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– Marylia Kelley
Tri-Valley Communities Against a Radioactive Environment
June 2, 2022
EU / NATO

Listen to our European Partners: Sustain the Nuclear Deal with Iran

Before taking action to undermine or violate the nuclear deal with Iran, President Donald Trump and the U.S. Congress would be wise to heed the words of Washington’s European partners in the deal, namely that the agreement is working and renegotiation is futile. Ambassador David O’Sullivan of the European Union, Ambassador Peter Wittig of Germany, Ambassador Gerard Araud of France, and Ambassador Kim Darroch of the United Kingdom, joined forces to deliver these messages at the Atlantic Council Sept. 25 , just three weeks ahead of the Oct. 15 deadline for Trump to issue or withhold a...

Ukraine, Nuclear Weapons, and Security Assurances at a Glance

Contact: Daryl G. Kimball, Executive Director, (202) 463-8270 x107

At the time of Ukraine’s independence from the Soviet Union in 1991, Ukraine held the third largest nuclear arsenal in the world, including an estimated 1,900 strategic warheads, 176 intercontinental ballistic missiles (ICBMs), and 44 strategic bombers. By 1996, Ukraine had returned all of its nuclear warheads to Russia in exchange for economic aid and security assurances, and in December 1994, Ukraine became a non-nuclear weapon state-party to the 1968 nuclear Nonproliferation Treaty (NPT). The last strategic nuclear delivery vehicle in Ukraine was eliminated in 2001 under the 1991 Strategic Arms Reduction Treaty (START). It took years of political maneuvering and diplomatic work, starting with the Lisbon Protocol in 1992, to remove the weapons and nuclear infrastructure from Ukraine.

1990 Declaration of Sovereignty

Partly in an effort to gain international recognition, Ukraine’s pre-independence movement supported efforts to join the NPT as a non-nuclear weapon state. With its Declaration of Sovereignty on July 16, 1990, Ukraine pledged “not to accept, produce, or acquire nuclear weapons." However, despite this public commitment, Ukrainian politicians were not entirely united by the idea. Some felt that Russia was a still a threat and that they should keep the weapons as a deterrent.

1991 Minsk Agreement on Strategic Forces

With the dissolution of the Soviet Union, the Commonwealth of Independent States signed the Minsk Agreement on December 30, 1991, agreeing that the Russian government would be given charge of all nuclear armaments. However, as long as the weapons remained in Belarus, Ukraine, and Kazakhstan, the governments of those countries would have the right to veto their use. The target date for dismantling the weapons was set for the end of 1994.

1992 Lisbon Protocol

Ukraine signed the Lisbon Protocol on May 23, 1992. The protocol sought to return the nuclear weapons in Belarus, Kazakhstan, and Ukraine to Russia. All states were to join START and the NPT. However, within Ukraine, there was little motion towards the ratification of START, joining the NPT, or overall denuclearization. The protocol required that Ukraine adhere to the NPT as quickly as possible, but it gave the country up to seven years to follow through.

By late 1992, the Ukrainian parliament was vocalizing more pro-nuclear views. Some believed that Ukraine was entitled to at least temporary nuclear weapon status. Perhaps optimistically, the U.S. government promised Ukraine $175 million in dismantlement assistance. Instead, the Ukrainian government began implementing administrative management of the nuclear forces and claimed ownership of the warheads.

In late April 1993, 162 Ukrainian politicians signed a statement to add 13 preconditions for ratification of START, frustrating the ratification process. The preconditions required security assurances from Russia and the United States, foreign aid for dismantlement, and compensation for the nuclear material. Additionally, they stated that Ukraine would dismantle only 36 percent of its delivery vehicles and 42 percent of its warheads, leaving the rest under Ukrainian control. Russia and the United States criticized these demands, but Ukraine did not budge. In May 1993, the United States said that if Ukraine were to ratify START, Washington would provide more financial assistance. This began subsequent discussions between Ukraine, Russia, and the United States over the future of Ukrainian denuclearization.

1993 Massandra Accords

Ukrainian and Russian officials reached a set of agreements, including protocols on nuclear weapons dismantlement, procedure, and terms of compensation. However, the two sides could not agree on the final document, and the summit ultimately failed. 

1994 Trilateral Statement

The Massandra Accords set the stage for the ultimately successful trilateral talks. As the United States mediated between Russia and Ukraine, the three countries signed the Trilateral Statement on January 14, 1994. Ukraine committed to full disarmament, including strategic weapons, in exchange for economic support and security assurances from the United States and Russia. Ukraine agreed to transfer its nuclear warheads to Russia and accepted U.S. assistance in dismantling missiles, bombers, and nuclear infrastructure. Ukraine’s warheads would be dismantled in Russia, and Ukraine would receive compensation for the commercial value of the highly enriched uranium. Ukraine ratified START on February 3, 1994, repealing its earlier preconditions, but it would not accede to the NPT without further security assurances.



1994 Budapest Memorandum on Security Assurances

To solidify security commitments to Ukraine, the United States, Russia, and the United Kingdom signed the Budapest Memorandum on Security Assurances on December 5, 1994. A political agreement in accordance with the principles of the Helsinki Accords, the memorandum included security assurances against the threat or use of force against Ukraine’s territory or political independence. The countries promised to respect the sovereignty and existing borders of Ukraine. Parallel memorandums were signed for Belarus and Kazakhstan as well. In response, Ukraine officially acceded to the NPT as a non-nuclear weapon state on December 5, 1994. That move met the final condition for ratification of START, and on the same day, the five START states-parties exchanged instruments of ratification, bringing the treaty into force.

2009 Joint Declaration by Russia and the United States

Russia and the United States released a joint statement in 2009 confirming that the security assurances made in the 1994 Budapest Memorandum would still be valid after START expired in 2009.

2014 Russian Annexation of Crimea

Following months of political unrest and the abrupt departure of Ukrainian President Viktor Yanukovych, Russian troops entered the Crimean peninsula of Ukraine in March 2014. On March 18, over the protests of the acting government in Kiev, the UN Security Council, and Western governments, Russia declared the annexation of Crimea. The United States, the United Kingdom, and Ukraine called the action a blatant violation of the security assurances in the 1994 Budapest Memorandum. However, according to the Russian Foreign Ministry, “the security assurances were given to the legitimate government of Ukraine but not to the forces that came to power following the coup d'etat.”

