The CTBT Revisited: Has Anything Really Changed?

The Comprehensive Test Ban Treaty (CTBT), an agreement which would ban all nuclear tests, may soon be revived from its purgatory in the Senate. It was signed by President Clinton in 1996 and rejected by the Senate in October 1999. The arguments that denied ratification by a 19 vote margin still ring true today. In his Prague speech, however, President Obama called for prompt U.S. ratification of the treaty. He is expected to do the same at the UN later this month.

In rejecting the CTBT, Senate opponents listed several concerns that motivated their decision. They believed the CTBT was unverifiable and that others nations could easily cheat; the ability to enforce the treaty was dubious; the U.S. nuclear stockpile would not be as safe or reliable in the absence of testing; and the benefit to nuclear nonproliferation was minimal.

Ten years later, many of these concerns are still relevant. The issue of verification has been improved but not settled. The CTBT Organization has set up a network of 228 monitoring stations around the world, but significant gaps still exist. There are no stations in India or North Korea, and only one in Pakistan and Turkey. Sixty-one stations detected North Korea’s nuclear test in May 2009, but none detected radioactive gases to corroborate the seismic data. If North Korea was able to conceal such radiation, there is no reason to believe China or Russia could not as well.

As the continuing crises with North Korea and Iran illustrate, enforcing treaty obligations or punishing rule-breakers is not always effective. It is often, in fact, completely ineffective due to a lack of international cooperation. If a nuclear test were detected in Pakistan, India, or China, what would happen next? If the record with Pyongyang or Tehran is any indicator, the violating state would take some rhetorical heat and little more than a toothless UN Security Council resolution (if that). The CTBT will not immediately change other states’ policies.

The last decade has not been kind to the U.S. nuclear weapons arsenal. Though the Stockpile Stewardship Program has successfully replaced older components, confidence in reliability has declined as the warheads age. Secretary of Defense Robert Gates has stated that a credible U.S. deterrent cannot be maintained without testing or modernizing U.S. nuclear weapons. If modernization is not pursued, many experts believe testing will be needed to guarantee the weapons’ reliability.

Most significantly, the treaty’s perceived benefits toward enhancing nuclear nonproliferation are still debatable. Pro-CTBT voices have made several valid claims to consider. They argue that without the CTBT the nuclear arms race will continue, especially in Asia, with more states hedging their capabilities to be able to assemble a nuclear weapon quickly. Treaty advocates are quick to point out that the U.S. has already received a benefit for pursuing ratification – the indefinite extension of the Nuclear Nonproliferation Treaty (NPT) in 1995. The NPT, which divides the world into five nuclear weapon states (NWS) and the rest as non-NWS, is up for review in May 2010. The non-NWS are likely going to insist on CTBT ratification in exchange for nonproliferation cooperation.

These arguments still do not explain how the CTBT will be good for nonproliferation. For one, the existence of a nuclear arms race (outside India and Pakistan) is suspect, given the fact that the U.S. and Russia are reducing their nuclear stockpiles. Nuclear hedging is a problem to be tackled by IAEA monitoring; not by attempting to ban nuclear tests (the NPT already does this for non-NWS). Though the non-nuclears may insist on entry into force of the CTBT, there is little reason to believe they will take tougher actions on Pyongyang and Tehran once the U.S. ratifies it. If unilaterally and bilaterally reducing nuclear arsenals and not testing for 17 years have done nothing to convince non-NWS of U.S. leadership, why will the CTBT?

The CTBT is simply not in the U.S. national interest. The U.S. would not be guaranteed a seat on the Executive Council, which geographically would be unfriendly to Washington. Since it requires North Korean, Pakistani, and Egyptian ratification (to name a few), the U.S. would be binding itself to a treaty unlikely to ever enter into force. Though there would be a growing ability to detect nuclear tests, there would be no effective way to enforce the treaty. The U.S. stockpile would continue to atrophy as explosive testing for reliability would be prohibited, which could spur proliferation. The CTBT needs to be rewritten to mitigate these drawbacks, not “immediately and aggressively”[xi] brought before the U.S. Senate.

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Walking Away from the Third Site and European Allies

In an excellent WSJ article, Peter Spiegel details the reasons behind the Obama administration’s shelving of the missile defense third site in Central Europe. Though they are claiming that it was based on a technical assessment and that Iran’s long-range ballistic missile program is proceeding slowly, it should be apparent to the casual observer that this has been Obama’s plan since January 20th. In a move to appease Russian objections to installing U.S. military assets in their “sphere of influence,” the U.S. has walked away from defense commitments made to Poland, the Czech Republic, and other nations within range of Iranian missiles. This decision is misguided and dangerous for several reasons.

