacy of Vladimir Putin, which can be best understood as both a threat and a warning. It seems to be sending a message to the West that Russia is ready for nuclear war if the US escalates its involvement in the Ukraine War by sending US troops to fight alongside the Ukrainians, a course of action many of us oppose for reasons additional to those associated with Putin.

The loss of David in 2023 given these background circumstances reminds us of his lifelong dedication to ridding humanity of the nuclear menace both by educating Americans and others about the apocalyptic dangers of nuclear war and by his sharp criticisms of the distressing embrace of nuclear weaponry by the US Government and its main alliance partners during the Cold War and ever since. This embrace included the bipartisan failure to comply with international law, most explicitly with Article VI of the Nonproliferation Treaty requiring nuclear weapons states to seek in good faith nuclear disarmament. In a more personal sense David left us at a time when I know that he felt that his successor as President of the Nuclear Age Peace Foundation would provide the same commitment, energy, and inspiration in providing the same practical leadership that so vividly defined David’s professional and spiritual identity. I know that I speak for the entire Board and Staff of the NAPF when I say that we all share David’s sense that the Foundation is in the best possible hands under this leadership provided by Ivana [EEVENA] Hughes; we could not be more fortunate having Ivana [EEVENA] as David’s successor, which I am glad to report is a view that David fully shared.

My own special friendship with David stretching over a period of more than four decades combined three dimensions that I have experienced with no other person on this or any other planet—first, an abiding love of poetry as a source of deep knowledge of truth, the good, and beautiful, as stretching our sense of reality beyond what is expressible in ordinary language, and also as poets taking on the most challenging of spiritual practices, secondly, our shared love of tennis as an exalting and satisfying, if at time frustrating blend of sport and fellowship, and thirdly, our shared sense of horror and fear with respect to all that was associated with past, present, and future of nuclear weaponry. This last gave rise in David to a resolve not to be a passive observer in this wrong turn taken by the human species but to embark on a lifelong commitment to do everything within his power to work toward the abolition of this infernal weaponry not primarily to avoid himself experiencing such a culminating human tragedy but more so for the sake of those he loved, of yet unborn future generations, and on behalf a benign destiny for humanity.

We also talked quite often of a fourth shared enthusiasm, which would involve nurturing our fondness for the game of chess. Perhaps, because it might have served as a way of testing our relative abilities we never got around to it, and in this sense it was undoubtedly my good fortune to advert humiliation as we, somewhat suspiciously, never did find an opportunity to match wits in this manner. Another aspect of this special friendship was the closeness of our two families, as more broadly shared with Imaging and Gerry Spence, reinforced by the closeness of my wife, Hilal, with Carolee and Mara, David’s ever so faithful and loving partner and his beloved, amazing daughter.

I know that others more qualified than I have read and will be reading some of David’s poems, but I wanted to frame my remarks by a poem that expresses with devastating concisenss the morbid hypocrisy of those standing guard over our arsenal of nuclear weapons and continuing to this day to do so with a smile of national self-righteousness:

A Short History Lesson: 1945

August 6th

Dropped atomic bomb

On civilians

At Hiroshima.

August 8th:

Agreed to hold War crime trials

For Nazis.

August 9th:

Dropped atomic bomb

On civilians

At Nagasaki.

I have had the odd personal experience of knowing both David as a cherished friend and Robert Oppenheimer as a somewhat irksome acquaintance. I found an unusual mixture of convergence and divergence in my experience of these two extraordinary individuals. Both of their lives were publicly defined by ‘the bomb,’ Oppenheimer by its development, use, and later as a victim of a witch hunting brought to the fore by his morally driven belated opposition to any development of this weaponry beyond its atomic bomb stage.  David became what he was by his horrified reaction to the use of the bomb, anti-nuclear activism reflecting his belief that only people could bring the pressures needed to make governments possessing advanced nuclear technology to give it up , and that his form of engaged citizenship in the Nuclear Age was to exercise civil society leadership in advocating abolition.

In contrast, Oppenheimer never wanted to relinquish altogether the fame he acquired by being widely known as ‘the father of the A-Bomb’ or for that matter his access to top-secret classified documents relating to national security. David had no ambivalence about his opposition to the use of atomic bombs against innocent civilian populations at a time in World War II when diplomacy could almost certainly have achieved the national goal of obtaining Japan’s surrender, while Oppenheimer took satisfaction in the success of his mission, including even the use of the weapon, although he later came to fear and oppose further development, specifically with H-Bomb technology that proved to have an explosive force that was 1000 times greater than the bombs used against Japanese cities. It is this posture which got him into unpleasant trouble with the militarist and foreign policy establishment whose eyes were firmly fixed after 1945 on geopolitical supremacy for the country based on military and economic dominance, and not peace and justice for the world. In a sense, Oppenheimer’s life is a metaphor for the red lines that make working within the structures of government for a more peaceful world dangerous and futile, while David’s life enjoyed the benefits of moral purity but was  tormented in anguishing ways by the frustrations of mere citizenship in a country that would not act in accord with its proclaimed values, including respect for international law and the United Nations. Both lives will be forever intimately connected with the realities of ‘the nuclear age’—by their shared opposition to the persistence of nuclearism and by their divergent paths of rejection from within and frustrations from without the established political order. I am sure Ivana will find creative ways of keeping alive this dual pedagogical legacy of both David and Oppenheimer as continuing exemplary figures in this ongoing struggle to avoid a future war fought with nuclear weapons.

Again to speak personally, it was my privilege to have learned from these two iconic figures, although far closer in mind, heart, and soul to one than the other. Let me end with a poem written by David in 2020. I have selected it because it so gracefully expressive of David’s rare comprehension among we Westerners of right living, right feeling, and right knowing:

Wisdom Is…
available to all, but rare
distilled from experience
advanced by dialogue
listening carefully
thinking deeply
doing what is right
selecting good over evil
speaking truth
acting with integrity
living simply
being kind and compassionate
demonstrating courage
learning from nature
Questioning
following the Way (Tao)
helping others
striving for peace with justice
being humble
choosing hope
persevering

Richard Falk, Santa Barbara, California, March 14, 2024

David Krieger (1942-2023): A Life of Dedication to the Abolition of Nuclear Weapons

21 Dec

[Prefatory Note: My In Memorium essay honoring David Krieger’s notable life was published in the December 21 Santa Barbara weekly newapaper, The Independent. Although David devoted his professional life to anti-nuclear scholarship and activism, his underlying motivationa were guided by fervent hopes for a world anchored in dignity for all and respect for the authority of international law and a robust United Nations]

Remembering my long, close, cherished friendship reinforces my sense of loss resulting from the death of David Krieger.

Our primary interests were unusually congruent. We were devoted to a world in which nuclear weapons and the danger of a nuclear war had become an unpleasant recollection rather than an existential menace. We both found great satisfaction as well as a sense of personal liberation playing competitive tennis as often as our schedules would allow. And we both expressed our deepest feelings about the world through poetry, both reading and writing poems.

David excelled in each of these spheres while I struggled, but despite this hierarchy of relative achievements, we managed to find pleasure through sharing much that seemed happily uncorrupted by the pressures of normal professional life.

David was well-known in Santa Barbara. He was the founding president of the Nuclear Age Peace Foundation in 1982 until his reluctant retirement in 2020. He managed to sustain this nongovernmental organization (NGO) through the support from an array of donors, many drawn from local sources. He put together a Board of Directors and staff that shared his single-minded dedication to the abolition of nuclear weapons, which for him was the darkest cloud overhanging the future of humanity.