Timeline

  • July 16, 1990: Ukraine’s Declaration of Sovereignty
  • July 31, 1991: The United States and the Soviet Union sign START
  • Dec. 26, 1991: The Soviet Union officially dissolves, delaying entry into force of START
  • Dec. 30, 1991: Minsk Agreement on Strategic Forces
    • The Commonwealth of Independent States agrees that strategic forces would be under the joint command of the former Soviet Union states
  • May 23, 1992: Russia, Belarus, Ukraine, Kazakhstan, and the United States sign the Lisbon Protocol
    • The protocol calls for the return of nuclear weapons in three formerly Soviet states to Russia and for all states to be added to the START treaty and join the NPT
  • Jan. 14, 1994: Ukraine, Russia, and the United States sign the Trilateral Statement
    • Ukraine commits to full disarmament, including strategic offensive weapons, in exchange for economic support and security assurances from the United States and Russia
  • Sept. 4, 1993: Massandra Accords
    • Failed summit between Russian and Ukrainian governments
  • Dec. 5, 1994: Russia, Ukraine, United States, and the United Kingdom sign the Budapest Memorandum on Security Assurances
    • Includes security assurances against the threat or use of force against Ukraine’s territory or political independence
  • Dec. 5, 1994: Ukraine submits its instrument of accession to the NPT as a non-nuclear weapon state
    • The five START parties exchange instruments of ratification for START, which enters into force
  • June 1, 1996: Ukraine transfers its last nuclear warhead to Russia
  • October 30, 2001: Ukraine eliminates its last strategic nuclear weapon delivery vehicle
  • Dec. 4, 2009: Joint Statement by Russia and the United States
    • The two countries confirm the security guarantees made in the 1994 Budapest Memorandum
  • March 18, 2014: Russia annexes Ukraine's Crimean peninsula and provides supports an ongoing insurrection by separatist forces in the eastern Luhansk and Donetsk provinces of Ukraine.
  • Late 2021 to early 2022: Russia engages in "military exercises" with a force estimated to exceed 150,000 military personnel involving land-, sea-, and air-based weaponry on the northern, eastern, and southern borders of Ukraine raising fears of an invasion by Russia.
  • February 24, 2022: Russia began a large-scale military attack and invasion of Ukraine, with planes and missile launcher attacks on Ukrainian cities, airports, and military infrastructure across much of the country.
Strategic Arms Control and Policy

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Senator Reiterates Support for Iran Nuclear Deal

Senator Chris Coons (D-Del.), in keynote remarks yesterday at a Middle East Institute conference on U.S. policy toward Iran, argued the United States should continue upholding the 2015 nuclear deal, known as the Joint Comprehensive Plan of Action (JCPOA), while also pushing back on Iran for other actions as needed. The Trump administration is currently reviewing its own policy toward Iran, including U.S. participation in the nuclear deal, despite the success of the agreement to date. Coons said the Iran review is being conducted in a “thorough and professional manner” by the National Security...

Senators Fight Cruise Missile Funding

April 2017

Nine Democratic senators, led by Edward Markey (Mass.), are seeking to limit development funding for a nuclear-armed, air-launched cruise missile known as the long-range standoff (LRSO) weapon that the Air Force is planning to field by 2030. The missile and its refurbished warhead reportedly will cost $20-30 billion over 20 years to produce, Markey said in a March 8 news release. “Congress shouldn’t fund dangerous new nuclear weapons designed to fight unwinnable nuclear wars,” said Sen. Dianne Feinstein (D-Calif.), a co-sponsor of the legislation that would cap funding for the missile and its warhead at 2017 levels until the Trump administration submits a Nuclear Posture Review report to Congress. Air Force plans call for the procurement of about 1,000 of these missiles to replace the AGM-86B cruise missiles, which have been in use since 1986. Critics say the new weapon is not needed and its ability to carry nuclear or conventional warheads could lead to a cataclysmic error if an adversary mistakes the launch of conventional missiles for nuclear ones. “The new nuclear cruise missile is expensive, redundant, and above all, dangerous,’” warned Tom Collina, director of policy at the Ploughshares Fund on March 8.

Nine Democratic senators are seeking to limit development funding for a nuclear-armed, air-launched cruise missile known as the long-range standoff (LRSO) weapon.

Europeans Seek Conventional Arms Talks

January/February 2017

By Kingston Reif

Fifteen countries in Europe are calling for a “relaunch of conventional arms control” negotiations with Russia amid concerns about the deteriorating security situation in their region due to Moscow’s actions in Ukraine.

In a joint statement Nov. 25, the foreign ministers of the 15 nations said that the existing pillars of the European conventional arms control architecture, namely the 1990 Conventional Armed Forces in Europe (CFE) Treaty, the 2011 Vienna Document, and the 1992 Open Skies Treaty, are “crumbling” and “need to be strengthened.” They cited “an urgent need to re-establish strategic stability, restraint, predictability and verifiable transparency and to reduce military risks” and urged “a structured dialogue on conventional arms control in Europe.”

Foreign ministers attending a meeting of the Organisation for Security and Co-operation in Europe December 8-9, 2016, in Hamburg, Germany, called for “creating an environment conducive to reinvigorating conventional arms control.” (Photo credit: John MacDougall/AFP/Getty Images)The ministers said that the Organisation for Security and Co-operation in Europe (OSCE) should be a “central forum for such a dialogue.” The 57-member OSCE works to facilitate a comprehensive approach to European security.

The countries that joined the statement are Austria, Belgium, Bulgaria, Czech Republic, Finland, France, Germany, Italy, Netherlands, Norway, Romania, Slovakia, Spain, Sweden, and Switzerland. All are OSCE members. 

German Foreign Minister Frank-Walter Steinmeier first floated the proposal in a Project Syndicate op-ed on Aug. 26, citing “new and deep rifts” between Russia and Western nations that would likely endure for the near future. Further, he warned of a “new arms race” in Europe due to developing technologies such as offensive cybercapabilities and “new combat scenarios” such as smaller, more mobile fighting units that “are not covered” by existing arms control regimes.

Steinmeier said that a new arms control dialogue should address regional military force ceilings and transparency measures; take into account new military capabilities and strategies, including smaller, mobile units; include new weapons systems, such as drones; permit effective verification in times of crisis; and be applicable where territorial status is disputed. 

Steinmeier conceded that such an undertaking might not succeed “at a time when world order is eroding and relations with Russia are strained” but that “it would be irresponsible not to try.” 

Germany served as chair of the OSCE in 2016. Austria is the chair in 2017, as the position rotates annually. 

The initial U.S. reaction was lukewarm. Bruce Turner, a U.S. deputy assistant secretary of state, said that Russia’s ongoing challenge to the core tenets of European security “make contemplation of a new arms control agreement in Europe difficult” in remarks in October at an OSCE conference in Vienna.

Instead, the United States “believes that it makes more sense to work to preserve, strengthen, and modernize our existing agreements, and begin a dialogue on our security concerns” in the OSCE, said Turner, who handles European security, technology, and implementation in the Bureau of Arms Control, Verification and Compliance. Turner cited as a key U.S. goal modernizing the Vienna Document, a set of politically binding confidence- and security-building measures designed to increase openness and transparency concerning military activities conducted by OSCE members.

Russia has taken a wait-and-see approach. In a speech at the United Nations in October, Mikhail Ulyanov, director of the nonproliferation and arms control department in the Russian Ministry of Foreign Affairs, said Steinmeier’s proposal “merits thorough analysis.”

“We will see how Germany’s NATO allies will respond to this initiative,” he added. 

