Implications of South Asian Nuclear Developments for U.S. Nonproliferation Policy Nuclear dynamics in South Asia

Similar documents
THE INSTITUTE OF STRATEGIC STUDIES ISLAMABAD, PAKISTAN

STATEMENT. H.E. Ms. Laila Freivalds Minister for Foreign Affairs of Sweden

Summary of Policy Recommendations

Arms Control Today. The U.S.-India Nuclear Deal: Taking Stock

Implementing the Treaty on the Non-Proliferation of Nuclear Weapons: Non-proliferation and regional security

Nuclear Energy and Proliferation in the Middle East Robert Einhorn

Documents & Reports. The Impact of the U.S.-India Deal on the Nonproliferation Regime

and note with satisfaction that stocks of nuclear weapons are now at far lower levels than at anytime in the past half-century. Our individual contrib

2010 Review Conference of the Parties to the Treaty on the Non- Proliferation of Nuclear Weapons 3 May 2010

Institute for Science and International Security

Resolution adopted by the General Assembly. [on the report of the First Committee (A/58/462)]

Interviews. Interview With Ambasssador Gregory L. Schulte, U.S. Permanent Representative to the In. Agency

Group of Eight Declaration on Nonproliferation and Disarmament for 2012

Critical Reflections on the Treaty on the Non-Proliferation of Nuclear Weapons

in regular dialogue on a range of issues covering bilateral, regional and global political and economic issues.

2000 REVIEW CONFERENCE OF THE PARTIES TO THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS FINAL DOCUMENT

Ontario Model United Nations II. Disarmament and Security Council

Resolution adopted by the General Assembly on 7 December [on the report of the First Committee (A/70/460)]

Adopted by the Security Council at its 6191st meeting, on 24 September 2009

Indian Unsafeguarded Nuclear Program: An Assessment

International Symposium on the Minimisation of HEU (Highly-Enriched Uranium) in the Civilian Nuclear Sector

Nuclear doctrine. Civil Society Presentations 2010 NPT Review Conference NAC

Permanent Mission of Japan to the United Nations

EXISTING AND EMERGING LEGAL APPROACHES TO NUCLEAR COUNTER-PROLIFERATION IN THE TWENTY-FIRST CENTURY*

NPT/CONF.2020/PC.II/WP.33

DECISIONS AND RESOLUTION ADOPTED AT THE 1995 NPT REVIEW AND EXTENSION CONFERENCE

Unjamming the FM(C)T

2010 Non-Proliferation Treaty (NPT) Review Conference: Key Issues and Implications

A GOOD FRAMEWORK FOR A GOOD FUTURE by Jonathan Granoff, President of the Global Security Institute

Chapter 18 The Israeli National Perspective on Nuclear Non-proliferation

TOWARD A NUCLEAR SUPPLIERS GROUP POLICY FOR STATES NOT PARTY TO THE NPT

THE CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES

GR132 Non-proliferation: current lessons from Iran and North Korea

Re: Appeal and Questions regarding the Japan-India Civil Nuclear Cooperation Agreement

THE 2017 SUBSTANTIVE SESSION OF THE UNITED NATIONS DISARMAMENT COMMISSION

MONGOLIA PERMANENT MISSION TO THE UNITED NATIONS

IAEA GENERAL CONFERENCE. 28 September 2005 NEW ZEALAND STATEMENT. I would like first to congratulate you on assuming the Presidency of this year's

Preparatory Committee for the 2020 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) - EU Statement

"Status and prospects of arms control, disarmament and non-proliferation from a German perspective"

Eighth United Nations-Republic of Korea Joint Conference on Disarmament and Non-Proliferation Issues

"The Nuclear Threat: Basics and New Trends" John Burroughs Executive Director Lawyers' Committee on Nuclear Policy, New York (

Center for Security Studies A Nuclear-Free Zone for the Middle East 26 May 2016 By Sameh Aboul-Enein for NATO Defense College (NDC)

NPT/CONF.2015/PC.III/WP.29

The Non-Aligned Movement (NAM) Database


Address by Russian Minister of Foreign Affairs Sergey Lavrov at Plenary Meeting of Conference on Disarmament, Geneva, March 7, 2009

AGENCY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA AND THE CARIBBEAN

NPT/CONF.2005/PC.II/25

KAZAKHSTAN. Mr. Chairman, We congratulate you on your election as Chair of the First Committee and assure you of our full support and cooperation.

Building public confidence in nuclear energy (I)

-eu. Address by. H.E. Ahmed Aboul - Gheit. Minister for Foreign Affairs of the Arab Republic of Egypt. before

United States Statement to the NPT Review Conference, 3 May 2010 US Secretary of State Hillary Clinton

MODEL DRAFT RESOLUTION

STATEMENT. by Mikhail I. Uliyanov

ESPANA INTERVENCION DEL MINISTRO DE ASUNTOS EXTERIORES Y DE COOPERACION EXCMO. SENOR DON MIGUEL ANGEL MORATINOS

ACT: Are you speaking of getting a consensus document as was done at the last Review Conference?