David firmly believed that reliable knowledge conveying the drastic havoc of a nuclear war would awaken both the citizenry and its governmental representatives to the menace that threatened the future, ever since the atomic bomb was dropped on Hiroshima in 1945. The spirit of the Nuclear Age Peace Foundation was well captured by its website adages: “For the human race, Not the arms race” and “Abolish nuclear weapons before they abolish us.”

David never lost his hope for such a peaceful future for the country and the world, despite his knowledge of how deeply embedded nuclearism was in the political and economic consciousness of the nation, through the arms industry, a subservient Congress and media, and militarist foreign policy.

In lectures of invited peace luminaries and awards for life achievements, the Nuclear Age Peace Foundation honored those who contributed to realizing its goals, including Daniel Ellsberg, Noam Chomsky, and Robert Jay Lifton, celebrated activists such as Nobel Laureate Mairead Maguire and Helen Caldicott, and notable personalities such as Queen Noor and Oliver Stone.

For such prolonged anti-nuclear efforts, it is hardly surprising that David and the Peace Foundation were nominated on several occasions for the Nobel Peace Prize. In the recent book, The Real Nobel Peace Prize: A Squandered Opportunity to Abolish War, the renowned Norwegian expert on this most coveted of peace prizes, Fredrik Heffermehl, writes convincingly that David deserved the prize more than many of its recipients because his life’s work and that of the foundation he created. Heffermehl believed that the foundation’s contributions were in keeping with what Alfred Nobel had in mind when he established the prize to realize a vision of a world without war. David’s focus on nuclear weaponry was the vital first step in achieving this goal.

If nuclearism was what David hated, what he loved, besides his family, was poetry. It was a great joy for me to exchange haiku with David on a regular basis. Here are two examples of his haiku that should be read in relation to the profound impact the Hiroshima experience had on David’s life:

There, in the dark sky
through the sycamore leaves
the full moon

A rare good fortune —
to awaken from dreaming
in the moonlight

Although disease made him unable to speak, David remained alert until the end of his life, undoubtedly mourning the terrible wars in Ukraine and Gaza, but I also imagine him glimpsing glimmers of light, none brighter than knowing that the foundation his life was built around would continue to thrive under the sway of its inspirational new president, Ivana Hughes. She shares David’s passion, exhibiting a nurturing energy far and wide that spreads the message of nuclear disarmament, effectively introducing the Nuclear Age Peace Foundation abolitionist perspective into the practical activities of the United Nations and many other global venues around the world.

A second glimmer of light is the entry into force of the Treaty for the Prohibition of Nuclear Weapons in 2021. Although the treaty is opposed by NATO countries, including of course the United States, as well as by the other eight nuclear states, it is supported by governments representing a majority of the world’s peoples. David never lost his faith in respect for international law as the pathway to a peaceful world. This new treaty gives peace activists a powerful instrument by which to work toward a denuclearizing world, but it will not happen without a robust worldwide movement of people. That alone, with the capacities to mobilize sufficient democratic pressures, will lead governments — above all, ours — to finally do the right thing.

Above all, David believed in the transforming potential of love and beauty. His life was memorable for more than being a warrior for nuclear abolition. He was blessed by the love and the extraordinary support of his life partner, Carolee; children who made him proud; and grandchildren who kept him young as he grew old. It was Carolee who was so steadfast in her loving vigil of recent years as to make David’s transition from life to death as bearable, even mostly joyful, as it appeared to be.

Contesting Nuclearism: Management or Transformation? An Urgent Challenge

22 Jan

[Prefatory Note: The essay below, longer than most of my posts, started off as a tribute to my friend David Krieger, serving as a chapter in a forthcoming book honoring his dedication to the abolition of nuclear weaponry by way of a treaty regime being prepared under the editorship of Rick Wayman, now President of the Nuclear Age Peace Foundation and Krieger’s successor. In the modified form published below the essay calls attention to the generally unappreciated tensions between managing nuclear weapons and eliminating them altogether. It stresses the crucial point that management inevitably produces a structure of ‘nuclear apartheid’ that is to some extent ‘legalized’ by way of the Nonproliferation Treaty of 1961, and depends for implementation, not on law, but on geopolitical muscle, including war. This geopolitical pattern of NPT enforcement has been mainly undertaken by the United States, but is generally supported by most of the other nuclear weapons states. I write in opposition to such a management arrangement for moral, legal, political, and prudential reasons, and believe that total nuclear disarmament is attainable and would be beneficially transformative if achieved.]

 

 Contesting Nuclearism: Management or Transformation?

 I feel privileged to have shared with David Krieger an unwavering anti-nuclear commitment, mainly under the auspices of the Nuclear Age Peace Foundation of which he served for so long as the founding President. We worked collaboratively on several books that sought to balance abiding nuclear fears against our equally persisting hopes for a denuclearizing world order. [At The Nuclear Precipice: Catastrophe or Transformation, ed. with David Krieger, 2007; Path to Zero: Dialogues on Nuclear Dangers, written with David Krieger, 2012] Although we share a big picture consensus with respect to the nuclear policy agenda, we have some conceptual and tactical differences, which  gave rise to creative tension more than to arguments and disagreements.

 

In such a complex and uncertain world, it may help to think like a Hindu, and accept contradiction as more in keeping with social and political reality than is finding a right answer to complex policy puzzles. What is almost impossible for those trained within Western frames of reference is to grasp that there are diverse perspectives of understanding that may result in seemingly contradictory recommendations despite shared values and goals. Civilizational perspectives and personal experience inevitably color what we feel, think, and do, and so being likeminded when it comes abolishing nuclear weapons is often coupled with somewhat divergent views on what to advocate when it comes to tactics and priorities.

 

In this spirit, this essay tries to depict a set of reasons why the goal of nuclear disarmament will never be reached so long as arms control and nonproliferation of nuclear weaponry are seen as the pillars of global stability in the nuclear age. [For a comprehensive presentation of my approach see Falk, ed. By Stefan. Andersson & Curt Dahlgren, On Nuclear Weapons: Denuclearization, Demilitarization, and Disarmament, 2019. By this focus on points of differing policy emphasis and tactical disagreement I do not want to neglect the significance of the similarities that seem more organic and foundational. As I understand these similarities, some main tenets can be identified: the desirability of a world without any nuclear weapons to be pursued by way of an intergovernmental treaty negotiated among the existing nuclear weapons states that achieves nuclear zero by stages of successful implementation, a process formally endorsed by  non-nuclear states; such a treaty would unconditionally prohibit possession and further development of the weaponry, reinforce existing prohibitions on threat or use of nuclear weapons, and reduce existing nuclear arsenals by a phased, monitored, and. verified procedures with levels of confidence and ample mechanisms for complaint and dispute-settlement; there are many confidence-building steps that could be taken along the way, either unilaterally or by agreement with other nuclear weapons states, including de-alerting of existing weapons, redefining strategic deterrence doctrine in minimalist and purely defensive terms, and adapting doctrine and deployments in accord with a formally declared adoption of a No First Use Policy, supporting the UN Treaty of Prohibition of Nuclear Weapons (TPNW) [The 2017 treaty enters into force 90 days after the formal receipt of 50 ratifications by signatory states; as of 25 November 2019, 34 states have deposited notifications of ratification with the UN]

 

Another area of convergence is with respect to the status of nuclear weapons from the perspective of international law. Most advocates of total disarmament, even if arms control friendly, agree that nuclear weaponry is intrinsically unlawful under existing international law, that is, without the desirable reinforcement provided by the TPNW, and that any threat or use of a nuclear weapon would be an international crime for which accountability should attach. Such a consensus affirms the classic dissenting opinion of Judge Christopher Weeramantry in the Advisory Opinion of addressing the legality of nuclear weapons in the International Court of Justice. [See “The Legality of the Threat or Use of Nuclear Weapons,” Advisory Opinion, International Court of Justice (1996); see also Shimoda case decided in 1963 by the Tokyo District Court as interpreted, Falk, “The Shimoda Case,” American Journal of International Law, Vol. 51, 759-793]

