[Prefatory Note: The following interview was previously published in September by the online Global Governance Forum. My responses to the questions posed by Aslı Bâli have been somewhat updated to take account of intervening developments. Aslı was my last PhD student at Princeton, has emerged as a star of the UCLA School of Law in recent years, and just now has joined the faculty of Yale Law School. Although her brilliance as a Princeton student both stimulated and challenged me, it as a cherished friend that Aslı has most impacted my life.]
Ukraine: War, Statecraft, and Geopolitical Conflict — a focus on the return of the nuclear question
Introduction: The risk of nuclear escalation in the context of Russia’s invasion of Ukraine has been a subject of considerable debate in the United States among scholars, policy analysts and media commentators. These debates reveal a broad spectrum of views from those who dismiss Russian references to nuclear capabilities as mere saber rattling to those who worry that if Russian President Vladimir Putin finds his back to the wall in Ukraine, he may resort to tactical nuclear strikes. Whatever the assessment of the risks in Ukraine, it is clear that questions of nuclear deterrence are back on the table after nearly a generation in which most American analysts viewed non-proliferation as the sole U.S. foreign policy objective regarding nuclear arsenals.
For those who have continued to press concerns about nuclear disarmament since the end of the Cold War, the return of the nuclear question may raise awareness among new audiences about the existential threat posed by existing nuclear arsenals. Richard Falk has for decades been an outspoken authority calling for denuclearization. In this interview, Aslı Bâli invites Richard to reflect on whether the Ukraine conflict risks becoming a military confrontation that tips the world into further nuclear escalation or whether there remains an opportunity to move the world away from the nuclear precipice.
Richard Falk is the Albert G. Milbank Professor of International Law and Practice Emeritus at Princeton University and Chair of Global Law at Queen Mary University London, Faculty of Law. He is the author or co-author of over twenty books, and editor or co-editor of numerous others. A collection of his selected writings on nuclear disarmament was published in an edited volume from Cambridge University Press titled On Nuclear Weapons: Denuclearization, Demilitarization and Disarmament (2019). Aslı Bâli is Professor of Law at UCLA School of Law and Founding Faculty Director of the Promise Institute for Human Rights. She interviewed Falk in May 2022.
Aslı Bâli: To begin our conversation, it would be useful to provide some context as to why nuclear disarmament was largely sidelined as an urgent international question in the post-Cold War period. How might we think about the last two decades in particular, during which the possibility of the development of an Iranian nuclear arsenal was deemed so much more threatening than the existence of extensive nuclear arsenals in the hands of other states?
Richard Falk: I think the last two decades since the Soviet collapse reflect a period in which the nuclear weapons states, particularly the US, have felt comfortable with the nuclear status quo. Their preference was to organize this arrangement—in which they maintain nuclear arsenals and other states forego that option—as a permanent regime anchored in the non-proliferation treaty (NPT) interpreted in such a way as to drop the disarmament requirements of that treaty. Article VI of the NPT contains the good faith nuclear disarmament obligation, which was supposedly the bargain offered to induce non-nuclear states to become parties to the treaty. The attempt by nuclear weapons states to drop this element from the treaty arrangement creates an interesting international law situation: There’s a breach of an essential provision of the NPT, yet this treaty regime is regarded by the US and NATO countries as a great achievement of international law in relation to nuclear threat reduction. The existential scope of the NPT is reduced to a hegemonic arrangement that imposes limits on the proliferation of nuclear weapons, while keeping the development and control of the weapons restricted to a small group of nuclear weapons states. This includes the discretion to develop and threaten their use, as well as determining how and whether they would be used, and to what extent, in crisis or combat situations. This is a regulatory framework that neither reflects the NPT as a negotiated text, nor is prudent and equitable, and it certainly violates the major premise of the rule of law—treating equals equally.