In a Dec. 24 email to Arms Control Today, Ulrich Kühn, a fellow with the Carnegie Endowment for International Peace in Washington, said the future of the 15-nation initiative is uncertain, citing the transition to a new administration in the United States, Austria’s assumption of the OSCE chairmanship, and the fact that Steinmeier soon will be leaving his foreign minister post.

At the OSCE ministerial meeting in Hamburg on Dec. 8-9, the 57 participating states issued a statement declaring that they “will work towards creating an environment conducive to reinvigorating conventional arms control” and confidence- and security-building measures in Europe.

Germany’s foreign minister cites the risk of a “new arms race” in Europe.

NATO Highlights Role of Nuclear Weapons

September 2016

By Kingston Reif

Leaders of the 28 member countries of NATO strongly criticized Russian nuclear behavior and reaffirmed the security role played by U.S. nuclear weapons deployed in Europe at their July 8-9 summit meeting in Warsaw, Poland. The sections of the alliance statement, or communiqué, devoted to nuclear weapons are nearly three times as long as those issued at the 2014 summit in the United Kingdom. (See ACT, October 2014.

In Warsaw, NATO leaders characterized as “destabilizing” Russia’s “irresponsible and aggressive nuclear rhetoric, military concept and underlying posture.” Alliance officials have expressed concern over the past two years about Russian actions such as more nuclear bomber flights close to the borders of alliance members, more nuclear exercises, and nuclear threats directed at NATO members. (See ACT, November 2015.)

NATO Secretary General Jens Stoltenberg addresses press following the meeting on Afghanistan with Resolute Support Operational Partner Nations at the level of heads of state and government in Warsaw on July 6, 2016.[Photo credit: NATO]

The communiqué explicitly states that NATO’s deterrence posture “relies, in part, on the United States’ nuclear weapons forward-deployed in Europe and on capabilities and infrastructure provided by allies concerned.” This language is a significant departure from the 2014 communiqué and the alliance’s 2012 Deterrence and Defence Posture Review report, neither of which explicitly referred to the need for U.S. nuclear weapons in Europe. 

In addition, NATO countries stated in Warsaw that “[a]ny employment of nuclear weapons against NATO would fundamentally alter the nature of a conflict” and warned that “NATO has the capabilities and resolve to impose costs on an adversary that would be unacceptable.” The 2014 communiqué did not include these declarations.

Alliance members reiterated their desire to reduce the number of nuclear weapons stationed in Europe and the role of nuclear weapons in alliance strategy. But the communiqué expressed “regret that the conditions for achieving disarmament are not favorable today.” The United States is thought to deploy approximately 200 tactical B61 gravity bombs in Europe in support of NATO. 

Despite speculation ahead of the Warsaw meeting that the alliance might make changes to NATO’s nuclear posture, such as increasing the readiness level of alliance nuclear forces, there is nothing specific in the communiqué about readiness. (See ACT, January/February 2016.

The alliance also announced in Warsaw that its missile defense system had achieved an “initial operational capability.” The communiqué said the activation of the missile defense site in Romania in May and the transfer of the command and control of the site to NATO is “a new milestone” in the development of NATO’s missile defense plan that “offers a stronger capability to defend” NATO members in southern Europe. (See ACT, June 2016.) Russian President Vladimir Putin asserts that the missile defense system threatens his country, despite U.S. assurances to the contrary.

Leaders of the 28 member countries of NATO strongly criticized Russian nuclear behavior and reaffirmed the security role played by U.S. nuclear weapons deployed in Europe...

NATO’s Missile Defense Plan Must Adapt to the Real World

This op-ed originally appeared in The Hill. One of the biggest challenges for NATO at its July 8-9 summit will be to adopt measures that reassure allies in the face of Russian intimidation without provoking an escalation in already high tensions between Russia and the West. Given that missile defense has been a driver of tensions between Moscow and Washington since Ronald Reagan launched his Star Wars plan to render ballistic missiles “impotent and obsolete,” one of the best ways to achieve reassurance and avoid provocation would be to alter the existing timetable for deploying more capable...

New Report Calls for Russia and the West to Move Back from the Brink

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For Immediate Release: June 21, 2016

Media Contacts: Kingston Reif, Director for Disarmament and Threat Reduction Policy, Arms Control Association, (202) 463-8270 ext. 104; Ulrich Kuehn, Researcher, Institute for Peace Research and Security Policy, University of Hamburg, +49 (1) 76 811219 75

(Mosow, Berlin, Washington)—A new report from a high-level group of international security experts from Russia, the United States, and Germany recommends that the West and Russia build on a number of existing arms control and confidence-building measures in order to avoid further exacerbation of the increasingly tense and dangerous relationship between Russia and the West, particularly along the border between Russia and NATO member states.

The third report of the Deep Cuts Commission describes 15 key recommendations to help address the most acute security concerns in Europe—particularly in the Baltic area—and increase U.S.-Russian nuclear transparency and predictability.

“The prime objective for the next few years should be limiting the potential for dangerous military incidents that can escalate out of control,” the authors argue. “Russia and the West must come back from the brink. They need to better manage their conflictual relationship. Restraint and dialogue are now needed more than ever,” they write.

The Commission’s recommendations include:

    • In order to reduce current security concerns in the Baltic area, NATO and Russia should initiate a dialogue on possible mutual restraint measures. All states should adhere to the NATO-Russia Founding Act. A NATO-Russia dialogue should aim at increasing the security of all states in the Baltic area by encompassing reciprocal and verifiable commitments. A sub-regional arms control regime could consist of interlocking elements such as restraint commitments, limitations, CSBMs, and a sub-regional Incident Prevention and Response Mechanism.
    • In light of the increasing dangers of military incidents between Russia, the United States and other NATO member states, the United States and Russia should revive a dialogue on nuclear risk reduction measures, capable of addressing risks posed by different sorts of emergencies in near real-time. The United States and Russia could consider creating a Joint Military Incident Prevention and Communications Cell with a direct telephone link between the U.S. Joint Chiefs of Staff, the Russian General Staff, and NATO’s Supreme Headquarters Allied Powers Europe. Such a cell could be linked to or established in parallel with a new European Risk Reduction Center.
    • States-parties to the Treaty on Open Skies should pay more attention to the continued operation of Open Skies. They should strengthen its operation by devoting equal resources to upgrading observation equipment.
    • Organization for Security and Cooperation in Europe (OSCE) participating States should consider measures to give effect to the principle of non-intervention into internal affairs. For this purpose, the OSCE could set up a commission which would carefully look into the issue from a legal point of view and explore possibilities for a new OSCE states-based mechanism. Beyond, OSCE participating States should prepare for a long-term endeavor leading to a Helsinki-like conference with the aim of reinvigorating and strengthening Europe’s guiding security principles.
    • The United States and Russia should commit to attempting to resolve each other’s compliance concerns with the Intermediate-Range Nuclear Forces (INF) Treaty by supplementing ongoing diplomatic dialogue with technical expertise, either by convening the Special Verification Commission or a separate bilateral experts group mandated to appropriately address all relevant treaty-related compliance concerns. Further on, the United States and Russia should address the issue of supplementing the treaty by taking account of technological and political developments that have occurred since the treaty’s entry into force.
    • The United States and Russia should address the destabilizing effects of nuclear-armed cruise missile proliferation by agreeing on specific confidence-building measures. Together with other nations, they should address the challenges of horizontal cruise missile proliferation by reinforcing the relevant Missile Technology Control Regime’s restrictions and by endorsing the inclusion of land-attack cruise missiles and unmanned aerial vehicles/unmanned combat aerial vehicles (UAVs/UCAVs) in the Hague Code of Conduct against Ballistic Missile Proliferation.
    • Moscow and Washington should exercise restraint in Russian and U.S. nuclear force modernization programs, remaining within the New START limits and acting consistent with the intent of the treaty. The United States should forego development of the LRSO and Russia should reciprocate by phasing-out of new nuclear-armed ALCMs. The United States should show restraint in ballistic missile deployments consistent with its policy of defending against limited threats. NATO should follow through on its commitment to adapt its ballistic missile deployments in accordance with reductions in the ballistic missile proliferation threats.