 

There is also widespread agreement that maintaining confidence in such a denuclearizing world would require the parallel phasing out of nuclear energy capabilities. Nuclear power facilities as themselves too dangerous to be tolerable, despite those that claim their necessity for realistic project to reduce carbon emissions in accord with the scientific consensus. Events such as the accident at Chernobyl or the tsunami that caused the disruption of the Fukushima facilities are illustrative of the dangers arising from accidents and extreme natural events. Nuclear power plants provide targets for political extremists and disposal of nuclear waste pose major health threats. As well, sophisticated nuclear technology is susceptible to dual use, would feed suspicions that could easily cause disenchantment with nuclear disarmament, and give rise to international tensions, even war-threatening crises. The allegations and conflict potential associated with Iran’s nuclear program is indicative of the problems that would face a world monitoring and verifying disarmament commitments where a breakout from an agreement would likely cause dangerous reactions in an atmosphere of geopolitical panic.

 

 (1) The Incompatibility of Arms Control and Disarmament

 Perhaps, my biggest divergence with Krieger arises with respect to addressing the relevance of arms control in relation to our shared goals of denuclearization and a commitment to achieved total nuclear disarmament. I have long advocated drawing a sharp distinction between arms control as managerial and geopolitical in its nature and disarmament as transformative and juridical in character. By managerial I mean that the primary purpose of a given measure is to reduce risks posed by and costs associated with the nuclear status quo. Typical arms control proposals involve de-alerting weapons systems, agreeing to forego certain modernizing technologies, avoiding provocative doctrines and deployments, and reducing numbers of warheads and missile launchers.

 

By geopolitical I reference the fact that the intended and actual effect of most managerial initiatives is to stabilize the nuclear status quo, including not challenging the possession, control, and legitimacy of the weaponry as currently exercised by the main nuclear weapons states. An arms control approach also helps explain the priorities accorded to nonproliferation and counter-proliferation policies as in the dealing by the nuclear weapons states alleged to be a supposed nuclear aspirant as Iran or such a pariah state as North Korea. Indeed, in mainstream media and political discourse the challenge of nuclear weaponry is reduced to strengthening, stabilizing, and enforcing the nonproliferation regime, and nuclear disarmament is clearly struck from the policy agenda of the nuclear weapons states.

 

My view is that the endorsement of arms control approaches subtly and indirectly substitutes management for transformation, and leaves the world facing unacceptable risks of intended and unintended uses of nuclear weapons for the indefinite future, as well as ‘the nuclear apartheid’ structure of allowing possession, development, and deployment by the nuclear weapons states and prohibiting it for all others. Beyond this, it overlooks the cultural and collective legal/ethical/spiritual (normative) costs associated with deterrence strategies that regard retaliatory uses of nuclear weapons as a legal and ethical security policy despite their indiscriminate, toxic, genocidal, catastrophic, and possibly omnicidal characteristics. [E.P. Thompson, “Notes on Exterminism: The Last Stage of Civilization,” New Left Review, May/June, 1980.]

 

Geopolitical factors are not generally considered in discussions of these issues, but given my world order interests I regard geopolitics as subverting the major premise of state-centric world order, namely, the equality of sovereign states.[UN Charter, Article 2(1): “The Organization is based on the principle of the sovereign equality of all of its members.”] Of course, this formulation in the UN Charter is mendacious language that cannot be reconciled with the P-5 permanent membership and right of veto in the Security Council. A prime ingredient of national sovereignty is the unconditional authority of states to determine their own security policy when it comes to self-defense, especially in response to threats. The irony of the managerial approach is that the two states with the most plausible security justifications for recourse to nuclear deterrence, Iran and North Korea, are the only states under pressure to forego or renounce all intentions of acquiring such weaponry. Even worse, this policy of denial is not a decision of the world community at the UN. It is a self-serving policy articulated by the nuclear weapons states, especially the United States, the UK, and France, geopolitical players that have assumed the role of nuclear gatekeepers while keeping their own nuclear options discretionary and secret. Instead of juridical equality, nuclear weapons policy is geopolitically hierarchical.

 

I acknowledge that drawing this sharp line between arms control and disarmament has some drawbacks. Perhaps, the most important of these is to make the goals of anti-nuclear activism seem unattainable and utopian because of the weak political will present to challenge the nuclear status quo, a political reality that has persisted since 1945 without any further weapons use. It can be argued in favor of arms control, that its measures are inherently valuable, and raise the anti-nuclear morale by demonstrating that concrete steps can be taken to reduce overall risks and costs of nuclearism, that something positive is happening in response to these concerns. Further, that when and if a more peace-oriented political atmosphere emerges, it would be a simple matter to advocate total nuclear disarmament, and on this basis strengthen the political will to encourage political leaders that the time has come to pursue transformative initiatives. In effect, as matters now stand, arms control seems better than nothing, and in this period, it is prudent to get what is possible, while maintaining the expectation that at some time under conditions impossible to anticipate, nuclear disarmament would rise to the top of the political agenda.

 

 I entertain these expectations to a certain extent. I continue to hope that a transformative agenda will at some point (other than a post-catastrophe context) be supported by an insistent public opinion and by responsive political leaders. In the 1990s I had the hope that at the end of the Cold War, especially as coupled with the collapse of the Soviet Union, there would be an irresistible surge of support for seeking nuclear disarmament. After all, political events had undermined the main deterrence rationale for retaining and developing the weaponry, and there seemed no reason to retain such potentially catastrophic weaponry. I thought both leaders and citizens would seize the opportunity to work toward a nuclear-free world.  Sadly, it didn’t happen, and was not even seriously considered. There was no push from below, and no interest from above. We should all be asking ourselves why such a mood of nuclear complacency prevailed when there seemed so much to gain by working toward an attainable and historic agreement to rid future generations of the fear that somewhere, somehow this infernal weaponry would again wreak havoc. One part of an explanation is that the nuclear dimension of the militarized bureaucracy in the United States, and elsewhere, is sufficiently influential to inhibit any concerted political moves to rid the world of nuclear weaponry.

 

Resuming my effort to show that although my views of this arm control/ disarmament interface have significant differences from what Krieger has emphasized both in the outlook of the Nuclear Age Peace Foundation and through his own work, our differences should be understood as the adversary of complementary approaches. I want to stress my perception that the driving force behind arms control is to enhance the stability of the nuclear environment and save money. In my view, foregoing certain nuclear innovations and deployments makes nuclear disarmament seem less necessary rather than more attainable. In this regard, arms control falls within the domain of political liberalism, which is itself under attack from neoconservative militarists who regard any international arrangements designed to reduce the risks associated with nuclear weaponry as a snare and delusion, and definitely not in the national security interest of the United States, and maybe some other nuclear weapons states.

 

Such a mainstream debate on the pros and cons of arms control needs to be understood as most essentially about the managerial form. The geopolitical hawks are arguing in favor of national management of nuclearism with due regard for the pursuit of strategic national interests. Most liberals favor negotiated international management arrangements that limit geopolitical options, including the avoidance of nuclear arms races. Arms control liberals also seek to minimize costs and risks of the nuclear status quo, giving a strong priority to keeping the nonproliferation regime alive and well. The most idealistic arms controllers feel that success with partial measures would build confidence of governments needed to take more ambitious denuclearizing steps in the future.