I participated in a Council on Foreign Relations webinar event a year or so ago about the future of national security, and one of the participants introduced the idea that Article VI of the NPT is best understood as ‘a useful fiction.’ That is, Article VI was included in the treaty as a way of satisfying non-nuclear countries that they were being offered an equitable bargaining framework by becoming parties to the NPT. Whereas in fact there was a tacit understanding from the beginning that disarmament, despite the treaty language of commitment, was not viewed by political elites of the nuclear weapons states as a realistic, or even a desirable goal, to be pursued by the nuclear weapons states, and most especially it was so viewed by the United States.
In considering the broader context that has, as you put it, sidelined the issues of nuclear disarmament, the other thing to be emphasized is that there had crept in a kind of complacency about this weaponry. There are thousands of nuclear weapons, preponderately in the US and Russia, and very little public understanding of existing constraints on their threat or use or under what circumstances these arsenals might be introduced into diplomacy or even combat situations. The U.S. in particular, and some other countries like Israel, have been developing combat roles for certain types nuclear weapons—styled as tactical nuclear arms or so-called “mini-nukes”—that strongly implied that such weapons might actually be introduced into local or regional conflicts. Given the array of bilateral conflicts that have the risk of nuclear escalation including in Ukraine, if confrontation escalates in relation to Taiwan, on the Korean peninsula, in India/Pakistan, perhaps if Israel’s security is under pressure in the Middle East. Despite these possibilities being widely feared, there has been so far no concerted or consistent international response exhibiting opposition or even anxiety.
The risks of the overall situation are well-reflected for those who follow the nuclear issue by the fact that the Doomsday clock—maintained by the Bulletin of Atomic Scientists and often relied upon as a reliable assessment of nuclear danger at a given time—has moved ever closer in this period to midnight. Prior to the Ukraine crisis I think it was already only one hundred seconds away from midnight. In the words of the editors, “the Clock remains the closest it has ever been to civilization-ending apocalypse.” The UN Secretary General has recently warned that the world is but ‘one miscalculation’ away from nuclear catastrophe.
There is another worrisome aspect of the manner in which the three NATO nuclear weapons states have assumed the authority to enforce the NPT regime as it applies to non-nuclear states. There is nothing about enforcement in the treaty, and Article X grants non-nuclear states a right of withdrawal if facing severe security threats. And yet the U.S. and Israel have made unlawful claims to use force if they believe Iran intends or achieves a nuclear weapons capability. This is hegemonic geopolitics, which not be confused with the implementation of international law.
The complacency toward this weaponry and the satisfaction with the NPT regime that has allowed powerful states to retain a hierarchical and hegemonic relationship to non-nuclear states are important dimensions of this doomsday risk. Thus, the situation prior to Ukraine, Taiwan, and Iran require urgent action to avoid existential dangers, but global complacency and the diversionary priority given to containing proliferation threats posed by non-nuclear states rather than addressing the risks of existing arsenals has kept the nuclear agenda from any serious engagement with disarmament and war threats for many decades. This must stop or disaster is virtually assured.
Aslı Bâli: Your response raises one further question: why, in your view, have the non-nuclear states acquiesced in the violation of the core bargained-for agreement they had negotiated in the NPT?
Richard Falk: I think the non-nuclear weapons states, too, have adapted to this complacent atmosphere when it comes to nuclear weapons, although this may be changing, and not primarily because of Ukraine. It may reflect a sense of a lack of leverage over global nuclear policy in a post-Cold War context. During the Cold War, there had been some willingness on the part of the Soviet Union and then China to engage in a disarmament process on negotiating arsenal reductions, and this seemed realistic to the rest of the world. But in the post-Cold War period, the U.S. shifted away from even the pretense of disarmament priorities and there has been an absence of powerful states pushing back against this trajectory. That said, I do think there is now emerging a critical outlook on the part of the Global South that may alter course back in manner more supportive of the views of disarmament advocates. This ‘new look’ of the Global South has been most clearly expressed in the negotiation and adoption a new treaty, the Treaty on the Prohibition of Nuclear Weapons (TPNW), signed in 2017 and coming into force with over sixty ratifications in 2021. The treaty itself was originally supported by as many as 120 countries, though it has only garnered signatures from about two-thirds of that number and been ratified so far by half.