    • Russia and the United States should work toward early discussions on a possible follow-on strategic arms reduction treaty. They should be able to envision reductions to a level of 500 deployed strategic delivery vehicles and 1,000 deployed strategic warheads during the next decade. These discussions should explore options for exchanging measures of reciprocal restraint and seek to address other issues of mutual concern under a combined umbrella discussion of strategic stability.

Beyond these recommendations, the experts identify a number of additional measures which could foster confidence in and maintain focus on the goal of further nuclear disarmament.

The complete report is available online.

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The Arms Control Association is an independent, membership-based organization dedicated to providing authoritative information and practical policy solutions to address the threats posed by the world's most dangerous weapons.

Description: 

The West and Russia need to build on existing arms control measures to avoid exacerbation of the increasingly tense relationship between them, according to a group of international security experts.

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Just Leave It: NATO’s Nuclear Weapons Policy at the Warsaw Summit

June 2016

By Tom Sauer

The biennial NATO summit in Poland next month comes at a time of deeply strained relations between NATO and Russia. The Russian occupation of Crimea is a direct challenge to internationally agreed principles. 

Other indications of Russia’s assertive foreign policy are its incursions into eastern Ukraine, brinkmanship with military aircraft and ships near the borders of NATO member states, aggressive nuclear rhetoric, and military intervention in Syria. 

No wonder that fear in many eastern European states, despite being members of NATO, has been on the rise since the beginning of the Ukraine crisis. That is why the NATO summit in Wales in September 2014 tried to reassure eastern European member states with the creation of the Very High Readiness Joint Task Force, the stationing of rotating NATO (including U.S.) troops, and military exercises.

Apparently, eastern European member states are not yet fully satisfied. At the upcoming summit in Warsaw, although there are equally pressing challenges at NATO’s southern flank due to the conflict in Syria, eastern European states are expected to demand a reinforcement of NATO’s reassurance and deterrence policy.

Tellingly, more and more voices are calling for a review of NATO’s nuclear deterrence policy that would strengthen the role of nuclear weapons inside the alliance.1 That would be a dramatic change as the role of nuclear weapons in NATO doctrine has gradually decreased since the end of the Cold War. The numbers of U.S. tactical nuclear weapons in Europe have come down from about 2,500 in 1993 to about 180 today.2 The phrase from the 1999 Strategic Concept that nuclear weapons “will continue to fulfill an essential role” to preserve peace was significantly altered in the most recent version of the document 11 years later.3 Instead the current version states, “Deterrence, based on an appropriate mix of nuclear and convention capabilities, remains a core element of our overall strategy.”4 Similarly, the two specific references to the “nuclear forces in Europe” were deleted. The only remaining reference to those forces is the pledge to “ensure the broadest possible participation of Allies in collective defence planning on nuclear roles, in peacetime basing of nuclear forces, and in command, control and consultation arrangements.”5 Moreover, the readiness levels of these weapons have been drastically reduced since the end of the Cold War. Contrary to the past, it would take weeks or even months to be able to use the U.S. tactical nuclear weapons stationed in Europe.6 Finally, in contrast to the previous version, the 2010 Strategic Concept refers twice to the goal of a world without nuclear weapons.

After 25 years of scaling back its reliance on nuclear weapons, is NATO going to change course on that front? Last October 8, at a meeting of NATO defense ministers, U.S. Secretary of Defense Ash Carter and Adam Thomson, the United Kingdom’s ambassador to NATO, publicly stated that NATO should consider steps to improve the way it integrates conventional and nuclear deterrence.7 

Two months later, Polish Deputy Defense Minister Tomasz Szatkowski proposed stationing U.S. tactical nuclear weapons in Poland. That would contravene the 1997 NATO-Russia Founding Act, which stipulated that NATO had “no intention, no plan, and no reason” to station nuclear weapons on the territory of the new members.8 The Polish Ministry of National Defence immediately denied that Szatkowki’s statement was a formal proposal. 

Nevertheless, NATO quietly is beefing up its nuclear posture. Polish F-16s participated for the first time on the sidelines of a NATO nuclear strike exercise at the end of 2014. As a clear signal to Russian President Vladimir Putin, four B-52 bombers flew a nuclear strike mission over the North Pole and the North Sea in a bomber exercise in April 2015. Although these planes did not have nuclear weapons on board, they were equipped to carry 80 nuclear air-launched cruise missiles.9

In the run-up to the Warsaw summit, a high-level NATO working group is trying to come up with concrete proposals to strengthen NATO’s nuclear deterrence policy with respect to force structure, declaratory policy, and operational policy. Although there is no consensus on stationing B61 nuclear bombs in eastern Europe or on upgrading NATO’s nuclear hardware in general, one idea that is gaining strength within the working group is enhancing the readiness of the NATO dual-capable aircraft—those that are able to transport conventional and nuclear weapons—stationed in the five remaining host nations: Belgium, Germany, Italy, the Netherlands, and Turkey. The group also is considering ideas for organizing more nuclear exercises and being more transparent about them in the hope of strengthening deterrence, revising NATO’s communications strategy on nuclear deterrence, and strengthening nuclear expertise within NATO.10 

This article will describe and evaluate the arguments of the proponents of changing NATO’s nuclear weapons policy. It will conclude with a discussion of alternative options.

Reasons for a Review 

The advocates of change point out that the last revision of NATO’s Strategic Concept was conducted more than five years ago. Another key exercise in this area, the Deterrence and Defence Posture Review, was conducted from 2011 to 2012 and also predates the Ukraine crisis. The strategic environment has changed, and as a result, NATO policy, including nuclear weapons policy, should change, the advocates argue. They also point to a change in Russia’s nuclear doctrine that apparently includes the possibility of early use of limited nuclear strikes in response to a large-scale conventional weapons attack by the West in the hope of de-escalating the crisis at hand. 