 

As suggested, our divergence of views can be viewed as complementary rather than posing an either/or choice.[Falk/Krieger, Path to Zero; Dialogues on Nuclear Dangers(2016).] I regard it as useful to understand that arms control generally tends to work, at least for the foreseeable future, against rather than in support of nuclear disarmament. I understand Krieger to be suggesting that while abolition is the primary goal, during the foreseeable it is desirable to do whatever becomes politically feasible by way of reducing risks and costs associated with the existing nuclear arms environment. This outlook may help explain why Krieger is reluctant to make the point that while a given arms control measure may be a constructive contribution in some respects, it has the unacknowledged effect of moving the world further from nuclear disarmament rather than closer to it.

 

 In both our positions there is room for convergence. Krieger’s position does not oblige him to regard every arms control measure under consideration as beneficial, nor am I committed to rejecting automatically every arms control measure that comes along. For instance, I would guess that we would both favor a declaratory No First Use policy either unilaterally undertaken or adopted by agreement among nuclear weapons states. Contrariwise, we would likely both oppose an international agreement that permitted the development of defense systems that would have the likely effect of making First Strike Options more attractive while claiming to make a rogue surprise attack less likely.  

 

I do feel strongly that we who seek permanent nuclear peace need to understand that the denuclearizing struggle must confront the bipartisan national consensus on these issues in the United States, which has survived without controversy despite the end of the Cold War. The consensus holds that the existing nuclear weapons regime needs to be managed, but never disassembled. The consensus is split as to who should do the managing, and what should be the role of geopolitics in the overall scheme. It regressively excludes from political imagination any endorsement of nuclear disarmament as a matter of principle. The Statement of US, UK, and France expressing their reasons of these governments for rejection of TPNW makes this clear. The main contention of this Statement is that even after the Cold War nuclear weapons enhance national security rather than erode it. By such reasoning, all sovereign states should have a legal entitlement to acquire the weaponry, and hence it becomes reckless for a government not to become a nuclear weapons state, exercising their right of withdrawal from the NPT.

 

(2) The Normative Ambiguity of Non-Proliferation and Counter Proliferation Policies

 

As earlier indicated, the geopolitical essence of the managerial approach is shaped by the nuclear governmental oligarchs rather than by the world community as problematically represented by the UN. In other settings. I have argued that the weakness of community at the global level makes it unrealistic to expect the UN to be effective or even influential whenever a policy issue collides with geopolitical interests. This difficulty was compounded by vesting veto power in the governments of the first five states to acquire nuclear weapons. In other words when it comes to matters of peace and security geopolitics has been written into the constitutional fabric of the UN System with juridical considerations based on sovereign equality put aside at least so far as the Security Council is concerned.

 

To achieve a world order bargain, a deal of sort was struck, and incorporated into the text of the NPT. Non-nuclear states would receive the technology needed for what was put forward as a good faith pledge would be written into the treaty obliging the governments of the nuclear weapons states to seek nuclear disarmament through international negotiations, and even more ambitiously, general and complete disarmament.[See Articles IV, VII NPT] This tradeoff was flawed in conception and execution. It was flawed because it was based on vague and unmonitored commitments that were almost impossible to interpret, much less implement. It was flawed in practice by discrimination among states, by facilitating covert acquisition of nuclear weapons by Israel, while waging an aggressive war in Iraq that was partly justified on counter proliferation grounds and subsequently relying on irresponsible coercive diplomacy to threaten Iran and North Korea with potentially grave repercussions.

 

The fundamental flaw of the approach taken in the NPT became increasingly evident over time. It became clear that the nuclear weapons states without exception were not interested in pursuing nuclear disarmament as policy objectives. Occasionally, politicians would put forward their belief in nuclear disarmament. But it was at best an empty wish that lacked political traction, and at worst was a public relations stunt used to gain a propaganda or partisan advantage.

 

 

 

(3) Should the NPT be repudiated in view of the flagrant breach of Article VI by the nuclear weapons states?

 

The issue of nonproliferation is central to my understanding of the challenge of nuclearism.[See Robert J. Lifton & Richard Falk, Indefensible Weapons: The Legal and Political Case Against Nuclearism (1982)] It is central because the establishment of a nonproliferation regime is what has linked geopolitical interests to the retention of nuclear weapons by a small number of countries, above all the five permanent members of the UN Security Council. It sets these five states apart even in relation to the other four nuclear weapons states for whom the weaponry is more closely connected with a more specific search for security, status, and regional influence (Israel, India, Pakistan, and North Korea). I believe it is important to expose these unacceptable geopolitical links between nuclear weaponry, nonproliferation, and world peace and security. Liberal anti-nuclearists are either take no notice of these geopolitical dimensions of nuclear policy, and tend to support the  nonproliferation regime based on their assumption that the world becomes that much more dangerous as each new political actor acquires nuclear weapons. To take note of the problem is a far cry from finding a solution.

 

As with arms control, the policy issue raised by nonproliferation is complicated, defies any dogmatic view, and cannot be resolved by rational analysis or even by recourse to moral and legal considerations. I share the view that any sane person would like to live in a world with as few governments having access to nuclear weapons as possible. Seen in isolation, this is a desirable goal. But just how desirable is nonproliferation policy if other considerations are taken into consideration? Among these considerations is the realization that incentives to seek nuclear disarmament are greatly diminished if the nuclear club can be kept small as it allows the nuclear weapons states to retain their security options and geopolitical status associated with the possession of the weaponry, as well as to threaten other states with annihilation without fearing retaliation.

 

Another important consideration is the distinction between the nonproliferation treaty instrument (NPT) and the implementation of the treaty by way of the establishment of a nonproliferation regime (NPR) devised by and under the control of the United States, and not the UN. Note that the NPT purports, at least, to be based on the formal equality of states, and supposedly relied on a logic of reciprocity with respect to obligations. The nonproliferation regime, in contrast, proceeds from assumptions of inequality, claiming for nuclear weapons states a responsibility for preventing or even reversing proliferation, while imposing no denuclearizing responsibilities on any nuclear weapons state except possibly North Korea. In this sense, due to geopolitics, nonproliferation rather than denuclearization becomes the operative manner of partially integrating or normalizing the weaponry with respect to world order. This means that geopolitics is given precedence over international law and global justice, and few seem to notice, and even fewer appear to care.  By treating nonproliferation as independent from the broader issues of peace and justice, the nuclear policy question is reduced to whether if country X acquires the bomb will the world or region be safer or more dangerous. This kind of reasoning has provided the justification for insisting that Iran demonstrate to the world that it does not possess nuclear weapons, and is not seeking to produce despite its technological capacity and infrastructure that confers the potentiality. Geopolitical prerogatives authorize the nuclear weapons states to overlook the unlawfulness of threats to the security of these potential proliferators that seem to explain their temptations to develop a nuclear weapons capability.

 

There are further concerns about burying these issues beneath the banner of national nuclear bipartisanship.[By bipartisanship I am referring to the consensus that has generally transcended party differences in the formulation and carrying out of foreign policy, including adherence to the logic of nuclearism, which includes the management of the counterproliferation regime.] For one thing, the counterproliferation regime tacitly authorizes threats and uses of force to carry out its nonproliferation missions. Such threats and uses of force have been relied upon to uphold to case for attacking and occupying  Iraq since 2003 despite the refusal of the UN Security Council to accept the argument or authorize the undertaking. Since this undertaking could not be validated by reference to self-defense as defined in Article 51, it must be considered a violation of the core norm of the UN Charter (Article 2 (4)) and thus appears to qualify as  a war of aggression, which was treated as the most severe of international war crimes at the Nuremberg trials held after World War II as well as being a damaging show of disrespect for the authority of the United Nations given that authorization was requested and denied. The same dynamic is at play with regard to Iran at the present time. Threats and sanctions, without any UN authorization have been directed at Iran, a state that seems at the mercy of geopolitical instability, further accentuated by Trump irresponsible repudiation of the Joint Comprehensive Plan of Action (JCPOA) negotiated during Obama’s term as president. The main conclusion to be reached is that implementing nonproliferation has been achieved at the expense of international law and even the UN Charter, and by relying on a one-sided interpretation of the NPT that grants impunity to the nuclear weapons states while enacting unlawful punitive measures against non-nuclear states, especially those that are targets of geopolitical enmity. My impression is that advocates of continuing validity of the NPT arrangement are insensitive or ignorant toward this double standard relating to compliance.