Another indication of renewed Global South resistance to overlooking the nuclear weapons states disarmament obligations is evident in the twice delayed review conference called for by the NPT. Such a review conference is supposed to take place every five years and the pivotal Tenth Review Conference was scheduled for 2020. Originally postponed due to the COVID-19 pandemic, it was supposed to be rescheduled for 2021 and was postponed again to 2022 and finally took place in August 2022. But in addition to pandemic-related reasons, it is understood that the deferrals have been prompted by the concern among nuclear weapons states that there may encounter friction with the Global South over disarmament. Although the failure to produce a consensus outcome document was blamed on Russia, there were also present signs of resentment about the continuing refusal of the nuclear weapons states to implement their Article VI obligations.
In short, even prior to Ukraine and Taiwan there was reason to think that there is a new international mood at the intergovernmental level concerning the threat posed by existing nuclear arsenals. I think the Ukraine and Taiwan encounters have now added momentum to this shift by a reawakening at the civil society level of palpable apprehensions over the threat or use of nuclear weapons, and in Ukraine the additional risk that nuclear power facilities will be accidentally, or even deliberately, attacked. I believe this is a time when I am hoping for a revival of pressure from below to put nuclear disarmament back on the global policy agenda, and this time with greatly increased participation of non-Western civil society and governments.
Aslı Bâli: Some have characterized the Ukraine conflict as illustrating the degree to which global powers might stumble blindly into a nuclear confrontation. Is it your sense that there are opportunities to contain this risk today whether through intergovernmental diplomacy or global civil society mobilization?
Richard Falk: Well, I think at the civil society level there is a definite concern though it is not too well-focused at this point. There is sort of a free-floating anxiety about the possibility that nuclear weapons use might occur on the European continent and this may have a galvanizing effect that leads to forms of domestic pressure in some European states to take action to offset such a risk. I also think that some high officials in the Biden inner circle have changed their views of the Ukraine conflict as the potential nuclear dimensions of the conflict have come into clearer focus. At an earlier stage of the Ukraine war, it seemed as if the Biden administration didn’t consider very seriously the nuclear risk, though they were always present fortunately to some degree wider war dangers of escalation. This sensitivity was evident, for example, in Biden’s early resistance to calls, especially from Congress and right-wing think tanks, to establish a no-fly zone in Ukraine, and in his original hesitancy to supply offensive weaponry to the Ukrainians. Similarly, the early posture of not interfering with Ukrainian President Volodomir Zelensky’s efforts at seeking some sort of negotiated compromise further confirmed that the Biden administration was wary of escalation, and willing to allow Ukraine to control its own future. But in a second phase of the conflict, when the Ukrainian resistance turned out to be more successful than anticipated, and strategic defeat or weakening of Russia seemed possible and strategically attractive, the Biden administration’s priorities visibly shifted and they manifestly treated the Ukraine war as an opportunity to teach Russia a lesson and at the same time, and perhaps of greater significance, to signal China that if they tried anything similar with Taiwan, they would face an even worse outcome. This latter point was provocatively underscored by Biden during his recent trip to Asia that featured a strong public statement committing the US to the defense of Taiwan, followed by an irresponsibly provocative visit to Taiwan by Nancy Pelosi that violated the spirit of the One China Policy that represented the core of the 1972 Shanghai Communique, which has kept peace and stability for 50 years.
With respect to the Ukraine conflict, I have drawn a distinction between two levels. First, there is the Russia-Ukraine confrontation over issues that pertain to their bilateral conflict. But secondly, there is the geopolitical level of interaction between the US and Russia, which entails a confrontation whose stakes exceed the question of Ukraine. Here, escalation was stimulated by what I view as the quite irresponsible rhetoric from the Biden administration that demonized Putin from the outset of the crisis in February 2022. To be sure, Putin is not an attractive political leader, but even during the Cold War American leaders sensibly refrained from demonizing Stalin or other Soviet leaders, and vice versa. Some public officials, congresspeople, did demonize Soviet officials and policies but leaders in the executive branch refrained from such behavior because it would create such an evident obstacle to keeping open necessary diplomatic channels between the US and the Soviets, and significantly the Soviets did the same even during such encroachments on sovereign rights as in the Vietnam War.