Their arguments boil down to two objectives: first, strengthening NATO’s nuclear weapons policy in order to reassure eastern European states and, second, deterring Russia. The two are related as deterrence may strengthen reassurance, although only if the deterrent is perceived as credible. 

Eastern European states argue that NATO’s nuclear weapons policy should be updated. Because they are geographically close to Russia and some of them were invaded by the USSR during the Cold War, they want guarantees that Article 5 of the Washington Treaty will be implemented if needed. Article 5 states that an attack against one member state will be regarded as an attack on NATO as a whole and will trigger a common response. 

The advocates of the update want the rest of NATO to believe that conventional and nuclear weapons can be of help in this regard. Because the role of nuclear weapons has gradually diminished since the end of the Cold War, it is time to reverse this trend, they argue.11 They believe that NATO’s policy of extended nuclear deterrence helps deter Russia. According to this argument, the nuclear umbrella, partly in the form of U.S. tactical nuclear weapons in western Europe, diminishes the chances that Putin will repeat in the Baltic states what he did in Crimea. For these reasons, they believe not only that the U.S. tactical nuclear weapons in western Europe should stay, but also that NATO should increase the role of nuclear weapons.12

A Defensive Russia

The biggest mistake by NATO would be not to respond to the fears in eastern Europe. That said, threat perceptions are subjective by nature and can be heavily influenced by factors related to historical experiences and domestic politics, including the media. There are three reasons why Russia is not likely to invade and occupy any eastern European member state of NATO. 

First, Russia is not an expansionist country. The reason that it invaded Crimea can be categorized as defensive. Large nations defend their spheres of influence, and Russia regarded Ukraine as part of its sphere of influence. That geostrategic constellation is also recognized by realists such as Henry Kissinger, John Mearsheimer, and Stephen Walt.13 They blame the West as well as Putin for having created the Ukraine crisis. Luckily, the West can by definition not repeat in eastern Europe the mistakes it made vis-à-vis Ukraine and Russia because eastern Europe already belongs to the Western sphere of influence, something that has been more or less accepted by Russia. Even if Putin would like to live in a country as big as the former Soviet Union, he is fully aware that that is not going to happen. 

Second, there is a world of difference between occupying all or part of a country of which a large majority of the population stands behind the occupier, as in Crimea, and a country in which only a relatively small percentage of the population would support the occupation, as in the Baltic states. By invading and occupying one or more of the Baltic states, Putin would import too many problems. The Russian economy, which may determine the survival of the regime, is in trouble. The international reaction to the occupation of the Crimea, including the economic sanctions by the West, is hurting Russia economically. Putin has every reason to avoid making matters worse. 

Third, through NATO, the U.S. and western European spheres of influences have been institutionalized. The Baltic states belong to NATO; Ukraine did not. The Ukrainians might have hoped that the West would help them militarily. The Baltic states may hope for the same thing, but their hope has a much firmer foundation. NATO cannot do otherwise because helping allies militarily is NATO’s core business. Putin knows that very well. Although Putin can make mistakes, his record in foreign and domestic politics shows that he calculates rather well. He rightly estimated that occupying Crimea would not stir a military reaction by the West. With regard to the Baltic states, his calculations will be different. 

For all these reasons, it is reasonable to assume that the odds are that Russia is not going to invade and occupy the Baltic states, let alone Poland or Romania.

Providing Reassurance

That said, NATO should do as much as it can to reassure its eastern European states. These reassurances, however, should meet two conditions. They should be credible, and they should not provoke Russia as that could make matters even worse. 

With respect to the first condition, the question is whether nuclear weapons are a credible means of reassuring eastern European member states. Tallinn is fully aware that NATO is not going to use nuclear weapons, even in the extremely unlikely event of a Russian occupation of Estonia. Updating NATO’s policy of extended nuclear deterrence should therefore not be on the agenda. 

There is an alternative that is much more credible than nuclear weapons, namely the forward deployment of usable weapons. That would mean conventional weapons and troops, even if on a rotational basis. That is exactly what NATO has been doing until now and what Carter recently described.14 The Warsaw summit should restrict itself to fine-tuning and implementing the decisions made at the Wales summit.

Deter Putin in a Credible Way

It is difficult to see how NATO’s nuclear weapons policy can contribute to reassuring eastern European states unless one believes that these weapons deter Putin. That raises the second argument, deterrence. NATO should enhance deterrence for the very unlikely case that Putin is going to miscalculate. As in the case of reassurances, the deterrent should be credible and should not provoke Russia. 

The credibility of a deterrent depends on the capabilities and the intention to use them. That is the reason why conventional deterrence is more credible than nuclear deterrence, especially after 70 years of nonuse of nuclear weapons. Each day that nuclear weapons are not used on the battlefield, the norm against using these weapons is strengthened. Every day, it becomes more difficult for a U.S. president to authorize the use of these catastrophic weapons. 

That applies even more to nuclear weapons that are meant to defend other states under the notion of extended nuclear deterrence. In his standard work on deterrence, Patrick Morgan wrote, “If the Soviet Union invaded Western Europe, would it be rational for the United States to attack the Soviet Union with nuclear weapons if it knew that it would thereby provoke massive damage to itself in return? The answer, of course, is ‘no’.”15 It therefore is not rational for eastern European states to cling to the belief that NATO nuclear weapons, even the strategic ones, help much in deterring Putin.

That reasoning applies even more to the U.S. tactical nuclear weapons stationed in western Europe. Practically speaking, the use of these tactical nuclear weapons requires the consent of all NATO member states. It is extremely unlikely that all states will agree to use the weapons, even in the unlikely event of the occupation of the Baltic states. That is because the consequences of the radioactive fallout may be felt in the Baltic states and other NATO member states. 

Furthermore, the 2010 Strategic Concept moved away from the role of tactical nuclear weapons and emphasized the role of strategic nuclear weapons as the key element of the nuclear umbrella. Note that the Strategic Concept was not written in times when the relationship with Russia was smooth, but after friction with Russia in Kosovo and elsewhere in the Balkans, after two rounds of NATO expansion, after the NATO Bucharest summit in 2008 that stated that Georgia and Ukraine “will” become NATO members, and after the Georgian-Russian war that was partly the result of that declaration. The threat assessment in 2010 was different from the one today, but the difference should be put in perspective. Despite the troubles with Russia at that time, the role of NATO’s nuclear weapons was diminished in the 2010 Strategic Concept and the issue was not discussed at the 2014 Wales summit. It would be inconsistent to reverse this policy now. 

Putin knows that NATO is not going to use U.S. tactical nuclear weapons stationed in western Europe to protect the Baltic states. The authors of a recent RAND report based on a tabletop simulation exercise argue convincingly that these tactical weapons do not make any difference.16 To conclude, enhancing the readiness of the dual-capable aircraft in western Europe will not make the slightest difference in Putin’s calculations. As a result, an update of NATO’s nuclear policy will not strengthen deterrence of Russia and cannot help reassure the eastern Europeans. 

