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former IAEA Director-General

Nuclear Testing

ACA-YPFP NextGen Voices: The Untold Story in the Nuclear Nonproliferation Saga

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ACA and Young Professionals in Foreign Policy (YPFP) are hosting an event featuring a​n exclusive​ showing of Marshalling Peace and a discussion on the future of nuclear weapons threats and the ways NextGen leaders can shape today's and tomorrow's nuclear policies.

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What: Short Film "Marshalling Peace" and
NextGen Discussion

When Tuesday, August 29
7:00-8:30pm

Where1740 Massachusetts Ave NW
Washington, D.C. 20036 

Register here for the event.

On August 29 - the International Day Against Nuclear Testing - ​NextGen filmmaker Autumn Bordner joins Young Professionals in Foreign Policy (YPFP) and the Arms Control Association for a​n exclusive​ showing of Marshalling Peace​. Autumn traveled to the Marshall Islands to research the lingering effects of U.S. nuclear testing conducted there during the Cold War. Her short film documents the tiny nation's legal battle against nuclear weapons​-holding superpowers​, and the​ devastating effects of the U.S. nuclear testing program on the Marshallese people.

Autumn and the Association's Executive Director Daryl Kimball will facilitate a discussion on the future of nuclear weapons threats and the ways NextGen leaders can shape today's and tomorrow's nuclear policies. YPFP's Danielle Preskitt (a former Association intern) will moderate.

The Panelists:

Autumn Bordner is a rising second year at Stanford Law School. Prior to matriculating at Stanford, Autumn worked as an environmental consultant at ICF, and as a fellow with the K1 Project, Center for Nuclear Studies, a research institute that she co-founded as an undergraduate at Columbia University. Autumn is also a member of the Comprehensive Test Ban Treaty Organization (CTBTO) Youth Group. In this capacity, she is working to advance the entry into force of the Comprehensive Nuclear Test Ban Treaty.

Daryl G. Kimball became the Executive Director of the Arms Control Association in September 2001. The Arms Control Association is a private, non-profit membership organization dedicated to public education and support of effective arms control measures pertaining to nuclear, chemical, biological, and conventional weapons. Find his complete bio here.

Register here.

                                                                 

Posted: August 29, 2017

U.S. Policy on North Korea: More Pressure, But Where’s the “Engagement?”

The UN Security Council responded to North Korea’s two intercontinental ballistic missile (ICBM) tests in July by unanimously passing new sanctions on North Korea over the weekend. But without a more concerted effort to engage Pyongyang in negotiations, these measures stand little chance of altering North Korea’s nuclear calculus. While the additional Security Council sanctions in Resolution 2371 send a strong signal to North Korea that there are consequences for flouting international prohibitions, sanctions alone are not a strategy for addressing the North Korean nuclear threat. It is past...

Comprehensive Test Ban Treaty at a Glance

July 2017

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

Updated: July 2017

The Comprehensive Test Ban Treaty (CTBT) prohibits “any nuclear weapon test explosion or any other nuclear explosion” anywhere in the world. The treaty was opened for signature in September 1996, and has been signed by 183 nations and ratified by 166. The treaty cannot enter into force until it is ratified by 44 specific nations, eight of which have yet to do so: China, India, Pakistan, North Korea, Israel, Iran, Egypt, and the United States. The U.S. Senate voted against CTBT ratification in 1999, and in 2009 President Obama announced his intention to seek Senate reconsideration of the treaty. The administration has given no firm timeframe for this effort.

In order to verify compliance with its provisions, the treaty establishes a global network of monitoring facilities and allows for on-site inspections of suspicious events. The overall accord contains a preamble, 17 treaty articles, two treaty annexes, and a protocol with two annexes detailing verification procedures.

For more on the CTBT text itself, see below.  For more on issues related to the treaty, see Now More Than Ever: The Case for the Comprehensive Test Ban Treaty.

Preamble

The preamble, which lists disarmament principals and objectives, sets the overall political context of the treaty. In particular, it stresses the need for the continued reduction of nuclear weapons worldwide with the ultimate goal of their elimination. Also of significance, the preamble recognizes that a CTBT will constitute an effective measure of nuclear disarmament and non-proliferation by “constraining the development and qualitative improvement of nuclear weapons and ending the development of advanced new types of nuclear weapons.” It further recognizes that a test ban will constitute “a meaningful step in the realization of a systematic process to achieve nuclear disarmament.”

Scope

Article I establishes that all states parties are prohibited from conducting “any nuclear weapon test explosion or any other nuclear explosion.” On the basis of the negotiating record, this includes all nuclear explosions, in accordance with President Bill Clinton’s August 1995 “zero yield” proposal.