Regrettably, in the second phase of the current conflict in Ukraine, the U.S. became a source of escalation. American influence was directed also at more or less discouraging President Zelensky from further seeking a negotiated ending of the war on the ground. Instead, the U.S. position seemed to harden around pursuit of strategic victory. This was made explicit by Secretary of State Antony Blinken and Defense Secretary Lloyd Austin who commented on the opportunity to weaken Russia after a visit to Ukraine in which they pledged increased economic and military support. I think that now we have passed a third phase of the Ukraine conflict where there was some recognition in Washington and elsewhere that the Biden administration went too far in an escalatory direction from the perspective of prudence and with regard to the spillover harm from prolonged warfare. Now in a fourth phase where once more a Ukrainian victory together with a Russian/Putin defeat has changed Washington tactics once more, with such favorable results seemingly within reach at what are viewed as acceptable costs. The tragic result, already partly consummated, will be a prolonged war in Ukraine, with terrible adverse consequences for the world economy and the wellbeing of poorer people in a series of countries in the Global South. It will hardest those countries most dependent on affordable access to food and energy, and this includes European countries. It is not only the continuation of Ukraine warfare and China tensions, but the unintended consequences of anti-Russian sanctions that will result in harmful impacts in many parts of the planet.
Aslı Bâli: Given your analysis of the U.S. role in escalating the conflict in Ukraine, what in your view is the current risk of either nuclear confrontation or further erosions of the possibility of promoting U.S.-Russian arms control and nuclear disarmament?
Richard Falk: The discouraging thing about the third phase is that the Biden administration still hasn’t clearly opened wide the door to a diplomatic resolution or emphasized the importance of a cease fire that might stop the immediate killing and enable de-escalation, and now in the midst of the fourth stage it seems too late. What this suggests is that there will be either of two bad scenarios unfolding as the Ukraine Crisis continues: the first is that the risk and costs of a long war in Ukraine results in the U.S. further escalating in order to try to bring the war to a faster conclusion by making Moscow give in, or withdraw, or do something that allows Ukraine and the U.S. to claim victory. That approach really would put maximum pressure on Putin who, in turn, might determine that facing such a serious existential danger to Russian security justifies a robust response that includes the threat and possibly even the use of tactical nuclear weapons as a way, and maybe the only way, to avoid impression of strategic defeat to be the beginning of the end of his leadership.
The second scenario is that the U.S. might be prepared to live with a prolonged war and hope that it at some point Moscow will tire of the experience, the way the Soviets did in Afghanistan and that the US did in Vietnam. But recent experience suggests just how destructive this course would be for Ukraine and the world. It took the U.S. twenty years to extricate itself from Afghanistan, leaving that country as receptive to the Taliban as was twenty years earlier before driven from power, millions permanently displaced and millions more wandering the world as refugees, while those who stay home face famine and extreme gender discrimination, and untold hundreds of thousands of Afghanis have been maimed or worse. Equally depressing, as others have pointed out, the likely outcome from the Ukrainian point of view will not change very much because of what happens on the bloody battlefields, whether the war is ended next week or ten years from now except that a longer war will result in more casualties, greater devastation, and enduring embitterment.
Aslı Bâli: Could you say more about what you would expect at the end of the Ukraine conflict whether it happens through early negotiations or at the end of a protracted war?
Richard Falk: Well, I expect that the most likely scenario for an end to the conflict will entail some concessions by Ukraine in relation to the Donbas region of Eastern Ukraine, together with a pledge of neutrality for the country as a whole, and non-membership in NATO. In exchange for such concessions, Russia would likely be expected to pledge in turn that it would heretofore respect the sovereign rights and political independence of the Ukraine. In all likelihood the question of Crimea will not be addressed in the course of ending the current conflict. The contours of such a negotiated end to the conflict had already emerged in talks between the Russian and Ukrainian sides in March of 2022 and there is little reason to think these parameters will change substantially, although if the Ukrainian battlefield successes in the fourth phase hold up, it may alter a future peace process. Yet the probability still remains that such a compromised political outcome could have been achieved earlier, certainly in the first phase of the conflict if not prior to the Russian attack, before early Ukrainian victories led to the second, and then, a fourth geopolitical phase of escalation. It has become clearer as the conflict has persisted that the U.S. is prepared to go to extreme lengths, if necessary to retain its post-Cold War status as sole manager of a unipolar configuration of power in the world.