IAEA 51 General Conference General Statement by Norway

NPT/CONF.2020/PC.II/WP.30

of the NPT review conference

DISARMAMENT. Non-Aligned Movement (NAM) Disarmament Database

Outcome of IKV Pax Christi Recommendations to the 2010 NPT Review Conference

An Analysis of the Indo US Civil Nuclear Cooperation Agreement (2005)

Strengthening the International Non-Nuclear Non-Proliferation Regime: Promoting a Successful NPT Review Conference in 2010

2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons

Brazil, Egypt, Ireland, Mexico, New Zealand and South Africa: draft resolution

Bernard Laponche April 29, 2016

Luncheon Address. The Role of Nuclear-Weapon-Free Zones in the Global Nuclear Non-Proliferation and Disarmament Regime.

United Nations General Assembly 60 th Session First Committee. New York, 3 October 3 November 2005

Feasibility Analysis of Establishing Multilateral Nuclear Approaches (MNAs) in the Asian Region and the Middle East

STATEMENT By Mr. Gideon Frank, Director General Israel Atomic Energy Commission At the International Atomic Energy Agency 47 th General Conference

I ntroduction to Nuclear Law

THE TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS: IMPLICATIONS FOR SWEDEN S IMPORTS AND EXPORTS OF NUCLEAR MATERIAL AND ITEMS

The Non- Aligned Movement (NAM) Database

NPDI MATTERS. Recommendations to States Parties for the April 2013 Ministerial

Tuesday, 4 May 2010 in New York

Nuclear Stability at Lower Numbers: The South Asian Challenge The Cosmos Club, Washington, D.C. May 2 3, Conference Summary

North Korea and the NPT

A BASIC/ORG project. 05Breakthrough. The Non-Proliferation Treaty Review Conference. or Bust in 05?

Ambassador Dr. Sameh Aboul-Enein. Ronald Reagan Building - Washington DC

The Government of the United States of America and the Government of the United Arab Emirates,

AS DELIVERED. EU Statement by

Controlling the Absolute Weapon : international authority and the IAEA

U.S. Nuclear Cooperation with India: Issues for Congress

2 May Mr. Chairman,

Statement by. H.E. Muhammad Anshor. Deputy Permanent Representative. Permanent Mission of the Republic of Indonesia. to the United Nations

Arms Control in the Context of Current US-Russian Relations

The Non-Aligned Movement (NAM) Database

The Non-Aligned Movement (NAM) Database

Letter dated 22 November 2004 from the Permanent Representative of Israel to the United Nations addressed to the Chairman of the Committee

U.S. Nuclear Cooperation with India: Issues for Congress

India-Specific Safeguards Agreement

Vienna, 2-12 May Check against delivery - PERMANENT MISSION OF PORTUGAL VIENNA

Global Security Institute

Working Group 1 Report. Nuclear weapons and their elimination

Report on the national implementation of the Action Plan agreed upon in the

The Permanent Mission of the Libyan Arab Jamahiriya to the United Nations

Dr. Sameh Aboul-Enein Budapest, June, 2012

U.S. Nuclear Cooperation with India: Issues for Congress

United action towards the total elimination of nuclear weapons

Adopted by the Security Council at its 6141st meeting, on 12 June 2009

Transcription:

Implications of South Asian Nuclear Developments for U.S. Nonproliferation Policy Sharon Squassoni Senior Fellow and Director, Proliferation Prevention Program Center for Strategic & International Studies July 12, 2016 Although the United States has consistently advocated halting the proliferation of nuclear weapons globally for more than four decades, its implementation of nonproliferation policy has at times been held hostage to regional priorities and other foreign policy priorities. A key question for practical policy formulation is how U.S. nonproliferation policy can be configured to accommodate regional circumstances within a global regime without losing focus on nonproliferation objectives. This paper argues broadly that global approaches to nuclear nonproliferation are still preferable, and specifically that objectives should be redefined toward a policy of enhancing nuclear security and away from traditional notions of nonproliferation. Nuclear dynamics in South Asia The current developments regarding fissile material production, numbers, capabilities, platforms, and concepts for using nuclear weapons in South Asia are inherently destabilizing. Both India and Pakistan have increased production of fissile material for nuclear weapons and are developing new platforms and doctrines for using nuclear weapons. This spiral of increasing capabilities makes multilateral nuclear arms control unlikely for the foreseeable future. In this context, waiting for movement on global measures like a Fissile Material (Cutoff) Treaty or ratification of the Comprehensive Nuclear Test Ban Treaty (CTBT) is riskier than attempting to find regional solutions. Under President George W. Bush, the U.S. government simultaneously sought global restrictions on uranium enrichment and spent fuel reprocessing in response to revelations about the nuclear black market developed by Pakistani scientist A.Q. Khan, while undermining global restrictions on enrichment and reprocessing that developed as a