Likely Negative Consequences

Emphasizing the role of nuclear weapons in NATO’s nuclear doctrine at the Warsaw summit is likely to have substantial negative consequences. First, it will complicate the relationship with Russia, especially in arms control, an area in which there already is an impasse. Strengthening the role of nuclear weapons on the Western side will only fuel the nuclear arms race, which is definitely not in the interest of NATO. If Putin has increased the role of nuclear weapons in Russia, that does not mean that NATO should follow suit, especially because NATO is powerful enough in the non-nuclear realm. One of the reasons why Russia’s defense depends on nuclear weapons is that it is compensating for its inferior conventional forces, just as NATO did during the Cold War.

Second, strengthening NATO’s nuclear weapons policy will have negative domestic political consequences in the countries that host tactical nuclear weapons. The odds are that these weapons will become more politically exposed if NATO decides to reverse its decades-old practice of lowering the readiness of the dual-capable aircraft. If NATO is going to do that, the pressure in the host nations to remove these weapons will certainly go up. That is a recipe for further friction within NATO. 

The public in the host countries, especially in Belgium, Germany, and the Netherlands, already has been asking for more than a decade to remove these weapons from their territories. The Belgian parliament approved resolutions in this regard, most recently in 2015. In the Netherlands, the majority parties agreed to a parliamentary motion in 2013 asking the government not to make the F-35 Joint Strike Fighter nuclear capable. The 2009 German government declaration included a paragraph asking for the removal of the U.S. tactical nuclear weapons. The answer from NATO was always that its nuclear weapons policy could not be changed except in the framework of the next Strategic Concept. If that is indeed the logic, NATO cannot change the policy in Warsaw because there will not be a new Strategic Concept produced there. 

Third, there is also a world beyond NATO and Russia that is increasingly impatient with the pace of nuclear disarmament. Partly as a result of this frustration, the humanitarian initiative arose.17 If NATO, the most powerful alliance in history, even without nuclear weapons, decides at the upcoming summit to reverse its decades-old policy of delegitimizing nuclear weapons and to rely on them even more, the odds are that such a decision will cause even more friction with many non-nuclear-weapon states outside NATO. In all likelihood, it will further diminish the chances that nuclear Nonproliferation Treaty review conferences will succeed in the future, and it will decrease the prospects for additional nonproliferation measures. One can also predict that the push for a nuclear weapons ban will draw even more support, which in turn will provoke societal debates within NATO member states about the role of nuclear weapons.18 Increasing even slightly and in whatever way the role of nuclear weapons in NATO at the Warsaw summit would go against the tide of history. The numbers of nuclear weapons worldwide are going down. When the current tensions have subsided, NATO should remove the tactical nuclear weapons from Europe.

Relations With Russia 

If a majority of NATO member states had believed that upgrading NATO’s extended nuclear weapons policy was the best thing to do to reassure eastern Europeans and deter Russia, they would have already done so at the NATO summit two years ago. That did not happen, and nothing in the post-Wales period suggests a different approach. That means that if eastern European member states, backed by France, which wants to delay the discussion about French nuclear weapons as long as possible, at the next summit insist on updating NATO’s nuclear weapons policy, countries that are opposed—the European countries discussed above and probably also the United States—will have to bargain as hard as the advocates of change in order to reach an end result that maintains the status quo. 

Russia has to be deterred with credible means, namely conventional weapons. Only a credible deterrent can reassure eastern European member states. Even better, NATO should start thinking about ways to restore a political relationship with Russia. That would be in the spirit of the Harmel doctrine, which regarded NATO as a political as well as a military organization. It is in the interest of all NATO member states not to make matters worse with Russia. Territory seized by the Islamic State group can be recaptured, but Russia will remain a neighbor of NATO in the future. NATO and Russia need each other to work together on issues such as containing the threat of international terrorism; stabilizing Syria, the rest of the Middle East, and Afghanistan; and preventing nuclear proliferation. 

NATO and Russia are doomed to cooperate. Halting the suspension of the NATO-Russia Council is a first step. The fact that the council reconvened in the second half of April after two years of inaction may be an indication that the height of the crisis has passed. To consolidate the cooperation, NATO and Russia can take other confidence- and security-building measures, including announcing and attending each other’s military exercises, discussing military doctrines with each other, and starting up new arms control negotiations, including with respect to tactical nuclear weapons. These arms control measures could include unilateral steps that the other side would be encouraged to reciprocate. 

In order to prevent a development like the Ukraine crisis in the future, Russia and the West should fundamentally rethink the existing Euro-Atlantic security architecture. At its core, NATO is a collective defense organization that was established to prevent attacks from outside NATO territory. Russia’s behavior in Ukraine was therefore a gift to NATO because it could be cited as a justification for NATO’s existence. Similar mechanisms are at play in Russia. Putin exploited NATO expansion for domestic political purposes. 

The Kremlin and NATO, along with their respective militaries and defense industries, need this kind of tension and antagonism toward each other. As long as that is the case, conflicts between Russia and the West, such as the one in Ukraine, may occur again. The only way to halt the negative spiral is to include Russia in the Euro-Atlantic security architecture in a way that is acceptable to all actors involved. Russia and the West have missed that opportunity in the past. 

ENDNOTES

1.   See Jacek Durkalec, “NATO Must Adapt to Address Russia’s Nuclear Brinkmanship,” European Leadership Network, October 30, 2015, http://www.europeanleadershipnetwork.org/nato-must-adapt-to-address-russias-nuclear-brinkmanship_3263.html; Jeffrey Rathke and Simond de Galbert, “NATO’s Nuclear Policy as Part of a Revitalized Deterrence Strategy,” Center for Strategic and International Studies, January 27, 2016, http://csis.org/publication/natos-nuclear-policy-part-revitalized-deterrence-strategy; Matthew Kroenig, “The Renewed Russian Nuclear Threat and NATO Nuclear Deterrence Posture,” Atlantic Council Issue Brief, February 2016, http://www.atlanticcouncil.org/images/publications/Russian_Nuclear_Threat_0203_web.pdf.

2.   Hans Kristensen, “Non-Strategic Nuclear Weapons,” Federation of American Scientists, May 2012, pp. 12, 14, https://fas.org/_docs/Non_Strategic_Nuclear_Weapons.pdf

3.   NATO, “The Alliance’s Strategic Concept,” April 24, 1999, http://www.nato.int/cps/en/natolive/official_texts_27433.htm; NATO, “Active Engagement, Modern Defence: Strategic Concept for the Defence and Security of the Members of the North Atlantic Treaty Organization,” n.d., http://www.nato.int/nato_static_fl2014/assets/pdf/pdf_publications/20120214_strategic-concept-2010-eng.pdf (adopted November 19, 2010) (hereafter 2010 Strategic Concept). 

4.   2010 Strategic Concept, p. 14.