Asli Bali: Given this assessment, what opportunities, if any, do you see for reviving calls for nuclear disarmament in response to the nuclear risks made evident by the Ukraine conflict?
Richard Falk: Of course, there is a very dark form of opportunity that might emerge if there is indeed a nuclear confrontation and the use of tactical or other nuclear weapons. Such a development would undoubtedly generate a widespread call for disarmament—one hopes that doesn’t occur, of course. Beyond this apocalyptic scenario, it is a little unpredictable whether there will emerge a recognition that the pursuit of permanent stability via the non-proliferation approach should be superseded by a new effort at nuclear disarmament. I think it would be very globally popular to explore that possibility, and I would imagine the Chinese at least would be quite open to that.
In the background of such speculation is the question of whether the US is prepared to live in a multipolar world. Certainly, the post-Cold War period afforded the U.S. the opportunity to nurture illusions that the collapse of the Soviet Union might usher in a durable era in which it was the only global geopolitical actor. In a sense this is what Secretary Blinken presumably meant when he says in speeches that the idea of spheres of influence should have been discarded after World War II.[1] The thought is that after WWII, or at the very least following the Cold War, the U.S. prefers to preside over a system in which its own influence is confined by no sphere and extends in a truly global fashion. Of course, had the US adopted this posture in the immediate aftermath of WWII, as Secretary Blinken suggests, it would have amounted to a declaration of a third world war. This is because ruling out spheres of influence would have mean blocking Soviet intervention in Eastern Europe, whether in Hungary in 1956 or Czechoslovakia in 1968. Moreover, what Blinken is suggesting today is not a world without spheres of influence but rather an adaptation of a Monroe Doctrine for the world in which the US regards the global order as its singular sphere of influence. And, of course, the Monroe Doctrine in its narrower hemispheric form is also alive and well as the US continues to assert its prerogative to dictate policies and interfere with internal politics in countries throughout Latin America from Cuba to Venezuela to Nicaragua and beyond. We can hardly imagine the bellicosity of the U.S. response if Russia had dared meddle in Mexico for a decade in the manner that Washington did in Ukraine.
Against this backdrop, it is worth noting that the ongoing US effort at global supremacy does put it at a massive asymmetric advantage over all other actors in exerting influence without geographic bounds. With some 800 foreign bases—and a context in which 97% of all foreign bases globally are American—and troops stationed in every continent the US has spread its influence globally, on land, in the air, on the sea, and is investing heavily to be sure it will control space. Meanwhile, of course, alongside this enormous investment in militarism is profound disinvestment in the infrastructure and social services needed to sustain its own population domestically. In short, the US effort to prevent a multipolar order from challenging its own claim to global supremacy is coming at an enormous cost at home and is currently faltering abroad. The risk is that this strategy is increasingly tied to an investment in ensuring strategic weakness for the Russians in Ukraine, which, in turn, raises temptations to engage in nuclear brinksmanship.
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Aslı Bâli: There is something distressing about the way in which the Ukraine conflict has reset the domestic debate, which at the end of the Trump years and in the 2020 presidential election had begun to converge around the idea of restraining American militarism and ending endless wars. Today, bipartisan consensus around an enhanced defense budget and massive military aid to Ukraine may be eclipsing those earlier commitments. Do you consider the Ukraine conflict as providing a new lease on life for the project of American primacy?