Implementing Organization

Article II establishes the Comprehensive Nuclear-Test Ban Treaty Organization (CTBTO), which ensures treaty implementation and provides states-parties with a forum for consultation and cooperation. The organization consists of a Conference of the States Parties, an Executive Council and a Technical Secretariat. The organization, which is located in Vienna, is structurally independent from, but operating in collaboration with, the International Atomic Energy Agency (IAEA).

The Conference of the States Parties is the overall governing body of the organization. It handles treaty-related policy issues and oversees the treaty’s implementation, including the activities of the Executive Council and the Technical Secretariat. The conference meets once a year, unless otherwise decided.

The Executive Council, which meets regularly and acts as the treaty’s principal decision-making body, consists of 51 members. In order to distribute membership evenly throughout the world, the Executive Council comprises 10 states-parties from Africa; seven from Eastern Europe; nine from Latin America and the Caribbean; seven from the Middle East and South Asia; ten from North America and Western Europe; and eight from Southeast Asia, the Pacific and the Far East. The states in each of these geographical regions are listed in Annex 1 to the treaty.

The members of the council are elected by the conference. In order to ensure that those countries with a vested interest in a CTB are adequately represented in the council, at least one-third of the seats allotted to each region will be filled by states-parties on the basis of their nuclear capabilities applicable to the treaty, such as the number of monitoring facilities they contribute to the International Monitoring System (IMS). One seat allocated to each region will be designated on an alphabetical basis and the remaining seats will be determined by rotation or elections. Thus, each state-party will eventually have the opportunity to serve on the council.

The Technical Secretariat is the primary body responsible for implementing the treaty’s verification provisions. In this capacity, it supervises the operation of the IMS and receives, processes, analyzes and reports on the system’s data. It also manages the International Data Center (IDC) and performs procedural tasks related to conducting on-site inspections. Until the treaty enters into force, these functions are being handled by the Provisional Technical Secretariat.

Article III requires each state-party, in accordance with its constitutional process, to take any necessary measures to implement its treaty obligations.

Verification and Compliance

Article IV and the verification protocol establish the treaty’s verification regime, which consists of four basic elements: the IMS, consultation and clarification, on-site inspections and confidence-building measures. The verification regime will not be completely operational until the treaty enters into force. For instance, on-site inspections cannot be authorized until the treaty formally comes into effect.

The purpose of the IMS is to detect nuclear explosions, which are prohibited under Article I. The monitoring system comprises a network of 50 primary and 120 auxiliary seismological monitoring stations designed to detect seismic activity and distinguish between natural events, such as earthquakes, and nuclear explosions. In addition, the system incorporates 80 radionuclide stations and 16 radionuclide laboratories that seek to identify radioactivity released during a nuclear explosion. The IMS also includes 60 infrasound (acoustic) and 11 hydroacoustic stations designed to pick up the sound of a nuclear explosion conducted in the atmosphere or underwater, respectively. The host state and the location of each facility is listed in Annex 1 to the protocol.

Information collected by the IMS is transmitted to the IDC--an essential part of the Technical Secretariat responsible for data storage and processing. Because the IMS generates an enormous amount of raw data, the IDC will regularly provide states-parties with a number of services designed to help them monitor compliance with the treaty’s provisions. In this regard, the data center produces integrated lists of all signals picked up by the IMS, as well as standard event lists and bulletins. In accordance with the parameters outlined in Annex 2 to the protocol, the center also generates standard event bulletins that screen out those events that appear to be of a non-nuclear nature. However, notwithstanding this analysis role, the IDC must make both the raw and processed information available to all states-parties.

The consultation and clarification component of the verification regime encourages states-parties to attempt to resolve, either among themselves or through the organization, possible instances of non-compliance before requesting an on-site inspection. A state-party must provide clarification of an ambiguous event within 48 hours of receiving such a request from another state-party or the Executive Council.

Each state-party has the right to request an on-site inspection in the territory of the party in question. The inspection request must be based on information collected by the IMS; data obtained through national technical means (NTM) of verification, such as satellites, in a manner consistent with international law; or a combination of IMS and NTM information. The request must contain the approximate geographical coordinates and the estimated depth of the ambiguous event, the proposed boundaries of the area to be inspected (not to exceed 1,000 square kilometers), the state-party or parties to be inspected, the probable environment and estimated time of event, all evidence upon which the request is based, the identity of the proposed observer (if available) and the results of the consultation and clarification process (if any).

The Executive Council would make a decision on the on-site inspection request within 96 hours of its receipt from the requesting state-party. The inspection would be authorized to proceed if it has been approved by at least 30 of the council’s 51-members, the so-called “green light” procedure. An inspection team would arrive at the point of entry within six days of the council’s receipt of the inspection request. During the course of the inspection, the inspection team may submit a proposal to extend the inspection to begin drilling, which must be approved by 26 council members. The duration of the inspection must not exceed 60 days, but may be extended by a maximum of 70 additional days (subject to council approval) if the inspection team determines that more time is needed to fulfill its mandate.