 

A second intrusion by geopolitical manipulation is the manner in which countries outside the P-5 are treated when it comes to nuclear weaponry. It seems evident that Israel was given entry to the club despite its covert means of acquiring the capability, even receiving secret technological assistance from several P-5 nuclear weapons states.  Whether by agreement or choice Israel has maintained a formal posture of neither admitting nor denying the existence of its weapons arsenal, although it is widely accepted that it possesses the weaponry and continues with further development activities.  [Seymour Hersh, The Samson Option: Israel’s Nuclear Arsenal & American Foreign Policy 1991] What is clear is that the NPR discriminates among states based on their international alignments and size, allowing Israel in, while keeping Iraq and Iran out. This discriminatory practice illustrates the geopolitical tendency to divide the world into friends and enemies when allocating rights and duties among sovereign states. In other words, geopolitical rather than legal criteria are relied upon to establish the policy interface between nuclear haves and have nots.

 

A third intrusion is the effect of allowing the NPR to override the treaty without any attempt at reconciling the two sources of normative order, or even to alter the NPT so that it conforms to the practices of NPR. The NPT imposes a solemn obligation on nuclear weapons states to pursue nuclear disarmament in good faith with an intention to conclude an agreement. [See unanimous finding of ICJ in the Nuclear Weapons Advisory Opinion. The language used by the 14-0 vote, which included the American judge, is suggestive: “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 finding in the Advisory Opinion follows closely the wording and spirit of Article VI of the NPT: “Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.”]

These states are parties to the NPT, and yet they have joined in the virtual negation of this most fundamental feature of the treaty text that undoubtedly explains the willingness of most non-nuclear states to become parties to the treaty. We can only speculate as to whether the NPT would have ever come into force without having this reciprocal feature that bound the two states in an encompassing agreement. The NPT seemed to have the intrinsic merit of seeking to rid the world of nuclear weapons by negotiation while freezing nuclear membership. The treaty has been reasonably successful in inhibiting further acquisition of this highly dangerous and legally dubious category of weaponry, while being an unacknowledged failure so far as its reciprocal goal of denuclearization.

 

In the end, this double standard raises the question as to whether the NPT should be repudiated, or at the very least subjected to sharp criticism by non-nuclear parties. From a legal point of view the nuclear weapons states appear to have violated material provisions of the treaty, giving non-nuclear parties an option to void the agreement. As matters now stand, the NPT provides a legal rationale. for the claims put forward by the NPR. Yet the repudiation of the NPT could be interpreted as a green light to acquisition of the weaponry as an insurance policy. In view of such a dilemma, the best response might be a heightened effort to apply the treaty as drafted, especially insisting on compliance with Article VI, and further construed by seeking a second Advisory Opinion from the World Court.

The NWPT is another sort of pushback against both NPT and NPR, as well. It obviously challenges the legality and legitimacy of the geopolitical nuclear apartheid as pertains to the control of nuclear weaponry by putting forward a treaty seeking a wide-ranging normative prohibition of nuclear weaponry that is applicable to all states.  

 

Alongside concerns about proliferation is the absence of concern in response to the maneuvers of geopolitics as these bear on the sovereign right of states to uphold their security and to exercise their inherent right of self-defense. Actually, Iran and North Korea have far more reasonable security arguments for acquiring nuclear weapons than do any of the other nuclear weapons states. This recognition does not justify acquiring the weaponry, but it helps explain the reasonableness of their behavior as compared the examples being set by leading states. Such vulnerable states are faced with defending their territorial sovereignty against coercive diplomacy and possible interventions and encroachments on their security carried out and promoted by neighboring political actors controlling vastly superior military forces, and in these instances allied with nuclear weapons states.

 

By this pronounced unwillingness of the NPR to allow certain states to determine their own security needs if it undermines efforts to prevent further proliferation, unaccountable and often irresponsible geopolitical managers of NPR are effectively given the authority to override national security policy of these weaker states. For instance, Iran is threatened with military attack if it crosses certain technological thresholds. As significant, geopolitical forces make no effort to take steps to reassure Iran with respect to security or to replace a nonproliferation approach by pushing for the establishment of a Middle East Nuclear Free Zone. There has been no response by the West to Iran’s president, Hassan Rouhani, who presented a peace plan for the Persian Gulf in 2019 at the UN General Assembly, given the name Hormuz Peace Endeavor with the fitting acronym of HOPE.

 

The example of Libya haunts this topic of forgoing the nuclear weapons option, as many believe that if Muammar Qaddafi had not abandoned plans to acquire nuclear weapons, he would be alive today. Similarly, if Saddam Hussein had really possessed a stockpile of weapons of mass destruction, many believe that Iraq would never have been attacked in 2003. In other words, nuclear deterrence is possibly a more effective approach to national security if invoked by relatively weaker nuclear states. The NPR offers no compensatory steps to offset security concerns of such obviously vulnerable states as Iran beyond their rather tenuous conditional willingness to remove sanctions, and thus it is not surprising that nonproliferation is tied to militarism.

 

It is also notable that the most prominent instance in which hawkish foreign policy establishment figures advocated nuclear disarmament was in reaction to their skepticism about the viability of NPR in containing future proliferation. [George P. Shultz, William Perry, Henry Kissinger, and Sam Nunn, “A World Free of Nuclear Weapons,” Wall Street Journal, Jan. 4, 2007; see by same authors, “Deterrence in the Age of Nuclear Proliferation,” WSJ, March 7, 2011.]. In effect, these geopolitically oriented political figures, influential former holders of high-profile security positions, favored nuclear disarmament not because of any moral scruples or fear of an impending apocalypse, but because of their worries that the NPR was breaking down. In effect, their belief that further proliferation would likely occur, and make it so much more difficult to achieve geopolitical political goals that they were uncharacteristically willing to recommend phased denuclearization as a grand strategy. They did this in the belief that the West would enjoy military dominance in a denuclearizing world through their retention of far superior non-nuclear capabilities, which were in any event, more usable in the course of foreign policy if there seemed to be no risk of an unwanted escalation above the nuclear threshold. I believe these complexities need to be discussed, while arms control proponents tend to believe that such issues are often ‘academic’ distractions that fail to keep the proper focus on what is wrong about the weaponry and how to get rid of the weapons before they get rid of humanity.

 

 

(4) Can we have Stage III nuclear disarmament without non-nuclear demilitarization?

A final issue touched upon is whether a credible posture toward a disarmament process for nuclear weapons must at some stage also address issues relating to non-nuclear demilitarization, and indeed war itself. Arms control oriented thinkers place more stress than I would on the distinctive policy priority arising from the acute dangers posed by nuclear war. Those who favor nuclear disarmament tend to focus more on the obstacles to nuclear disarmament created by existing levels of militarism as well as by the role of war and nuclear apartheid in international relations, and as embedded in the political realist mentality that continues to regulate the behavior of national leaders.

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There is a practical argument about inducing the weaker nuclear states to enter into a treaty framework that leaves them more vulnerable after giving up their arsenal of nuclear weapons. The governments of such states to the extent that their leaders believe that exposure to hostile states wielding superior conventional weaponry would discourage any effort to tamper with the nuclear status quo. Such security minded states likely include Pakistan, Israel, North Korea, and possibly India (in relation to China).

