Twilight of the NPT?

The nuclear non-proliferation treaty belongs to that venerable tradition in the Atlantic world of unequal agreements: those which—in their very texts, rather than just in their effects—give extraordinary benefits and liberties to one set of states while constraining the freedom of action and rights of others. Yet it has been remarkably successful since 1970 in attracting the adherence of the overwhelming majority of countries. Most surprisingly, the one that has benefited most from its terms—the United States—has been most vigorously attempting to undermine the npt regime over the last eight years, generating a major crisis in the efforts to limit the spread of nuclear weapons through international cooperation.

As Norman Dombey’s essay in this issue so vividly demonstrates, the npt was constructed through us–Soviet negotiations in the 1960s to prevent non-weapon states from acquiring an arsenal, while leaving existing weapon states a free hand to develop and deploy—indeed, use—nuclear weapons as they saw fit.footnote¹ Beyond a purely rhetorical commitment to negotiate disarmament, no restraints were put on them at all. By 1992, once the five permanent members of the un Security Council—all nuclear powers—had joined, formidable instruments became available to enforce these unequal provisions. Any other country seeking to acquire nuclear weapons could now be referred for judgement before the unsc, on the charge of posing a threat to peace under Chapter Seven of the Charter. This also allows the Permanent Five to legally bind all un member states to action—up to and including military attack—against the state in question. This threat would be particularly potent against states that had ratified the npt, and thus submitted their nuclear facilities to inspection by the International Atomic Energy Agency. A weapons programme would be a direct violation of their obligations under the Treaty; thus referral to the unsc would become a predictable institutional outcome of the npt regime.

The Treaty was signed and ratified only after the Permanent Five had acquired their nuclear weapons—in the case of Britain and France, to preserve their great-power status; in the case of the Soviet Union and then China, to acquire a nuclear-deterrent capacity against the United States. The npt was designed to lock the rest of the world into accepting the Permanent Five’s special rights. Why, in such circumstances, was the npt regime able to persist, enlarge its membership and fulfil so many of its inequitable goals, not only during the Cold War, but even after? One answer would be that most of the states who had the industrial and technological capacity to build both a nuclear bomb, and the vehicle to transmit it, were already offered protection from nuclear or conventional attack by one of the two superpowers during the Cold War.

States that persisted in their efforts to achieve nuclear-weapon status were those that faced security challenges but could not expect guaranteed protection from a superpower: Israel, in its struggle with the Arab states in the 1950s and 1960s, before the us decisively committed itself to Israeli military security; apartheid South Africa, repeatedly at war in Africa (and indeed, suffering defeats at the hands of Cuban forces in Angola in the 1970s); India, after its defeat by China in the border war of 1962; followed by Pakistan, in response to the threat from India. This explanation for the rarity of moves to circumvent or flout the npt would also cover the cases of North Korea and Iraq. The former was neither a Russian nor a Chinese satellite, and could not rely on them for ultimate security even during the Cold War, when it faced aggression from both South Korea and the us. Iraq under the Ba’ath also faced grave military threats, not only from the Western powers but also from Israel and Iran, and could not count on superpower protection. But it had the financial resources for a nuclear-weapons programme. Conversely, the majority of states have not perceived themselves to be facing such dire military threats as to warrant the acquisition of nuclear arms. Even those with strong traditions of retaining complete autonomy over their security, such as Sweden or Brazil, have refrained from adopting such a course.

Yet absence of military threat may not fully explain the apparent achievements of the npt regime. Another element of the explanation may be that its success has been much more partial than it seems. The Treaty contains a grey zone between a state being an industrial nuclear power, in the civilian field, and being a nuclear-weapon state. It treats these two statuses as polar opposites: industrial proliferation is actually encouraged, while the cross-over to armaments is outlawed. In practice, no such gulf exists between the two: civilian nuclear power is the necessary threshold for acquiring nuclear-weapon capabilities. This has no doubt ensured that countries such as Germany and Japan—though deeply critical of aspects of the asymmetrical npt regime—have been prepared to go along with it, for they cannot be described simply as non-weapon states. They would be better termed ‘threshold’ states, which remain within the terms of the Treaty but could, like a number of other formally non-weapon states, transform very swiftly indeed into full-fledged nuclear powers.

This grey zone is combined with the Treaty’s blinkered focus exclusively upon the industrial side of nuclear arms: it has nothing to say about delivery vehicles—that is, missile capabilities. Thus, threshold states can proceed under the terms of the Treaty to develop even intercontinental ballistic missiles without sanction. Nor does the so-called Missile Technology Control Regime serve to block them doing so. The mtcr is an informal club, established in 1987, to prevent diffusion of technology for missiles capable of delivering nuclear warheads—specifically, those able to carry a payload of 500kg at least 300 kilometres. The club’s founders consisted precisely of those developed states which possessed such technologies, namely Canada, Germany, Italy, Japan, the United Kingdom, France and the United States. The first four names are indicative: formally non-nuclear powers, but in reality threshold states with advanced missile technologies. The list of members has now grown to 34, of which 19 are in the European Union. Another 10 are us allies; Russia joined the club in 1995. Not a single country from the global South holds membership.

In short, beneath the headline picture of the npt anchoring the monopoly of nuclear-weapon states, we find a second layer of reality: a regime, including the mtcr, which has enabled a substantial number of rich countries, allied to the us, to become threshold states with advanced missile technologies. Alongside these there is a third reality: a sustained effort by the North, plus Russia, to block the possibility of states in the global South acquiring deterrence capability. This pattern is replicated by other organizations that form part of the overall counter-proliferation regime, such as the Nuclear Suppliers Group. This was created in 1975 on us initiative, in the face of India’s nuclear-weapons programme.