Comprehensive Prohibition of Nuclear Weapons: An Emerging International Norm?

ABSTRACT

There have been calls for the abolition of nuclear weapons from the day they were invented. Over the last fifteen years, some indications can be found that such calls have been getting louder, among them Barack Obama's famous 2009 speech in Prague. In this article, we investigate if support for a comprehensive norm that would prohibit development, possession, and use of nuclear weapons is really growing. To assess the current status of that norm, we use the model of a “norm life cycle,” developed by Martha Finnemore and Kathryn Sikkink. We then analyze 6,545 diplomatic statements from the review process of the Treaty on the Non-Proliferation of Nuclear Weapons as well as from the UN General Assembly First Committee on Disarmament and International Security, covering the years 2000 to 2013. The evidence shows that a comprehensive prohibition can be considered an emerging international norm that finds growing support among states without nuclear weapons and nuclear weapon states alike. Only a core group of states invoke the norm consistently, however. This leads us to conclude that the “tipping point” of the life cycle, at which adherence to a new norm starts to spread rapidly, has yet to be reached.     

Contents and Author Index,Volume 19, 2012

The U.S. Congress, charged with overseeing U.S. nuclear weapons policy and programs, usually addresses such policies and programs through the annual authorization and appropriations process, focusing mostly on questions of how many and what types of weapons the United States should deploy, with little attention paid to questions about nuclear weapons strategy, doctrine, and policy. The oversight process has brought about some significant changes in the plans for U.S. nuclear weapons, including the elimination of funding for the Robust Nuclear Earth Penetrator study and the shift of that funding into a study of the Reliable Replacement Warhead. But with the focus on authorizations and appropriations, along with the divided jurisdiction over nuclear weapons policy and programs in congressional committees, Congress has not, either recently or during the Cold War and post–Cold War eras, conducted a more comprehensive review of U.S. nuclear weapons strategy, policy, or force structure. Changes in committee jurisdictions could affect the oversight process, but as long as nuclear weapons policy and programs remain a relatively low priority for most members of Congress, and the country at large, it is unlikely that Congress will pursue such a comprehensive debate.     

Argentina and the Bomb

Atomic Obsession: Nuclear Alarmism from Hiroshima to Al Qaeda, by John Mueller. Oxford University Press, 2009. 336 pages, $27.95.

Les armes nucléaires: Mythes et réalités [Nuclear Weapons: Myths and Realities], by Georges Le Guelte. Actes Sud, 2009. 390 pages, [euro]25.     

PART II: CONTINUING TO QUESTION THE RELIABILITY OF NUCLEAR DETERRENCE

Responding to Derrin Culp's critique, the author argues that distinguished nuclear theorists may be wrong because groups of experts have been wrong in the past, that city attacks are central to nuclear deterrence theory because killing civilians en masse is what nuclear weapons do best, and that understanding how effective city attacks would be in war is crucial to understanding how well they would work as threats. Moreover, while it is undeniable that nuclear deterrence works some of the time, this simply is not good enough. Because any failure of nuclear deterrence could end in catastrophic nuclear war, nuclear deterrence must be perfect or almost perfect. This is a very difficult standard to reach.     

PART III: CHALLENGING THE UNCONVENTIONAL WISDOM ON DETERRENCE

In reply to Ward Wilson's response, the author notes that Wilson's current position about the effectiveness of nuclear deterrence is relatively agnostic compared to his original essay and that he now uses a much finer brush to define his qualms about nuclear deterrence. The perfectibility, rather than the existence of nuclear deterrence, is the paramount issue. The author also contends that in remaining fixated on civilian deaths and using Hiroshima and Nagasaki as his litmus test, Wilson fails to adequately consider whether there are other potential nuclear harms—fundamentally different in scale, scope, and moral and existential ramifications—that potentially can terrify societies enough to make nuclear deterrence a perfect or nearly perfect mode of security.     