5.   Ibid., p. 16.

6.   NATO, “NATO’s Nuclear Forces in the New Security Environment,” NATO Issues, June 3, 2004, p. 5. 

7.   Kingston Reif, “NATO Weighs Nuclear Exercises,” Arms Control Today, November 2015.

8.   “Founding Act on Mutual Relations, Cooperation and Security Between NATO and the Russian Federation,” May 27, 1997, http://www.nato.int/cps/en/natohq/official_texts_25468.htm

9.   Hans Kristensen, “Adjusting NATO’s Nuclear Posture,” Federation of American Scientists, December 7, 2015, https://fas.org/blogs/security/2015/12/poland/

10.   Durkalec, “NATO Must Adapt to Address Russia’s Nuclear Brinkmanship.”

11.   Ibid.

12.   Ibid.

13.   Henry A. Kissinger, “To Settle the Ukraine Crisis, Start at the End,” The Washington Post, March 5, 2014; John J. Mearsheimer, “Why the Ukraine Crisis Is the West’s Fault,” Foreign Affairs, Vol. 93, No. 5 (September/October 2014); Stephen Walt, “Why Arming Kiev Is a Really, Really Bad Idea,” Foreign Policy, February 9, 2015, http://foreignpolicy.com/2015/02/09/how-not-to-save-ukraine-arming-kiev-is-a-bad-idea/

14.   The Obama administration has requested $3.4 billion for the European Reassurance Initiative for fiscal year 2017, more than four times the amount requested for the current fiscal year, to increase the amount of war-fighting equipment and the number of U.S. forces rotating through Europe. U.S. Department of Defense, “Secretary of Defense Speech: Remarks at EUCOM Change of Command,” May 3, 2016, http://www.defense.gov/News/Speeches/Speech-View/Article/750946/remarks-at-eucom-change-of-command

15.   Patrick M. Morgan, Deterrence: A Conceptual Analysis (Beverly Hills, CA: Sage Publications, 1977), p. 93.

16.   David A. Shlapak and Michael W. Johnson, “Reinforcing Deterrence on NATO’s Eastern Flank: Wargaming the Defense of the Balkans,” RAND Corp., 2016, p. 7, http://www.rand.org/content/dam/rand/pubs/research_reports/RR1200/RR1253/RAND_RR1253.pdf. 

17.   John Borrie, “Humanitarian Reframing of Nuclear Weapons and the Logic of a Ban,” International Affairs, Vol. 90, No. 3 (May 2014): 625-646.

18.   Tom Sauer, “It’s Time to Outlaw Nuclear Weapons,” The National Interest, April 18, 2016, http://nationalinterest.org/feature/its-time-outlaw-nuclear-weapons-15814


Tom Sauer is an associate professor of international politics at the Universiteit Antwerpen in Belgium. He is a former fellow at the Belfer Center for Science and International Affairs at Harvard University. He co-edited Nuclear Terrorism: Countering the Threat (2016) and is the author of Eliminating Nuclear Weapons: The Role of Missile Defense (2011).

More and more voices are calling for a review of NATO’s nuclear deterrence policy that would strengthen the role of nuclear weapons within the alliance. That would be a dramatic and ill-advised change.

Conventional Arms Control in Europe: Decline, Disarray, and the Need for Reinvention

June 2016

By Lucien Kleinjan

For some years now, conventional arms control in Europe has found itself under pressure. The edifice of conventional arms control instruments in Europe consists of three main pillars: the Vienna Document on Confidence- and Security-Building Measures, most recently updated in 2011; the Conventional Armed Forces in Europe (CFE) Treaty, which entered into force in 1992; and the Open Skies Treaty, which entered into force in 2002.

Some might contend that, at this juncture in history, all of these instruments have lost their military relevance to a large extent, although these perceptions might vary according to one’s birthplace. This article will argue that, from a political point of view, the instruments still have a pivotal role to play.

On the one hand, their demise would be an obvious symbol of withered trust and confidence. On the other hand, the continued malfunctioning of these instruments contributes to the further erosion of that trust and confidence. 

Dutch Foreign Minister Bert Koenders has said on several occasions that the main issue is one of trust and confidence. The countries involved need to have the trust and confidence to cooperate with one another. At the same time, such cooperation creates trust and confidence. Yet, it is not a chicken-and-egg situation. One can start at either end; the main requirement is the political will to break the current negative cycle.

Traditionally, the Netherlands has put considerable emphasis on and effort into the maintenance of conventional arms control, just as it does for nuclear disarmament. This vision flows from a deep-rooted tradition that emphasizes the normative power of international law. For a country of relatively small size and international weight, much is to be gained from a multilateral system whose members strictly adhere to its rules. Arms control forms part and parcel of such a system.

There is a direct link between the conventional and the nuclear fields. NATO allies perceive nuclear arms to be weapons of deterrence. All the allies hope they never have to resort to the use of such weapons. NATO’s 2010 Strategic Concept explicitly states this in Article 17: “The circumstances in which any use of nuclear weapons might have to be contemplated are extremely remote.”1

Russian doctrine does not make that distinction as clearly. In the Russian perception, the use of nonstrategic nuclear arms—those that could be used on the battlefield instead of against strategic assets in the homeland of the opponent—would be dependent on the needs of a given conflict situation. Thus, there is a relationship between conventional and nonconventional arms in their potential use and the way one approaches arms control.

A Topical and Urgent Issue

As discussed above, conventional arms control is politically and militarily relevant. The recent events at the edges of Europe have demonstrated once again the continued or renewed relevance of conventional arms control. Notwithstanding the emergence of all kinds of military innovations, including warfare in the cyber domain, the use of drones, and the use of soldiers posing as local insurgents, it is clear from recent subregional conflicts that such conflicts are fought to a large extent with conventional equipment. These battle tanks, armored personnel carriers, artillery, aircraft, and attack helicopters are arms to seize and hold ground, as the military would put it.

It is exactly these categories of equip-ment on which the CFE Treaty and the Vienna Document focus. There is an obvious and urgent need to keep these documents alive and update them where necessary. 

Such endeavors call not only for knowledge and concentrated effort, but also a certain amount of political courage. Given the current circumstances, with a re-emergence of the perception of a military threat from Russia, many politicians in Europe and the United States have an understandable inclination to postulate that these are not times for arms control. They would rather consider modernization and enhancement of military capacities in view of the volatile behavior of the one state that treads on long-standing agreements and principles.

Although it might seem counter-intuitive, conventional arms control now is as important as ever. As Koenders tends to put it, arms control is not a fair-weather instrument. It is in dire times that the need for it is greatest.

Between countries that do not perceive each other as a threat in any way, arms control instruments are not warranted. The Netherlands does not have such instruments with Denmark. The need for arrangements to enhance transparency and thus stability and security arises in the cases of countries with which good relations come less naturally. 

The Vienna Document

The current year offers several oppor-tunities to engage in a dialogue to reinvigorate conventional arms control in Europe. The Organization for Security and Co-operation in Europe (OSCE) happens to have started the exercise to update and modernize the Vienna Document this year. Some states, however, do not have the political will to engage in discussions on updates, let alone modernizations. They cite the current mistrust as the reason for their reluctance.