 

As a nuclear disarmament process deepened, there would be more attention given to a denuclearizing security environment. To achieve the goal of total abolition, the only acceptable outcome of a denuclearizing process, parallel steps would need to be taken to reduce non-defensive armaments, which might be difficult with the emergence of drones and accurate long-range missile technology.

 

 

 

Concluding Note

 

Some anti-nuclear moderates believe that the most promising way to reach a world without nuclear weapons is to convince society that fears of a nuclear war are well-founded, that the results of a war fought with nuclear weapons would be unimaginably horrible in its devastation and aftermath, and that phased, verified nuclear disarmament offers a safer and more humane alternative that would give permanent nuclear peace its best chance. [See Daniel Ellsberg, The Doomsday Machine: Confessions of a Nuclear War Planner (2017)]

 

I do not agree. In contrast, I am convinced that to move forward toward total nuclear disarmament we need to take much better account of the obstacles, frictions, and nuances, explaining why the anti-nuclear movement has so far failed to challenge effectively the nuclear weapons establishment. This position is open to criticism as being overly concerned with obstacles, and less focused on issues of morality, prudence, political action, and war prevention (relating to the implicit arms control claim that nuclear deterrence has prevented all major wars for more than 75 years, including those that might have been fought had nuclear weapons not existed).

 

In the end, I think we need to continue to have dialogues between those anti-nuclearists who are uncritical about the friction between pursuing arms control and disarmament, and those who believe that their antagonisms must be addressed. It remains crucial

to keep mobilizing moral outrage as the foundation for political action. By contrast, I believe that ant-nuclearism will not get far until it clarifies the tensions between seeking arms control and favoring nuclear disarmament. It seems a serious confusion to suppose that arms control is a halfway house and a serious moral and political failure not to critique the nonproliferation regime that sustains nuclear apartheid which is self-servingly asserted to be the only path to global security.[See George W. Bush, U.S. National Security Strategy, 2002, an important interpretation of global security that fails even to acknowledge nuclear disarmament as a desirable goal].

 

My assessment of the arms control/disarmament interface can be summarized in a series of propositions:

         –that it is morally, legally, politically, and prudentially imperative to rid the world of nuclear weaponry through a verified

nuclear disarmament treaty and accompanying implementation regime, and this should be regarded as the paramount goal of anti-nuclearism, taking precedence over other goals;

         –that arms control approaches must be explicitly understood as managing nuclear weapons, which is often not consistent with achieving the paramount goal, and may actually make the goal of total nuclear disarmament less attainable;

          –that the two top priorities of the managerial approach to nuclear weaponry are to prevent a major war and to prevent further proliferation of nuclear weaponry to additional sovereign states, and especially to those potential nuclear weapons states that have adversary relationship to regional and global geopolitical regimes;

         –that despite the NPT, avoiding further proliferation of nuclear weaponry requires reliance on implementation by geopolitical regimes, by threats, and if necessary, by military action;

         –that the coercive maintenance of non-proliferation has produced a structure of nuclear apartheid, which is inconsistent with the world order premise of the equality of sovereign states and will be resisted from time to time by states whose security is under threat or who harbor hegemonic ambitions;

         –that the final stages in any disarmament process must also address global militarism in general and reduce non-nuclear military capabilities;

         –that overcoming current high levels of complacency about the risks and effects of a nuclear war will depend on civil society activism and a more peace literate public opinion, and will not be achieved by normal diplomacy.

 

 

The Nuclear Challenge: 70 Years After Hiroshima and Nagasaki (2)

19 Aug

[Prefatory Note: What follows is a poem by David Krieger on what happened 70 years ago during those few fateful days in August that forever altered the human condition followed by the joint introduction that we contributed to Geoffrey Darnton’s Nuclear War and International Law, which was just published, and is available for purchase at the usual online outlets and via book store

Poetry is for David a seamless mode of expression that merges his life’s dedication to human wellbeing with his inner reflective consciousness, and bears a special relevance to his central mission of achieving a world without nuclear weapons. In my understanding, David’s poem that follows and others he has written dealing with other aspects of nuclearism enables him to enter what Thomas Merton and James Douglass identify as the domain of the unspeakable, and indeed virtually unimaginable. Most of us need poetry, film, and art to make authentic contact in those private and public situations where prose language and even an enlivened imagination cannot adequately express the extremities of experience. I think of the French film of Alain Resnais, ‘Hiroshima, Mon Amour’ (1959) and Picasso’s ‘Guernica’ as world class examples, but there are many.

Another form of authentic contact with the unspeakable is by way of pilgrimage to hallowed sites of desecration, and David has made such visits frequently, which often feature contact with hibakusha, survivors of the atomic attacks. As with the Holocaust, public atrocities of this enormity, constitute an inexhaustible occasion for mourning and reflections on the dark mysteries of evil, but unlike the memories associated with the Auschwitz experience, Hiroshima and Nagasaki have permanently and negatively affected the biopolitical contingency of the human species and its earthly habitat.

There is one further preliminary observation. Private atrocities, the death or terminal illness of one’s child or any deeply loved one, also gives rise to inexhaustible cascades of grief that can never be adequately expressed through reasoned narrative and never truly overcome. Such acute private losses because of their negative purity indirectly validate the reality of the absolute in human experience, and for closely related reasons helps us appreciate the extraordinary gravitational pull of the divine and sacred.

The special challenge of Hiroshima and Nagasaki is not merely to mourn and remember. It is rather a summons to devote our energies to rid the world of this curse that imperils human destiny for these past 70 years and as far ahead as we can discern. Denuclearization as a process of diminishing in all ways possible the threat posed by this weaponry and treating ‘getting to zero’ as the non-negotiable goal. This process and this goal can become attainable objectives if a sufficient political will is mobilized and becomes attached to a collective ambition to renounce nuclear weapons as an absolute prerequisite of human dignity.]

 

front%2002

 

 

th-2

A SHORT HISTORY LESSON: 1945

 

 

August 6th:

Dropped atomic bomb

On civilians

At Hiroshima.

 

August 8th:

Agreed to hold

War crimes trials

For Nazis.

 

August 9th:

Dropped atomic bomb

On civilians

At Nagasaki.

 

 

David Krieger

***********************************************************

 

 

Foreword to New Edition of Decision of London Nuclear Warfare

Tribunal

 

Richard Falk & David Krieger

 

When the London Nuclear Warfare Tribunal was convened in 1985, the Cold War set the tone of international relations. Beyond this, Ronald Reagan was the most anti-Communist and belligerent American leader since the end of World War II. There was every reason to be worried that the risks of nuclear war had become unacceptable from the outlook of political prudence additional to their dubious moral and legal status. In this atmosphere the London Tribunal sought an authoritative assessment of the status of nuclear weapons and warfare under international law with the hope that this might move the political debate toward the embrace of nuclear disarmament.

 

Now 30 years later, the Cold War is over and Barack Obama, the current American leader declared in 2009 his resolve to work toward achieving a world without nuclear weapons. This message of hope and commitment was reinforced at the time by four prominent American political figures with strong realist credentials (Henry Kissinger, George Shultz, Sam Nunn, and William Perry) present the case for nuclear disarmament to avoid the further spread of nuclear weaponry. Yet as we reflect upon these issues in 2015 we note that there is not present among the nuclear weapons states the existence of a political will to place nuclear disarmament on the global policy agenda, much less evidence of a willingness by non-nuclear states to exert meaningful pressures.