ZERO NUCLEAR WEAPONS

The current nuclear nonproliferation order is no longer sustainable. The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) has weakened considerably over the years, with nuclear have-nots displaying increased dissatisfaction with the status quo. Meanwhile, demands for civilian nuclear technology have led to increased proliferation risks in the form of dual-use technologies. Arms control as we currently understand it—piecemeal treaties and agreements—is no longer sufficient to address the growing threat of proliferation and the frailty of the NPT. This article calls for a bolder nonproliferation agenda pursuing multilateral nuclear disarmament. Disarmament is, in fact, technologically achievable; a lack of political will stands as the only remaining roadblock to a world free of nuclear weapons. A better understanding of the technological feasibility of disarmament, as well as recognition of the diminishing strategic value of nuclear weapons, will help to erode this political reluctance.     

INTERNATIONAL REGIME OF FRESH FUEL SUPPLY AND SPENT FUEL DISPOSAL

Recent events in Iran and elsewhere demand a reevaluation of the need for increasing nuclear fuel supplies and assuring reliable flow of fuel to nuclear power user states vis-à-vis the need for strengthened security for all countries against the use of weapons of mass destruction (WMD). The right of countries to a guaranteed supply of nuclear energy for peaceful uses must be balanced with the global community's desire to limit flows of nuclear material and sensitive nuclear facilities that could create opportunities for nuclear proliferation. This article proposes elements of an international regime of fresh fuel supply and spent fuel disposal that will guarantee fresh fuel supplies to countries honoring their obligations under the Treaty for the Non-Proliferation of Nuclear Weapons (NPT), while reducing concerns about diversion of spent fuel for weapons purposes. A specific application to countries with small pre-commercial uranium enrichment plants is also proposed.     

STRATEGY FOR A NEW NUCLEAR AGE

Current U.S. nuclear weapons strategy, force structure, and doctrine contribute to the threat of nuclear terrorism in several ways. First, the U.S. nuclear stockpile presents opportunities for nuclear terrorists to seize the materials they need. Second, U.S. nuclear forces remain a key justification for Russia's maintenance of similar nuclear forces that are less well protected. Third, America's continued embrace of nuclear weapons encourages and legitimizes other states to seek nuclear weapons that they will have difficulty securing from terrorists. The national security interests of the United States would be better served by a strategy to shrink the global footprint of nuclear weapons and provide the highest possible levels of security for the most minimal possible deterrent forces. Given the inability to secure nuclear weapons and materials perfectly or to eliminate terrorism in the foreseeable future, reducing the global inventory of nuclear weapons and materials is the most reliable way to reduce the chances of nuclear terrorism.     

“GOOD COP/BAD COP” AS A MODEL FOR NONPROLIFERATION DIPLOMACY TOWARD NORTH KOREA AND IRAN

Scholarly and popular literature in the recent past has framed nonproliferation diplomacy toward both Iran and North Korea as an example of “good cop/bad cop,” a social-psychological strategy borrowed from law enforcement to describe a process for forcing a confession by subjecting a target to stressful emotional contrast. This article examines those two cases, roughly covering the period since 2003, when the most recent attempts to deal with the Iranian and North Korean proliferation threats began, in light of criteria for employment of the good cop/bad cop strategy. There is some evidence that within the framework of the six-party talks with North Korea and within the framework of the EU-3-U.S. diplomacy toward Iran, the players seeking nonproliferation have adopted good cop/bad cop roles to that end. The article concludes, however, that while there are similarities to the interrogation room technique, the complexity of the international political environment as compared to the interrogation room has prevented the states involved from successfully adopting or effectively exploiting good and bad cop roles. Substantial and exploitable differences of interest among them, and the availability of alternative “escape routes” for the target state, raise serious questions about the applicability of the good cop/bad cop strategy to these two nonproliferation cases, and even about its applicability in future nonproliferation challenges.     

THE LAST TO DISARM?

France still sees its nuclear arsenal as essential both as insurance against future major risks and as support for an independent foreign policy. There is a wide consensus in the country to maintain a nuclear deterrent, both among political parties and the general public. A modernization program is under way that will ensure the continued efficacy of the French nuclear force well into the 2030s, and France has adopted a fairly restrictive interpretation of its disarmament commitments under the Treaty on the Non-Proliferation of Nuclear Weapons. This suggests that the likeliest future direction of France's nuclear policy is conservatism. However, other scenarios remain possible, especially in the domain of transatlantic and/or European cooperation.