Richard Falk: I’m afraid that might be right. Biden was so committed to unifying the country as part of his presidential campaign—the image of projecting himself as someone who is able to “cross the aisle” and generate bipartisan consensus, profoundly believing that a unified America remains a country capable of doing unlimited good at home and internationally. In fact, however, this unity project failed miserably with the Republican side converging around Trump’s constituencies. The Ukraine war has somewhat reshuffled the deck and Biden seems keen to embrace this opportunity to forge bipartisan consensus around war, but with a belated recognition that currently seeking unity at home is not only a lost cause but exhibits his lost sense of the realities of the country. His popularity level remains surprisingly low, but the surge of Cold War bipartisanship in relation to appropriating billions of dollars for Ukraine is undeniable. From a global perspective, however, this great show of empathy for Ukrainian suffering and civilian damage and refugees, and so on, sets a stark contrast to the ways in which the US and the West responded to other humanitarian crises. Thus one price of this partial unity at home may be an increasingly divided world in which US standing declines further. The specific comparisons between the Western response to Ukraine and their indifference and callous disregard for the plight of Palestinians, the consequences of the Iraq War, and the displacement generated by the Syrian conflict is difficult to explain without taking into account an element of racism. This reality has hardly escaped the attention of governments and communities in the Global South.
Aslı Bâli: Returning to the nuclear question, you have suggested that the Ukraine war has awakened a new generation to the real risks of the nuclear arsenals retained by global powers. Do you believe that this awareness alongside concerns about the double standards attached to American hegemony might mobilize new global social movements calling for disarmament and a more equitable international order?
Richard Falk: I certainly hope that might be the case. I think it would be premature to expect the Ukraine conflict alone to rekindle a vibrant anti-nuclear movement at this point. But there may be further developments that do have such a galvanizing effect, something that unfortunately cannot be discounted as the Russians engage in nuclear drills to remind Western states of the risks of escalation in Ukraine. There are also other nuclear dangers that are looming in the world. I think the Israel-Iran relationship is very unstable and may produce some renewed awareness of nuclear risk; the same is also true of the conflicts in India-Pakistan, the Korean peninsula, and above all the looming conflict involving Taiwan. In the latter instance Pentagon war games have achieved results showing that unless the U.S. is prepared itself to abandon the nuclear taboo it loses in the event of a naval confrontation in the Taiwan Straights. So new generations may come to understand that the idea of achieving stability with nuclear weapons is a dangerous and unstable illusion. This brings me back to the cynical idea that I encountered at the Council on Foreign Relations about disarmament being a useful fiction to appease publics in the Global South. At the time, and there was no pushback against such an assertion at the meeting. The response of the audience was to simply acknowledge that this is how realist elites talks about national security. It is this kind of acquiescence and complacency that poses the greatest obstacle to global social organizing around disarmament and, thus, the greatest risk that we may stumble into crises where one side is prepared to risk nuclear war to avoid a strategic defeat. I hope that the threats that are now manifest in Ukraine, Taiwan, Iran, and beyond might spark new forms of awareness among the now more mobilized younger generations leading social movements for environmental and racial justice. Nuclear arsenals pose an existential threat to our planet alongside the reckless climate policies, massive wealth disparities, and the virulent structural racism that plague the global order. There is much work to do if we are to address all of these challenges, and there might be no better place to launch a new phase of transformative global politics by championing nuclear abolition.
Global Justice in the 21st Century 
Rethinking Nuclearism
6 Oct[Prefatory Note: This post is the writeup of a presentation in Lund, Sweden at a peace gathering organized and moderated by Stefan Andersson on Oct. 3, 2018.]
Rethinking Nuclearism: Thirty Years Later
More than thirty years ago I applied the term ‘nuclearism’ to the association between the hardware dimensions of the weaponry and their various software dimensions ranging from strategic doctrine to the infatuations of powerful men with their awesome destructive capabilities. This weaponry gave humanity limitless power, not only potentially destructive of a civilization or many civilizations, but threatening the future viability of human and non-human species alike. Such a capacity to wreak destruction had previously belonged in the province of apocalyptic myth and religious foreboding. So when actualized by the bomb dropped on Hiroshima, the results of breathtaking technological breakthroughs., the effects recast the very essence of human condition. Myth and religion lost much of their historical agency, with final agency over human destiny seemingly transferred from God (or the gods) to ordinary human beings.