If the Executive Council rejects an on-site inspection request (or terminates an inspection already underway) because it is of a frivolous or abusive nature, the council may impose punitive measures on the requesting state-party. In this regard, it may require the requesting state-party to provide financial compensation for preparations made by the Technical Secretariat and may suspend the party’s right to request an inspection and serve on the council for an unspecified period of time.

The verification regime also incorporates confidence-building measures intended to promote treaty compliance. In order to reduce the likelihood that verification data may be misconstrued, each state-party voluntarily provides the Technical Secretariat with notification of any chemical explosion involving a magnitude of 300 tons or more of TNT-equivalent on its territory. Each state-party may also assist the Technical Secretariat in the calibration of IMS stations.

In order to ensure compliance with the treaty’s provisions, Article V empowers the conference to revoke a state-party’s rights under the treaty, recommend to the states-parties punitive measures such as sanctions or bring the case to the attention of the United Nations. Article VI describes the mechanism by which disputes pertaining to the application or interpretation of the treaty may be settled.

Amendment Process

Under Article VII, each state-party has the right to propose amendments to the treaty after its entry into force. Any proposed amendment requires the approval of a simple majority of states-parties at an amendment conference with no party casting a negative vote.

Peaceful Nuclear Explosions

Under Article VIII, a conference will be held 10 years after the treaty’s entry into force to review the implementation of its provisions, including the preamble. At this review conference, any state-party may request that the issue of so-called “peaceful nuclear explosions” (PNEs) be put on the agenda. However, the presumption is that PNEs remain prohibited unless certain virtually insurmountable obstacles are overcome. First, the review conference must decide without objection that PNEs may be permitted, then an amendment to the treaty must also be approved without objection at a separate amendment conference, as is explained above. The amendment must also demonstrate that no military benefits would result from such explosions. This double hurdle makes it extremely unlikely that peaceful nuclear explosions would ever be permitted under the treaty.

Duration and Withdrawal

Under Article IX, the treaty has an unlimited duration. In addition, each state-party has the right to withdraw from the treaty if it decides, “extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests.” Notice of intent to withdraw must be given at least six months in advance.

Miscellaneous Provisions

Article X specifies that the treaty’s annexes, protocol and annexes to the protocol are a formal part of the treaty. Article XI declares that the treaty is open to all states for signature prior to its entry into force. Article XII maintains that each signatory state will ratify the treaty according to its own constitutional procedures. Under Article XIII, any state that has not signed the treaty prior to its entry into force may accede to it any time thereafter.

Entry into Force

Under Article XIV, the treaty will not enter into force until it has been signed and ratified by 44 states listed by name in Annex 2. These states include the five original nuclear weapon states—United States, Russia, Britain, France and China—as well as India, Israel, North Korea, and Pakistan. (Actual entry into force would occur 180 days after all 44 states deposit their instruments of ratification with the UN Secretary General.) The 44 states, all of which are participating members of the recently expanded Conference on Disarmament, possess nuclear power and research reactors as determined by the IAEA.

Until entry into force, conferences may be held for those states that have already deposited their instruments of ratification to “decide by consensus what measures consistent with international law may be undertaken to accelerate the ratification process.” Since 1999, the Conference Facilitating Entry Into Force of the CTBT has been convened every other year.

Other Provisions

Article XV stipulates that the treaty’s provisions will not be subject to reservations. Article XVI establishes the UN Secretary General as the depositary of the treaty. Under Article XVII, the treaty will be authentic in six languages.

Nuclear Testing

Fact Sheet Categories:

Posted: July 25, 2017

1999 CTBT Safeguards

December, 2010

Contact: Daryl KimballExecutive Director, (202) 463-7280 x107

Updated: April 2015

Background

The safeguards of the CTBT are measures consistent with the treaty that the United States could take unilaterally to offset any of the perceived disadvantages and risks of signing the treaty. Safeguards were first proposed by the Joint Chiefs of Staff during the debate over the 1963 Partial Test Ban Treaty in order to garner support from treaty skeptics. See the Comprehensive Test Ban Treaty at a Glance for more information about the treaty itself. 

The CTBT Safeguards are:

A. The conduct of a Science Based Stockpile Stewardship Program to insure a high level of confidence in the safety and reliability of nuclear weapons in the active stockpile, including the conduct of a broad range of effective and continuing experimental programs.

B. The maintenance of modern nuclear laboratory facilities and programs in theoretical and exploratory nuclear technology which will attract, retain, and ensure the continued application of our human scientific resources to those programs on which continued progress in nuclear technology depends.

C. The maintenance of the basic capability to resume nuclear test activities prohibited by the CTBT should the United States cease to be bound to adhere to this treaty.