 

Despite important shifts in conflict patterns, which make it more dangerous than ever that nuclear weapons will get into the hands of non-state political actors that would be inclined to disregard the horrifying consequences of use, there are no serious initiatives proposed by governments or through the United Nations to address this menacing challenge. What we find in 2015, instead of a sense of urgency, is a shared mood of complacency on the part of governments, international institutions, and international public opinion. Without the Cold War, and considering the absence of any use of such a weapon since 1945 at Nagasaki, there is a false sense of security, even as anxieties rise to fever pitch when contemplating the prospect of Iran armed with nuclear weapons. Indeed, the evident present priority of nuclear weapons states is to invest heavily in the modernization and further development of their existing arsenal of nuclear weapons, as well in the pseudo-stability of the nonproliferation regime.

 

And thus, even more so than in 1985, it would seem that it will be up to civil society activism to create the kind of climate of opinion that will force the hand of governmental actors. One step in this direction is to remind the people of the world that from the perspective of international law, nuclear weapons are unlawful, making their threat or use, crimes of utmost magnitude. In this regard, the material gathered in this volume is an invaluable resource for citizen activism on the basis of expecting governments in the 21st century to pursue security within the framework of the global rule of law. The clarity and authoritativeness of the conclusions of the London Tribunal are reinforced by the Advisory Opinion of the International Court of Justice rendered in 1996, and especially by the historic dissent of Judge Christopher Weeramantry that is also included in this volume.

 

In 1986 there were some 70,000 nuclear weapons in the world. Since then, the number has fallen to approximately 16,000. It is a dramatic quantitative drop, but remains far from the only safe number, which is zero. Over 90 percent of the weapons are in the arsenals of the US and Russia, and their negotiations for further reductions have stalled while they engage in military posturing, including nuclear posturing over the conflict in Ukraine. The US and Russia still maintain some 1,800 nuclear weapons between them on hair-trigger alert, ready to be fired within moments of an order to do so. Neither country has a commitment to No First Use of its nuclear arsenal, leaving open the threat of a preemptive attack, or other initiating use of the sort sometimes suggested as the best means to destroy Iran’s underground nuclear facilities.

 

The United States unilaterally withdrew from the Anti-Ballistic Missile Treaty in 2002 under Bush II, a treaty that was designed to limit the number of missile defense deployments in order to discourage defensive-offensive escalation cycles. This US withdrawal from the treaty coupled with the subsequent deployment of missile defense installations near the Russian borders has generated Russian anxiety about a possible US first strike, which increases tensions between the two countries and makes more nervous the fingers on the nuclear buttons.

 

In addition to the US and Russia, seven other countries possess nuclear weapons: the UK, France, China, Israel, India, Pakistan and North Korea. All of them have joined the US and Russia in modernizing their nuclear arsenals. Each of these arsenals is a source of nuclear danger, as are those of the US and Russia. Atmospheric scientists found through modelling studies that a relatively small nuclear exchange between India and Pakistan using 50 Hiroshima-size nuclear weapons each on the other side’s cities would put enough soot into the upper stratosphere to block warming sunlight from reaching the Earth, reduce temperatures on the planet to the lowest levels in 1,000 years, shorten growing seasons, cause crop failures and result in nuclear famine that could take two billion lives of the most vulnerable people on the planet. A larger exchange of nuclear weapons between the US and Russia could send the world tumbling into a new ice age, destroy civilization and annihilate the human species and most complex forms of life on the planet.

 

Article VI of the 1970 Nuclear Non-Proliferation Treaty obligates the parties to the NPT to negotiate in good faith on effective measures for a cessation of the nuclear arms race and an early date and for nuclear disarmament. These negotiations have never taken place, despite the unanimous legal support of the Article VI obligations in the 1996 ICJ Advisory Opinion: “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.”

 

In 2014, one of the smallest countries on the planet, the Republic of the Marshall Islands (RMI), took a bold action to enforce the Article VI obligations and the customary international law obligations that derive from them.   The RMI brought lawsuits against the nine nuclear-armed countries in the ICJ, seeking declaratory judgments that they are in breach of their nuclear disarmament obligations and injunctive relief ordering them to commence the required negotiations within one year.   Because only three of the nine nuclear-armed countries accept the compulsory jurisdiction of the ICJ, only the cases against the UK, Pakistan and India are currently going forward at the ICJ. The other six countries would have had to affirmatively accept the jurisdiction of the ICJ to have their cases go forward and none have chosen to do so.

 

The Marshall Islands also brought a separate lawsuit against the US in US federal court, due to the pivotal position of the US in terms of its leadership on nuclear issues. That case was dismissed by the lower court and is currently being appealed in the Ninth Circuit Court of Appeals. The cases are drawing interest throughout the world and currently over ninety civil society organizations, including the World Council of Churches, Greenpeace International and the Nobel Women’s Initiative, have joined a consortium headed by the Nuclear Age Peace Foundation in support of the RMI’s Nuclear Zero lawsuits (see www.nuclearzero.org).

 

The Marshall Islands acts with great moral authority, as their territory was used as a site of US nuclear testing in the early years of the Nuclear Age. The US conducted 67 nuclear tests in the RMI between 1946 and 1958, with the equivalent explosive power of having tested 1.6 nuclear Hiroshima bombs daily for 12 years. The Marshall Islanders suffered cancers, leukemia, stillbirths, birth defects and other radiation-induced illnesses. Some of their islands still remain uninhabitable, and they have never been adequately compensated for their pain, suffering, premature deaths and the loss of their lands.

 

In addition to the Nuclear Zero lawsuits by the Marshall Islands, one other positive initiative in relation to nuclear weapons is the series of inter-governmental conferences on the humanitarian impacts of nuclear weapons that have taken place in recent years in Oslo, Nayarit (Mexico), and Vienna. At the Vienna conference in December 2014, the Austrian government made an Austrian Pledge to work to close the legal gap to achieve the prohibition and elimination of nuclear weapons. Since then, over 100 other states have joined Austria in taking this pledge, now known as the Humanitarian Pledge. The hope is that one or more of these countries will convene a meeting of states to initiate a Nuclear Ban Treaty, similar to the Ottawa Conference that was convened to create a Landmine Ban Treaty. This can be done with or without the initial participation of the nuclear-armed countries.

 

This year (2015) marks the 70th anniversaries of the bombings of Hiroshima and Nagasaki. The survivors of those bombings, the hibakusha, have been outspoken in their calls to abolish nuclear weapons so that their past does not become someone else’s future. Every year, every day, that this advice is not heeded, increases the danger to the human future. This is a legal issue, as this book makes clear, but it is also a moral issue, a security issue and, ultimately, a spiritual issue. Humankind must step back from the nuclear abyss now, before it is too late.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Envisioning and Demanding a World Without Nuclear Weapons

26 Feb

Book Review

ZERO: THE CASE FOR NUCLEAR WEAPONS ABOLITION by David Krieger (published in 2013 by the Nuclear Age Peace Foundation); $14.95

 

 

            I have known David Krieger for the past twenty-five years, and he has never wavered, even for a day, from his lifelong journey dedicated to ridding the world of nuclear weapons and the threat of nuclear war. If I were given to categorization, I would label such an extraordinary engagement with a  cause as an instance of ‘benign fanaticism.’ Unfortunately, from the perspective of the human future, it is a condition rarely encountered, posing the puzzle as to why Krieger should be so intensely inclined, given his seemingly untraumatized background. He traces his own obsession back to his mother’s principled refusal to install a nuclear bomb shelter in the backyard of their Los Angeles home when he was 12 years old. He comments in the Preface to ZERO that even at the time he “hadn’t expected” her to take such a stand, which he experienced as “a powerful lesson in compassion,” being especially moved by her unwillingness “to buy into saving herself at the expense of humanity.” (xiv). Nine years later after Krieger graduated from college his mother was again an instrumental force, giving him as a graduation present a trip to Japan to witness first-hand “what two nuclear weapons had done to the cities of Hiroshima and Nagasaki.” (xiv) The rest is, as they say, ‘history.’ Or as Krieger puts it in characteristic understatement, “[t]hose visits changed my life.” (xiv)