Yet those atomic explosions also challenged the rationality of the modern world, which supposedly replaced superstition and faith as the foundation for action and security in the world. Why retain a weaponry with such irrational properties now, which would only get worse in the future? The early reaction to nuclear weapons was accompanied by this rational imperative, which at first was widely endorsed by many political leaders, as well as the public. The vision of a world without nuclear weapons was at first not a dream of global idealists but viewed as a rational necessity if the modern world was going to survive and flourish. Before long this mood of foreboding was overcome by realists who managed to build a rational edifice encompassing enough to house nuclear weaponry, initially against the geopolitical background of the emerging Cold War. This grand exercise in establishing the rationality of irrationality was given the name ‘deterrence,’ and despite many changes in the global setting has persisted in a variety of formulations until today.
At the same time, there needed to be ways to reduce the dangers of geopolitical challenges, expensive and risky extensions of nuclearism, and above all, a way found to curtail the spread of such equalizing power to other states. In effect, it was recognized early on that nuclearism, to be sustainable, needed to be managed.To achieve this goal required a Faustian Bargain was needed to induce the great majority of non-nuclear states to forego a nuclear option in a manner that did not compromise their rights as sovereign states. The silver bullet of constructing a management system was nonproliferation, formalized in the Nonproliferation Treaty (NPT) that entered into force in 1968. The inducements for the non-nuclear states seemed substantial: unrestricted access to the benefits of what were called ‘peaceful uses’ of nuclear technology (Article IV) and a right to withdraw from the treaty on three months notice if ‘supreme interests’ reflecting the occurrence of ‘extraordinary events’ so dictated (Article X). The biggest inducement of all was a pledge by the nuclear weapons states, as a matter of urgency and good faith, to agree to pursue nuclear disarmament, and beyond this, general and complete disarmament (Article VI). It should be noted that the NPT fully respected the sovereign rights of non-nuclear states to pursue their security as a matter of national policy, including even the right to withdraw from the treaty, and provided no enforcement mechanisms for verifying non-compliance or providing enforcement in the event of serious violations by either taking steps to acquire the weaponry or through a refusal to negotiate disarmament in good faith.
What has happened since in the 50 years since the NPT was negotiated is both startling and almost totally overlooked even by the most severe critics of nuclearism. The NPT framework has been unilaterally supplemented by a geopolitical regimeof Western powers, headed by the United States. This regime undertakes to enforce the NPT against actual and potential violators, that is, exceeding the obligations accepted by the parties to the NPT. As the attack on Iraq in 2003, the coercive diplomacy directed at North Korea, and especially Iran, has shown, this geopolitical regime takes precedence over international law restraints on the use of force in international disputes, and overrides claims of sovereign rights. At the same time, the nuclear weapons states, without renouncing Article VI, have completely failed to fulfill their commitment to seek nuclear disarmament, a failure that the International Court of Justice identified in its 1996 Advisory Opinion. There is no clearer or more significant demonstration of the primacy of geopolitics in the current enactment of state-centric world order. This impression is reinforced by the refusal of the United States to allow parties to the NPT to exercise their legal right of withdrawal in accord with Article X of the treaty. Compliance with the NPT should be demanded and the geopolitical regime of selective enforcement should be abandoned.
These extremely serious unilateral modifications of the NPT bargain has met with relatively little formal opposition from the affected non-nuclear states and the peoples of the world. The nuclear weapons states have been successful in diverting attention from these modifications by introducing arms controlas a complement to deterrence,even presenting arms control arrangements as steps toward disarmament. Actually, the opposite is true. Arms control is dedicated to cutting risks and costs associated with nuclearism. Its core claim is ‘to make the world safe with nuclear weapons’ rather than the transformativeidea of ‘a world without nuclear weapons.’ These steps involve various international agreements designed to avoid unintended or accidental uses of nuclear weapons. Their dominant goal is to stabilize the managerial approach while treating transformative or abolitionist demands that the weapons be eliminated in a reliably supervised manner as utopian and imprudent.