They are wrong. The crisis over Ukraine is a case in point. It demonstrated the need for substantial improvements in the Vienna Document, which would benefit all parties. Among other things, the crisis made clear that the Vienna Document had never foreseen the use of foreign troops posing as local insurgents, making use of heavy armor and weapons.

The crisis demonstrated the inadequacy of the verification methods in the document, shown, for example, in current restrictions on inspections and in insufficiently rigorous requirements for no-notice, or snap, exercises, in which participating troops are not forewarned and for which prior notification to the other signatories of the Vienna Document is not required.

Having held the presidency of the OSCE’s Forum for Security Co-operation during the first four months of this year, the Netherlands feels additionally motivated to propel the dialogue on these questions. It wants to do its utmost to arrive at a substantially improved Vienna Document that responds to the requirements of comprehensive security and the citizens of all participating OSCE states.

Modernization of the Vienna Document is vital. The loopholes that allow for circumvention of the letter and the spirit of the document should be closed. The times demand structural improvement of this pillar—for example, a document that allows more-intrusive inspections to enhance the verification regime, requires the parties to keep one another abreast of more exercises than under the current version of the document, and obliges countries to allow snap inspections and observations when holding snap exercises.

All this is not a goal in itself. It will make for more transparency and thus fewer surprises, fewer chances of misunderstandings, and fewer possible ensuing dangerous reactions. It is an investment in predictability, stability, and security.

It will not make for an ideal world. No Vienna Document could counterbalance a lack of trust and confidence. At the same time, the commitment to more-intrusive measures would be a first demonstration of the political will to arrive at greater transparency. That itself would be a confidence-building measure.

The Foundations of Conventional Arms Control in Europe

There are three main instruments on conventional arms control in Europe. Their scope and adhering members vary, mostly for historical and political reasons. The three agreements are described below.

The Vienna Document is a politically binding agreement among the participating states of the Organization for Security and Co-operation in Europe. It is intended to implement confidence- and security-building measures, such as exchanges of military information, prior notification of certain military exercises, and observation of certain military exercises. The crisis in and around Ukraine has highlighted loopholes in the agreement, as well as the need to enhance certain provisions. Because of the current political situation, Russia has shown a reluctance to enter into negotiations on the modernization of the Vienna Document.

The Conventional Armed Forces in Europe Treaty has its roots in the Cold War. It established limits on five categories of conventional military equipment in Europe and oversaw the destruction of excess weaponry by NATO and Warsaw Pact countries. There are 30 states-parties today. Russia is one of them, but it “suspended” its active participation in the treaty in 2007, expressing dissatisfaction with several of its elements, such as the continuation of the bloc-based approach.

The Open Skies Treaty allows for aerial surveillance flights over the territories of its 34 states-parties to enhance mutual understanding and confidence through the possibility of gathering information on military forces and activities. Due to a restrictive interpretation by Russia, the treaty risks losing some of its intrusiveness and thus effectiveness.

    The CFE Treaty

    Another opportunity presents itself this year to give a much needed boost to conventional arms control in Europe. In September, there will be a conference to review the functioning of the CFE Treaty, as there is every five years. 

    For years, the CFE Treaty rightly was considered the success story of conventional arms control, not just in Europe but worldwide. It was the benchmark, the cornerstone, of European arms control and thus European security.

    The treaty was a product of Cold War discord and was negotiated at the height of the Cold War. One result of the treaty was the observed destruction of 72,000 pieces of heavy military equipment by the countries of NATO and the Warsaw Pact. The accompanying regime of mutual inspections provided a guarantee that the two opposing blocs were abiding by the agreed requirements for reductions and subsequently lower levels of armaments. The treaty thus created a framework for mutual trust, confidence, and transparency through its elaborate and intrusive system of continuous inspections.

    This system turned out to be mutually beneficial at a time when the blocs still felt secure at the lower levels of armaments. The parties were able to spend less on their militaries and more on civilian needs. The system thus provided economic gain without altering the strategic balance. The happy ending of the Cold War provided a good occasion to give the treaty a new footing, doing away with the blocs while preserving transparency.

    The adaptation of the treaty to that end never entered into force, as the precondition to which all the states-parties, including Russia, agreed—that 

    Russia would pull back its troops and materiel from Georgia and Moldova—was never met. Quite the contrary, one might say after the 2008 Russian intervention in Georgia. Moreover, in 2007, Russia unilaterally “suspended” implementation of its obligations under the treaty. Transparency, cooperation, predictability, and stability were heavily affected, and several efforts to find a mutually acceptable solution to the impasse failed.

    Under these circumstances, this year’s review conference is likely to conclude that the CFE Treaty continues to suffer from the failure of one state-party to implement its obligations. Although 29 of the 30 states-parties continue to implement the treaty among themselves, the relevance of the pact is heavily affected because of Russian behavior. As noted earlier, the treaty’s value does not lie in mutual inspections between Denmark and the Netherlands.

    In the light of the foregoing, the Netherlands wants to appeal to all states-parties and to Russia in particular to return to the negotiating table. As with the Vienna Document, this is not a plea for just Dutch interests, but one that serves a common goal: stability and security for Europe. That goal transcends the undeniable differences among the countries of the continent. 

    The Open Skies Treaty 

    The Open Skies Treaty, the third pillar of European conventional arms control, still can be called quite successful. It offers its states-parties an unprecedented level of transparency, including the right to take photographs of military installations. 

    Unfortunately, the political upheaval in Europe has not left this treaty untouched. Russia’s restrictive interpretation of certain provisions and unilateral limitation of observation flights over its territory have affected the treaty’s effectiveness. For example, some areas have been declared off-limits for observation flights, and the accessibility of others has been hampered by restrictions on the altitude of overflights. 

    As always, states-parties are supposed to adhere faithfully to the letter and spirit of the treaty. Once again, the goal is simple and, one would hope, shared by all: promotion of transparency and predictability and thus of stability and security on the European continent.

    Conclusion

    Today, the citizens of Europe live in circumstances that they had hoped they had left behind. Dividing lines and mistrust have again emerged in Europe. Yet, the instruments in place should at least contribute to predictability and thus stability and security on the continent. 

    They are the three instruments of arms control that have served Europe and the rest of the world so well in the past, including times when tension presumably ran even higher than today. Arms control instruments in themselves are not designed to prevent or stop crises, but they can lead to a restoration of trust and confidence by offering mutual transparency about capabilities and the intentions of their signatories. This is not something that countries can afford to throw away or to slowly let wither. They should act this year to restart the cycle that would lead to a more stable and secure continent. 

    ENDNOTE

    1.   “Active Engagement, Modern Defence: Strategic Concept for the Defence and Security of the Members of the North Atlantic Treaty Organization,” n.d., http://www.nato.int/nato_static_fl2014/assets/pdf/pdf_publications/20120214_strategic-concept-2010-eng.pdf (adopted at the NATO summit in Lisbon in November 2010).


    Lucien Kleinjan is the Netherlands’ special envoy for conventional arms control.

    Although it might seem counterintuitive, the instruments of conventional arms control in Europe still have a pivotal role to play.

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