D. Continuation of a comprehensive research and development program to improve our treaty monitoring capabilities and operations.

E. The continuing development of a broad range of intelligence gathering and analytical capabilities and operations to ensure accurate and comprehensive information on worldwide nuclear arsenals, nuclear weapons development programs, and related nuclear programs.

F. The understanding that if the President is informed by the Secretaries of Defense and Energy -- advised by the Nuclear Weapons Council, the Directors of the DOE’s nuclear weapons laboratories and the Commander of the U.S. Strategic Command -- that a high level of confidence in the safety or reliability of a nuclear weapon type which the two Secretaries consider to be critical to our nuclear deterrent could no longer be certified, the President, in consultation with Congress, would be prepared to withdraw from the CTBT under the standard “supreme national interest” clause in order to conduct whatever testing might be required.

Nuclear Testing

Fact Sheet Categories:

Posted: July 20, 2017

Amendment on CTBTO Funding Would Undermine Global Test Ban

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Sen. Tom Cotton (R-Ark.) and Rep. Joe Wilson (R-S.C.) introduced legislation on Feb.7 to “restrict” funding for the CTBTO. The bill will be offered as a floor amendment by Wilson to the House version of the National Defense Authorization Act, which is being considered this week.

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Volume 9, Issue 4, July 2017

Unfortunately, a small but influential group of Republican lawmakers are seeking to cut U.S. funding for the Comprehensive Test Ban Treaty Organization (CTBTO) and undermine international support for the Comprehensive Test Ban Treaty (CTBT) and the global nuclear test moratorium.

Sen. Tom Cotton (R-Ark.) and Rep. Joe Wilson (R-S.C.) introduced legislation on Feb.7 to “restrict” funding for the CTBTO.

The House approved the language as an amendment by Wilson to the National Defense Authorization Act; the Senate will consider a similar amendment from Sen. Cotton when it considers the NDAA later this week.*

The amendment purports not to restrict U.S. funding specifically for the CTBTO's International Monitoring System, but in practice any significant reduction in U.S. technical and financial support for the CTBTO would:

  • adversely impact the organization’s ability to operate and maintain existing nuclear test monitoring stations. This is due to the fact that a wide range of organization’s personnel and assets directly or indirectly support the IMS. This includes staff time and technical support for the International Data Centre in Vienna, which processes information provided by IMS operations; and
  • prompt other states to restrict their funding for the CTBTO or possibly withhold data from CTBTO monitoring stations that are based in their territory, thus undermining the capabilities of the system to detect and deter clandestine nuclear testing.

U.S. Secretary of State Rex Tillerson speaks with Italian Foreign Minister Angelino Alfano and European Union High Representative for Foreign Affairs Federica Mogherini during the April 2017 G7 foreign ministers meeting in Italy. [State Department photo/ Public Domain]The Wilson amendment would run counter to the policy position articulated by Secretary of State Rex Tillerson, who joined with his G7 foreign ministerial counterparts to extoll the value of the CTBTO in their April joint communique on nonproliferation and disarmament. They said in part:

We believe that all States should maintain all existing voluntary moratoria on nuclear weapon test explosions or any other nuclear explosion, and those States that have not instituted such moratoria should do so. The verification regime being established by the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, in particular the International Monitoring System and International Data Centre, has proven its effectiveness by providing substantive and reliable data on the nuclear tests conducted by North Korea. We strongly encourage all interested States to complete the IMS as a matter of priority.

The proposed Wilson amendment also seeks to undermine the U.S. obligation—as a signatory to the 1996 Comprehensive Test Ban Treaty—not to conduct nuclear test explosions. The amendment calls on Congress to declare that the September 2016 UN Security Council Resolution 2310 does not “obligate…nor does it impose an obligation on the United States to refrain from actions that would run counter to the object and purpose” of the CTBT, which President Bill Clinton signed in 1996.

Contrary to what the Cotton-Wilson bill implies, Resolution 2310 (which was endorsed by 42 states, including Israel) does not impose any new obligations on the United States. Rather, it:

  • encourages states to “provide the support required” to the CTBTO and the IMS, and urges states to refrain from nuclear testing and urges those states that have not ratified to do so; and
  • also takes note of a September 15 joint statement by the five permanent Security Council members that formally “recognized” that a nuclear explosion would “defeat the object and purpose of the CTBT.” 

The G7 Foreign Minsters’ April 11 Joint Communique—endorsed by Tillerson—also “recalls" UN Security Council Resolution 2310 as an important contribution to the effort to ensure all states that have signed the CTBT do not go back on their promise not to conduct nuclear weapon test explosions. 