 

            On a psychological level, I remain perplexed by two opposite observations: we still lack the key that unlocks the mystery of Krieger’s unwavering dedication and why so few others have been similarly touched over the years. What ZERO does better than any of Krieger’s earlier books on nuclear weapons, and indeed more comprehensively and lucidly than anyone else anywhere, is to provide the reader with the reasons for thinking, feeling, and acting with comparable passion until the goal of abolishing the totality of nuclear weaponry is finally reached. Krieger himself extensively explores and laments the absence of widespread anti-nuclear dedication and tries to explain it by calling attention to a series of factors: ignorance, complacency, deference to authority, sense of powerlessness, fear, economic advantage, conformity, marginalization, technological optimism, tyranny of experts. (90-92) The argument of the book, concisely developed in a series of short essays is reinforced by some canonical documents in the struggle over the decades to rid the world of nuclear weaponry, including Obama’s Prague Speech of 2009, the Einstein/Russell Manifesto of 1955, and Joseph Rotblat’s Nobel Prize Acceptance Speech of 1995.

 

            Krieger’s approach as an author is multi-layered, and includes analytic critiques of conventional strategic wisdom that finds a security role for nuclear weapons, a worked out conception of how a negotiated international treaty could safely by stages move the world toward the zero goal of abolition, poems that seek to recapture the various existential horrors of nuclear war, essays of appreciation for the courage, commitment, and insight of the hibakusha (Japanese survivors of the 1945 atomic attacks), and a concerted inquiry into what needs to happen to make nuclear disarmament a viable political project rather than nothing more than a fervent hope. For a short book of 166 pages this is a lot of ground to cover, but Krieger manages to do it with clarity, a calm demeanor, and an impressive understanding and knowledge of all aspects of this complex question of how best to deal with nuclear weapons given the realities of the early 21st century.

 

            Krieger is not afraid to take on critics, even those who tell him that his quest is ‘silly’ because the nuclear genie, a favorite metaphor of liberal apologists for the status quo, is out of the bottle, and cannot be put back. Krieger acknowledges that the knowledge is now in the public domain, and cannot be eliminated, but makes a measured and informed case for an assessment that the nuclear disarmament process poses far fewer risks than does retaining the weaponry, and that retaining the weaponry exposes humanity to what he believes to be the near certainty that nuclear weapons will be used in the future with likely apocalyptic results. For Krieger the stakes are ultimate: human survival and the rights of future generations. In other words, given his strongly held opinion that the weaponry will be used at some point in the future with disastrous results, there is for him no ethically, politically, and even biologically acceptable alternative to getting rid totally of nuclear weapons. Krieger argues both from a worldview that regards nuclear weapons as intrinsically wrong because of the kind of suffering and devastation that they cause and consequentially because of their threat to civilization and even species survival.

 

            Ever since I have known David Krieger he has been deeply influenced by Albert Einstein’s most forceful assertion: “The unleashed power of the atom has changed everything save our modes of thinking, and thus we drift toward unparalleled catastrophe.” Krieger even gifts his readers with an imagined dialogue between Einstein and the most celebrated interrogator of all time, Socrates. In their exchange, Socrates is convinced by Einstein that the necessary adjustments “won’t come from our leaders.”(85) Socrates gets the point in a manner that unsurprisingly resonates with Krieger: “Then the people must be awakened, and they must demand an end to war, and a world free of nuclear weapons.” (85) There is a certain ambiguity in this statement when placed in the larger context of Krieger’s thought and work: is it necessary to end war as a social institution in order to get rid of nuclear weapons? In one way, most of Krieger’s efforts seem to separate nuclear weapons from the wider context of war making, but from time to time, there is a fusion of these two agendas.

 

            Krieger realizes that changing our modes of thinking is a necessary step toward zero but it is not sufficient. He also believes that we can not achieve a world without nuclear weapons unless we act “collectively and globally” (97) to create a sustainable future. In the end, there is some ground for hope: “We have the potential to assert a constructive power for change that is greater than the destructive power of the weapons themselves.”  In effect, Krieger is telling us that what we can imagine we can achieve, but not without an unprecedented popular mobilization of peace minded people throughout the entire planet. Above all, Krieger wants to avoid a counsel of despair: “We must choose hope and find a way to fight for the dream of peace and the elimination of nuclear weapons. Achieving these goals is the great challenge of our time, on their success rests the realization of all other goals and for a more and decent world.” (105). Certainly Krieger has founded and brilliantly administered the Nuclear Age Peace Foundation over the course of more than 25 years maintaining faith of its growing band of followers with this uplifting vision. Such single mindedness is probably essential to motivate people of good will to support the endeavor, and to keep his own compass fixed over time, even in the face of many discouragements, on the destination he has identified as the one sanctuary capable of ensuring a desirable future for humanity. Although sharing all of Krieger’s assessments, values, and visions, I am both less hopeful and not as focused, being committed to other indispensable policy imperatives (addressing the global challenge of climate change) and to more proximate ends that involve current injustices (seeking realization of the inalienable rights of the Palestinian people; seeking a UN Emergency Peace Force to intervene to protect vulnerable people facing humanitarian or natural catastrophes), but I would not for a minute encourage Krieger to dilute his anti-nuclear posture. This country and the world needs his message and dedication, and at some point, there may emerge a conjuncture of forces that is unexpectedly receptive to the vision of a world without nuclear weapons and even entertains the prospect of ending the war system as the foundation of national and global security. I can only pray that it will not emerge in the aftermath of some intended or accidental use of nuclear weapons, which seems sadly to be the only alarm bell that is loud enough to have an awakening effect for the sleeping mass of humanity.

 

            From my vantage point such an anti-nuclear moment is not yet visible on the horizon of possibilities. After all, the Kissinger, Shultz, Nunn, and Perry call a few years ago for abolition, emanating from these high priests of political realism, despite being widely noticed at the time, had no lasting impact on the pro-nuclear consensus that guides the policymaking elites of the nine nuclear weapons states, and most of all the American establishment. And then Barack Obama’s 2009 call in Prague for a world without nuclear weapons, although qualified and conditional, was essentially abandoned even in the recent articulation of the president’s goals for his second term. Presumably, Obama’s advisory entourage pushed him to concentrate his energy on attainable goals such as immigration and tax reform, protecting entitlements, and retreating from the several fiscal cliffs, and not waste his limited political capital on the unattainable such as nuclear disarmament and a just peace between Israel and Palestine. Short-term political calculations within the Beltway almost always trump long-term visionary goals, “and so it goes,” as Kurt Vonnegut taught us to say in our helplessness in the face of the unyielding cruelty of human experience.

 

            In the end, after this adventure of response to the life and work of a dear friend, admired collaborator, and inspirational worker for peace and justice, I can only commend David Krieger’s ZERO to everyone with the slightest interest in what kind of future we are bestowing upon our children and grandchildren. The book can be obtained via the following two links: it is preferred that ZERO is ordered through the Nuclear Age Peace Foundation at its online Peace Store: http://www.wagingpeace.org/menu/store/#books

It can also be obtained by Amazon: http://www.amazon.com/Zero-Nuclear-Weapons-AbolitionVolume/dp/1478342846/ref=sr_1_2?ie=UTF8&qid=1361902143&sr=8-2&keywords=zero+krieger