First, the procurement issue. Even if you accept the delay in Iranian ICBM capabilities until mid-2010s, due to the slow acquisition process (and slower deployment timetable), that is about the time the Third Site would become operational. By shelving the plans, the U.S. will be putting itself in the position where it finds the Iranian missile program progressing faster than its missile defense deployment. In the time period between Iranian long-range missile capability and U.S. BMD deployment, Iran may be able to coerce the U.S. or Europe by threatening unprotected European cities. Their stopgap measure of rotating terminal-phase missile defenses (those that intercept the missile in its last minutes of descending flight) through Europe will leave plenty cities vulnerable and will take just as long to deploy (and probably cost more).

Second, the timeline issue. The 2007 national intelligence estimate, which had a lot of political influences, delayed the timeline of Iran’s nuclear program. However, it failed to account for technical surprise, and it is likely the missile estimate failed to do so as well. In 1998 virtually every intelligence agency in the world was surprised when North Korea launched a three-stage ICBM. In 2003 the unraveling of (some of) the A.Q. Khan network revealed how private individuals could essentially proliferate nuclear weapon technology to any country with cash. The point is that a significant surprise – such as North Korean or private-network assistance, could propel Iran to an ICBM capability far sooner than the intelligence currently suggests. The third site would have provided valuable insurance against this possible eventuality.

Third, the allies’ defense. True, the administration is pledging to deploy some missile defenses, like terminal-intercepts, but this is a far cry from the planned midcourse-intercept system that could have provided coverage of virtually all of Europe. Terminal systems have a small “footprint” that can only cover smaller areas, like a city. In a must read letter to the Obama administration, current and former leaders of Central and Eastern Europe basically ask not to be forgotten or sacrificed. They state “all is not well in our region or in the transatlantic relationship…storm clouds are starting to gather on the foreign policy horizon… [Russia] at a regional level and vis-a-vis our nations, increasingly acts as a revisionist [power].” They worry that Russia’s intimidation and influence-peddling will lead to a neutralization of their region.

Regarding the missile defense site, they pointedly write that “regardless of the military merits of this scheme and what Washington eventually decides to do, the issue has become a symbol of America’s credibility and commitment to the region… The small number of missiles involved cannot be a threat to Russia’s strategic capabilities, and the Kremlin knows this. We should decide the future of the program as allies and based on the strategic pluses and minuses of the different technical and political configurations.” They conclude on this subject that “abandoning the program entirely or involving Russia too deeply in it without consulting Poland or the Czech Republic can undermine the credibility of the U.S. across the whole region.” Central and Eastern Europe would know about Russia’s operations. They lived under their iron boot for generations.

Finally, the Russian problem. The Russians have protested loudly to the planned third site since it was first announced, despite the fact it is only 10 defensive interceptors that would be incapable of countering one SS-18 or even catching up with its missiles if they headed out over the polar routes. Once again, our allies understand the situation: “When it comes to Russia, our experience has been that a more determined and principled policy toward Moscow will not only strengthen the West’s security but will ultimately lead Moscow to follow a more cooperative policy as well.” This would require firmness in negotiations with Putin and Medvedev.

The third site was likely the price the Obama administration figured it could pay to get Russian assistance on sanctions against Iran and in order to conclude the START follow-on. If anyone is convinced the Russians can exert the leverage to make the Iranians comply with their obligations (forget the UN Security Council, China will still block that), they have not been paying attention. Short of a crippling cut-off of all gasoline imports or nuclear reactor fuel from Russia, Iran is unlikely to even consider talks about its nuclear program. As I stated in a previous post, linking the new START to removal of the missile defense site from Europe would be unacceptable. Linking offensive and defensive weapons is walking right back into the Cold War paradigm the Clinton and Bush administrations did so much to end.

This is perhaps the administration’s worst foreign policy action to date. It delays deployment of a real capability that could not only defend European allies but also the eastern United States from Iranian missiles. It cannot be viewed as anything other than backing away from commitments made to Central and Eastern European allies and ignoring their legitimate concerns. The Senate should reject ratification of the START follow-on treaty and mandate the deployment of the planned missile defenses as the price for their support. Given this decision and the administration’s likely objection to warhead modernization, it will be hard to get 67 votes to ratify START.

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9-11

Never Forget.

When peace, like a river, attendeth my way,
When sorrows like sea billows roll;
Whatever my lot, Thou has taught me to say,
It is well, it is well, with my soul.

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