However, if Congress were to assert that the United States is not required to respect our obligations as a CTBT signatory not to conduct nuclear test explosions, it would signal to other states that that the United States may be seeking to back out of its commitment to a global and verifiable nuclear test ban and is considering the resumption of nuclear testing.

That’s not a smart move. With North Korea threatening to conduct a sixth nuclear test explosion, it is essential that the United States reinforce, not undermine, the global nuclear testing taboo

Backing off the United States' historically strong commitment to halting nuclear testing by any country at this time could trigger a dangerous chain reaction by other nuclear-armed states and would run afoul of key U.S. allies who strongly oppose nuclear testing and who support the CTBT. U.S. financial support to the CTBTO is critical to detect and deter nuclear weapons testing and it enhances national and international security—and should not be subjected to the restrictions proposed in the Wilson amendment.—DARYL G. KIMBALL, executive director

*This sentence was updated July 17, 2017 to reflect that the House amendment by Wilson was adopted by a voice vote.

Posted: July 12, 2017

New Leadership, Opportunities on the Korean Peninsula

The election of Mr. Moon Jae-in as South Korea’s next president could lead to an important and helpful shift in the international community’s approach to halting and reversing North Korea’s increasingly dangerous nuclear and missile programs. If Moon stays true to the policies outlined in his campaign , South Korea’s approach to North Korea will likely shift from “pressure only” to “pressure with pragmatic engagement.” This could improve the chances for lowering of tensions with North Korea and the resumption of talks designed to verifiably halt and then, later, reverse North Korea’s nuclear...

U.S. Support for the CTBTO Enhances U.S. and Global Security

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According to the FY2018 budget outline, the Trump administration will seek funding cuts in the U.S. contribution for the CTBTO, the intergovernmental organization responsible for the global nuclear test monitoring system designed to detect and deter clandestine nuclear explosions.

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Volume 9, Issue 2, May 2017

At a time when it is more important than ever to reinforce the global norm against nuclear test explosions and to maintain global capabilities to detect nuclear weapons testing by other countries, the Donald Trump administration is proposing severe budget cutbacks at the State Department, including U.S. contributions to key international organizations.
 
According to the Fiscal Year (FY) 2018 budget outline released by the Trump administration in February, his administration “seeks to reduce or end direct funding for international organizations whose missions do not substantially advance U.S. foreign policy interests, are duplicative, or are not well-managed.” No further detail or explanation was provided.
 
The Trump administration is expected to release its full budget request the week of May 22.
 
These funding cuts could include a reduction in the U.S. contribution for the intergovernmental organization responsible for the global nuclear test monitoring system designed to detect and deter clandestine nuclear explosions, the Comprehensive Test Ban Treaty Organization (CTBTO).
 
Such funding cuts would run counter to the value placed on this contribution by Secretary of State Rex Tillerson, who joined with his G7 foreign ministerial counterparts to extoll the value of the CTBTO in their April 11 joint communique on nonproliferation and disarmament. They said in part:

We believe that all States should maintain all existing voluntary moratoria on nuclear weapon test explosions or any other nuclear explosion, and those States that have not instituted such moratoria should do so.
 
The verification regime being established by the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, in particular the International Monitoring System and International Data Centre, has proven its effectiveness by providing substantive and reliable data on the nuclear tests conducted by North Korea. We strongly encourage all interested States to complete the IMS as a matter of priority.

The statement also recalls UN Security Council Resolution 2310 (passed September 23, 2016) —which calls on all states to ratify the Comprehensive Test Ban Treaty (CTBT), refrain from nuclear testing, and provide support for the CTBTO. The resolution also notes the contribution of the CTBT to nuclear nonproliferation and disarmament.

Past U.S. Support and Results

U.S. Secretary of State John Kerry and other diplomats vote to adopt the resolution in support of the Comprehensive Test Ban Treaty during a UN Security Council meeting September 23. (Photo credit: Astrid Riecken/CTBTO) The final omnibus appropriations bill for FY 2017 fully funds the Obama administration’s final budget request of $32 million for the U.S. contribution to the CTBT International Monitoring System (IMS) and CTBTO. This is in line with the United States’ longstanding support for the CTBT, which was formally established in 1997.
 
The CTBTO was established with the support of the United States and the other 182 signatories of the CTBT to build, operate, and maintain a robust IMS and International Data Center to detect and deter nuclear weapon test explosions, which are banned by the treaty.
 
Today the IMS is more than 90% complete and is collecting and analyzing information on a continuous 24/7 basis for the purpose of detecting and deterring clandestine nuclear test explosions and to provide the technical basis for international responses to noncompliance.
 
The CTBTO provides additional nuclear test detection capabilities beyond U.S. national means of intelligence and is a neutral source of information that can mobilize international action against any state that violates the global norm against nuclear testing.
 