The confusion that arises from the failure to distinguish these two approaches has helped explain the neutralization of anti-nuclear forces over the decades, despite their enjoyment of overwhelming popular support. The anti-nuclear movement has been unable to mount and sustain a focused campaign against nuclearism. My view is that until this antagonism between management of nuclearism is understood and overcome, there will be no meaningful denuclearization of world politics. Until the managerial approach is directed challenged and repudiated, anti-nuclear forces will be frustrated, forever beating their heads against an iron wall of resistance by the politics of nuclearism. In other words, to move toward a world without nuclear weapons requires an initial conceptual clarity that has so far been lacking. It may, of course, continue to be prudent for intrinsic reasons to adopt certain arms control measures, but to do so now with eyes wide open, which means recognizing that such a step is likely to be a step awayfrom adopting a transformative approach to nuclearism.
What is wrong with this reliance on the managerial approach to regulating nuclearism based on the NPT, the NPT geopolitical regime, and arms control, especially given the apparent political unattainability of nuclear disarmament? I believe a series of strong critical assessments make the managerial approach ethical unacceptable and politically flawed:
–by adopting a geopolitical solution to nuclearism the reliance is placed on hierarchyor nuclear apartheid rather than on equalityamong states and norms that treat equals equally;
–by relying on deterrence, premised on assumptions of strategic infallibility and unconditional rationality the weight of human experience is ignored, which in contrast exhibits pervasive fallibility and sporadic irrationality;
–by prohibiting some states (e.g. Iran) while permitting other states (e.g. Israel) to acquire nuclear weapons the geopolitical regime also suffers from unprincipled discrimination;
–by claiming rights to enforce the NPT, the geopolitical regime violates the UN Charter, authorizes aggression, and specific Charter norms prohibiting non-defensive threats and uses of international force;
–by rejecting a reactive approach to violations of the NPT, the geopolitical enforcers adopt a preemptive war/preventive war rationale that is inconsistent with contemporary international law;
–by threatening massive retaliation and avoiding no first use commitments, nuclear weapons states violate prohibitions against disproportionate, indiscriminate, and inhumane uses of force as embodied in customary international law and international humanitarian law (Geneva Conventions of 1949 and Protocols of 1977);
–by relying on a managerial approach to nuclearism the NPT/AC approach as enhanced by the geopolitical regime evades the bioethical challenges associated with civilizational and survival threats directed at the human species as a whole;
–by overriding the explicit obligations of an international treaty through the imposition of a geopolitical regime, the approach taken diminishes respect for international agreements, political compromise, and the role of international norms of morality and law.
Concluding Concern. If transformational approach is unattainable and the managerial approach deeply flawed, what does that suggest about the current phase of the struggle of the peoples of the world and their governmental allies against nuclearism? It implies, first of all, clarity of analysis so that false hopes are not raised. Secondly, by exposing the serious flaws of the managerial approach there are many reasons to explore and revive support for a transformational approach. Thirdly, in responding to specific initiatives, their relationship to stabilizing the management of nuclearism should be taken into account. Fourthly, a group of BAN states should consider submitting a complaint to the International Court of Justice alleging violations of Articles VI and X of the NPT, as well as organizing in the General Assembly a request for an Advisory Opinion on whether the management of nuclearism is consistent with international law.
As has been the case ever since 1945 ‘living with nuclear weapons’ has been problematic, although the political context has varied over time. The most effective tactics at the present time is to promote an educational understanding of why transformation is necessary and desirable, while management is unacceptable. Additionally, it is vital to mount sustained pressure by the governments of non-nuclear states and international civil society on nuclear weapons states to comply with all the material provisions of the NPT and abandon the geopolitical option of unlawful enforcement that is selective and discriminatory, besides being unlawful, dangerous, and a major cause of international tensions and warfare.
Tags: arms control, geopolitics, Hiroshima, Managerial Approach, Nuclear disarmament, nuclear geopolitics, nuclearism, Transformational Approach