The total annual budget of the CTBTO was about  $128 million for 2016. The United States provides 22.47% of the CTBTO’s funding. Over the years, the United States has also made voluntary, in-kind contributions including for the operation and maintenance costs of all IMS facilities in the United States and support to the software development for the International Data Center, which analyzes the global monitoring data for nuclear testing activity. These in-kind contributions are valued at more than $5 million USD in 2015 and $9 million in 2016.
 
Although United States signed the CTBT in 1996 and has not conducted a nuclear test explosion in 25 years, the United States is one of eight remaining states that must ratify the treaty in order to allow for its formal entry into force.

The Illogic of the Treaty’s Critics

Unfortunately, a small but influential group of Republican lawmakers are seeking to cut U.S. funding for the CTBTO and undermine international support for the CTBT and the global nuclear test moratorium.
 
Sen. Tom Cotton (R-Ark.) and Rep. Joe Wilson (R-S.C.) introduced legislation on Feb.7 to “restrict” funding for the Comprehensive Test Ban Treaty Organization (CTBTO).
 
The Cotton and Wilson bill  purports not to restrict U.S. funding specifically for the IMS, but in practice any significant reduction in U.S. technical and financial support for the CTBTO would:

  • adversely impact the organization’s ability to operate and maintain existing nuclear test monitoring stations. This is due to the fact that a wide range of organization’s personnel and assets directly or indirectly support the IMS. This includes staff time and technical support for the International Data Centre in Vienna, which processes information provided by IMS operations; and
  • prompt other states to restrict their funding for the CTBTO or possibly withhold data from CTBTO monitoring stations that are based in their territory, thus undermining the capabilities of the system to detect and deter clandestine nuclear testing.

The bill also seeks to undermine the U.S. obligation—as a signatory to the CTBT—not to conduct nuclear test explosions. It calls on Congress to declare that the September 2016 UN Security Council resolution does not “obligate…nor does it impose an obligation on the United States to refrain from actions that would run counter to the object and purpose” of the CTBT, which President Bill Clinton signed in 1996.
 
Contrary to what the Cotton/Wilson bill implies, Resolution 2310 (which was endorsed by 42 states including Israel) does not impose any new obligations on the United States. Rather, UNSC 2310:

  • encourages states to “provide the support required” to the CTBTO and the IMS, and urges states to refrain from nuclear testing and urges those states that have not ratified to do so; and
  • also takes note of the September 15 joint statement by the five permanent Security Council members that formally “recognized” that a nuclear explosion would “defeat the object and purpose of the CTBT.” 

So long as the United States remains a signatory of the CTBT, it is legally obliged not to take actions that would defeat its object and purpose. In other words, like all other 183 signatories, it shall not conduct a nuclear test explosion.
 
However, if Congress were to adopt the Cotton-Wilson bill asserting that the United States is not required to respect our obligations as a CTBT signatory not to test, it would signal to other states that that the United States is seeking to back out of its commitment to a global and verifiable nuclear test ban and is considering the resumption of nuclear weapons testing.
 
That’s not a smart move. With North Korea threatening to conduct a sixth nuclear test explosion, it is essential that the United States reinforce, not undermine, the global nuclear testing taboo
 
Backing off our historically strong commitment to ending nuclear testing at this time could trigger a dangerous chain reaction by other nuclear-armed states and would run afoul of key U.S. allies who strongly oppose nuclear testing and who support the CTBT. Continuing to fund the U.S. contribution to detect and deter nuclear weapons testing enhances national and international security.

—DARYL G. KIMBALL, executive director

Posted: May 8, 2017

Recalibrating U.S. Policy Toward North Korea

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The new administration has a narrow window to shift U.S. policy toward North Korea in ways that halt its nuclear activities.

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Volume 9, Issue 1, February 2017

North Korea’s advancing nuclear and ballistic missile program is one of the most serious national security challenges that Donald Trump faces as president. The new administration has a narrow window of opportunity to recalibrate U.S. policy toward North Korea and seek a lasting arrangement that halts and then ultimately rolls back Pyongyang’s nuclear weapons program.

North Korean leader Kim Jong Un visits a coastal defense unit on Mahap Islet in this undated photo released by the official Korean Central News Agency on November 11, 2016. (Photo credit: KNS/AFP/Getty Images)Currently, North Korea is assessed to have the capability to deliver a warhead on a short- or medium-range ballistic missile, threatening allies and U.S. troops in the region. But if North Korea remains on its current trajectory, it could soon begin testing an intercontinental ballistic missile (ICBM) and deploy the system within the next decade, which would pose a direct threat to the continental United States and upset the security situation in East Asia.

A concerted diplomatic effort aimed first at freezing North Korea’s nuclear and missile testing, followed by negotiations designed to roll back Pyongyang’s nuclear weapons program, will be difficult and may not succeed. However, when compared to other policy options, it stands the best chance of halting North Korea’s program.

The Obama administration’s policy toward North Korea, known as ‘strategic patience,’ failed to halt Pyongyang’s illicit nuclear and missile activities. The strategic patience approach involved increasing sanctions pressure on North Korea and returning to negotiations only after Pyongyang took steps toward denuclearization, which it committed to in the Six Party Talks with the United States, China, South Korea, Russia and Japan in 2005.

The onerous preconditions in the Obama administration’s policy approach, coupled with the failure to provide sufficient incentives, prevented the resumption of negotiations with North Korea. Instead, over the past eight years, North Korea expanded its stockpile of weapons-usable nuclear material, conducted four nuclear tests, and accelerated its missile activities.

North Korea’s leadership is likely waiting for Washington to signal what its approach will be. They will not likely wait long. The Financial Times reported February 1 that the White House launched a review of its North Korea policy.

A new U.S. policy that first seeks to resume negotiations, followed by pressure if North Korea scuttles diplomatic efforts, is still no guarantee of success. But is the most promising approach.

North Korea’s Advancing Programs
North Korea is currently estimated to possess about 50 kilograms of separated plutonium, enough material for more than 10 warheads, and activities suggest that its stockpile will continue to expand.

Kim Jong-Un stated his intention to continue expanding the country’s nuclear arsenal. Most recently in his annual New Years address on Jan. 1, 2017, he said that North Korea "will continue to build up” its nuclear forces… as long as the United States and its vassal forces keep on nuclear threat and blackmail and as long as they do not stop their war games they stage at our doorstep disguising them as annual events.”

To that end, Pyongyang restarted its 5mw nuclear reactor at Yongbyong in August 2013, which has since operated intermittently. The reactor produced the plutonium that North Korea used for its nuclear program, but was shut down in 2007 as part of the Six Party Talks. Satellite imagery from 38 North, a site run by the U.S. Korea Institute at Johns Hopkins University's School of Advanced International Studies (SAIS) suggests that North Korea’s reprocessing facility, which separates plutonium for weapons from the reactor’s spent fuel, is also operating.

North Korea is also known to possess centrifuges, and may enrich uranium for weapons purposes. Based on estimates from North Korea’s known centrifuge facility, Pyongyang could have produced enough highly-enriched uranium for an estimated 6-8 warheads, bringing the total count to 16-18 as of late 2016. Independent experts assess that North Korea could have as many as 20-100 warheads by 2020.

It is highly likely that North Korea is also taking steps to refine its warhead design, both to increase the explosive yield and develop a miniaturized weapon that can be mounted on a ballistic missile.

After the February 2013 test, North Korea claimed it had tested a miniaturized device. Pyongyang announced after the January 2016 test that it exploded a hydrogen bomb. While it is extremely unlikely that Pyongyang did test a hydrogen bomb, North Korea may have tested a boosted fission device. Boosted fission increases the explosive yield of a warhead by using isotopes of hydrogen to increase the efficiency of the reaction. While the assertions that North Korea tested a miniaturized or boosted fission device cannot be ascertained with certainty, continued testing gives Pyongyang more information about the performance of its warheads.

North Korea’s missile testing activity also indicates that Pyongyang is taking steps to extend the range of its ballistic missiles and develop delivery options, including a submarine launched ballistic missile (SLBM).

In 2016, North Korea tested its Musudan missile eight times, the first tests of the missile since it was unveiled in 2010. The Musudan is a medium-range ballistic missile that experts assess could deliver a 650-kilogram payload over 1,200 kilometers. There is uncertainty about the range of the system, given there was only one successful test. However, a 1,200-kilometer range puts South Korea, Japan, and parts of China and Russia within range, but falls short of Guam. Although only one of the tests was a success, North Korea gained data relevant to the performance of the Mususdan and its longer-range systems.

North Korea is also taking steps to field SLBMs. John Schilling, an aerospace engineer, suggests that North Korea could initially field this capability in the second half of 2018. If North Korea can successfully field nuclear-tipped SLBMs, it would pose a regional threat, and could allow Pyongyang to evade the regional missile defense system set for deployment in South Korea. Given the nature of North Korea’s submarines and the estimated range of the SLBM, it is unlikely to pose an intercontinental threat.

Given North Korea’s continued production of fissile material and its ballistic missile activities, the threat posed by its nuclear program will continue to grow, unless checked.

“A New Approach” Toward North Korea
The new U.S. Secretary of State, Rex Tillerson, recognized the need for a new approach to North Korea during his confirmation process. In a response to written questions from the Senate Foreign Relations Committee, Tillerson said that “North Korea is one of the leading threats to regional and global security. If confirmed, I will work closely with my interagency colleagues to develop a new approach to proactively address the multitude of threats that North Korea poses to its neighbors and the international community.”

Tillerson, however, provided little insight into what his approach will be. He mentioned working with regional partners to increase pressure on North Korea and further isolate the country. He also talked about the need for China to enforce UN sanctions and mentioned the possibility of secondary sanctions if Beijing does not enhance its compliance.

Steps such as increasing sanctions on North Korea or putting in place secondary sanctions for failure to implement UN measures, do not alone constitute a strategy that will halt North Korea’s advancing nuclear weapons program and ultimately roll it back. Indeed, pursing certain types of sanctions could have the opposite effect ­‑ secondary sanctions on China could alienate Beijing.

First and foremost, the Trump administration’s new policy should focus on signaling to Pyongyang that Washington is ready and willing to engage in serious negotiations without preconditions.

To start, the new administration should deliver a message directly and carefully to North Korea’s leadership that recalls positive statements that Pyongyang has made about negotiations over its nuclear program, such as to Pyongyang’s statement from July 2016 calling for denuclearization of the entire Korean Peninsula: “The denuclearization being called for by the DPRK is the denuclearization of the whole Korean peninsula and this includes the dismantlement of nukes in South Korea and its vicinity.” This will also make clear that the United States remains committed to denuclearization as the end state in negotiations with Pyongyang.

The United States should also simultaneously reach out to states in the region to discuss the administration’s negotiating position and provide assurances that Washington remains committed to the security of its allies. Clear communication with China, given its close relationship with North Korea, will be particularly necessary. In the communication with President Xi, the United States should emphasize importance of China strictly enforcing existing sanctions, and the U.S. intent not to seek new sanctions as long as the North acts with restraint, including no nuclear and missile flight tests.

If North Korea is willing to negotiate, initial talks should focus on obtaining a moratorium to prevent additional nuclear and ballistic missile tests. The advantage of pursuing a testing freeze is that it would prevent North Korea from continuing to advance its capabilities, halting progress toward an ICBM and an SLBM capability.

The United States will need to be prepared to put something on the table in return for North Korea’s commitment to freeze nuclear and missile tests. After consultations with Seoul, Washington might consider scaling-back or delaying its annual joint military exercises with South Korea. The United States could also commit not to take actions viewed by North Korea as deliberately threatening, such as flying nuclear-capable bombers over the Korean peninsula.

The advantage of putting military exercises on the table is that they can easily be scaled back up if North Korea breaks the agreement and conducts a test. Monitoring for nuclear and missile tests also does not require inspectors on the ground.

Another option could be a U.S. commitment to delay the deployment of the Terminal High Altitude Area Defense (THAAD) missile defense system, so long as Pyongyang observes a strict test moratorium. Beijing has voiced a strong opposition to the system over concerns that the THAAD radar coverage will include parts of China. In addition to alienating China, deploying THAAD could provoke Pyongyang to continue developing missiles capabilities that would allow it to evade and/or over whelm U.S. missile defenses in the region.

If the initial moratorium holds, North Korea and the United States could discuss steps that would roll back Pyongyang’s nuclear activities, including a verifiable halt to fissile material production (including plutonium production and uranium enrichment) that would be monitored by international inspectors into North Korea’s nuclear sites. In return, the United States might extend to North Korea limited sanctions relief and negative security assurances against military attack under certain conditions.

To maintain leverage, the United States and its partners should strengthen implementation of UN Security Council-mandated sanctions that have not been fully enforced thus far. This would also preserve the option to try to increase economic and financial sanctions pressure if North Korea refuses to negotiate.

 

Flawed Alternatives
Other policy approaches pose very high risks and have a low chance of success. A campaign to impose crippling sanctions on the North is likely to fail, since it will be opposed by China. Any attempt to coerce Beijing will likely be met with a strong response, creating a rift that North Korea will exploit to continue to move forward with its weapons of mass destruction programs. Preemptive military strikes will face severe operational difficulties and almost certainly a strong, likely military, response from Pyongyang that could trigger a second Korean War. It would also be opposed by South Korea and Japan and draw China into what may be an escalating regional conflict.

Conclusion
The dangers posed by North Korea—ranging from the direct threat to the United States and a growing threat to South Korea and Japan, to the possibility that Pyongyang will transfer nuclear technology abroad to earn hard currency—cannot be ignored. Simply maintaining the current policy will not slow North Korea’s advances; and more robust missile defenses provide only a partial defense for the United States and its allies, at best.

In formulating a more effective approach, the new administration must jettison flawed assumptions that have underpinned a failed U.S. policy for the past eight years. A new policy that tries negotiations first, and then puts pressure on the North if its intransigence scuttles diplomacy, is still no guarantee of success, but is the most promising approach.

DARYL G. KIMBALL, executive director and KELSEY DAVENPORT, director of nonproliferation policy

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Posted: February 2, 2017

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