response to India s 1974 nuclear test. In its support for creating an exception to the Nuclear Suppliers Group (NSG) guidelines ban on trade with non-npt member states for India, the Bush administration miscalculated Pakistan s response and China s support of Pakistan. A regional approach would seek to balance capabilities, interests, and threats, but all the Bush administration managed to do was to favor one country over the other. In doing so, it arguably contributed to a fissile material production race in South Asia. Extending nuclear cooperation to India allowed India to use its domestic uranium for weapons programs while importing uranium to fuel its electricity reactors and gave Pakistan a convenient excuse for ramping up its fissile material production for weapons. What s more, the U.S.-India deal did little to bring India into the mainstream of nonproliferation, a publicly stated objective of the Bush administration. While India is observing nonproliferation regime guidelines like Australia Group, Missile Technology Control Regime (MTCR), and NSG guidelines, and is abiding by a nuclear test moratorium, there is only the smallest likelihood that India will really get behind a Comprehensive Test Ban Treaty (CTBT) and a Fissile Material Cutoff Treaty (FMCT) on its own. In addition, its tepid support for nuclear security and its anemic Additional Protocol speak volumes about its commitment to the nonproliferation regime. Because it views China as its adversary, India likes the decoupling from Pakistan, which allows it more flexibility to build up to China s capabilities. Unfortunately, this gives Pakistan every incentive to develop ever-more destabilizing capabilities. For its part, Pakistan obviously doesn t like the decoupling and wants for itself what India has received, particularly an exemption from NSG guidelines. At same time, Pakistan is heavily engaged in destabilizing fissile material production, development of tactical nuclear weapons, and destabilizing nuclear weapons use policies, including developing the potential to use tactical nuclear weapons to de-escalate a conventional conflict it could not possibly win. Global U.S. nuclear nonproliferation objectives In general, U.S. nuclear nonproliferation objectives include reducing the security and nonproliferation risks of nuclear material and capabilities through support and

strengthening of international regimes. This includes the Nuclear Nonproliferation Treaty (NPT), the Nuclear Suppliers Group (NSG), nuclear-weapon-free-zones (NWFZs), UN resolutions, and the International Atomic Energy Agency (IAEA). Although the United States has long advocated universal membership in the NPT, this goal is impractical. In practice, the United States cannot hope to achieve universal membership of the NPT, not just because India and Pakistan refuse to join the NPT as non-nuclear weapon states (NNWS), but also because of Israel and North Korea. In short, the rollback of the nuclear weapons programs of Israel, India, and Pakistan is all but forgotten, and policymakers are rapidly moving in that direction with respect to North Korea. One question that U.S. policymakers have probably not asked themselves is whether participation by India and/or Pakistan would strengthen or weaken the Nuclear Suppliers Group. NSG membership at this point seems like a bargaining chip, but it is not clear what the quid pro quo is. Public statements from Indian officials give the impression that NSG membership is the natural outcome of the 2008 NSG exemption. It is entirely unclear how this position evolved, however, since membership was not openly discussed in the run-up to the 2008 exemption. Another key U.S. global nonproliferation objective that is relevant to South Asia is the goal of limiting the spread of enrichment and reprocessing capabilities through a variety of policy tools. Equally, if not more important, is the negotiation of a treaty to halt the production of fissile material for weapons (FMT) and a comprehensive nuclear test ban treaty (CTBT) to limit nuclear weapons capabilities (both also have disarmament benefits, especially if FMT includes stocks). A fissile material treaty may be the only way to get all enrichment and reprocessing in India and Pakistan under international safeguards. For context, consider that the 2006 Hyde Act described U.S. nuclear nonproliferation objectives as follows: Oppose development of a capability to produce nuclear weapons by any NNWS, within or outside the NPT; Encourage NPT parties to interpret NPT Article IV rights as applying only when consistent with nonproliferation objectives and safeguards compliance;

Adhere to NSG guidelines; Strengthen NSG guidelines/decisions; Further restrict enrichment and reprocessing, including to India; and Prevent nuclear trade to countries if such trade violates our own laws. U.S. nonproliferation objectives with respect to South Asia As noted above, rolling back Indian and Pakistani nuclear weapons programs is no longer a practical nonproliferation objective for U.S. policy. Instead, U.S. policy is likely to focus on keeping India and Pakistan from further proliferating their WMD capabilities through bilateral pressure (e.g., export controls) or assistance. Another goal is to keep India and Pakistan from developing regionally destabilizing nuclear capabilities and approaches (doctrine). In more traditional terms, this would be called stemming vertical proliferation. Nonetheless, U.S. policy still seems to support capping Indian and Pakistani WMD capabilities via halting fissile material production for weapons (FMT) and nuclear testing (to include transparency, CBMs, treaties, etc.). And finally to this agenda we may add bringing India into the nonproliferation mainstream. Looking ahead, the U.S. agenda should at least encourage India to be a responsible nuclear supplier if it seeks to export civil nuclear technologies and/or equipment. This could include some uncomfortable conversations about the desire not to export the heavy water moderated reactors that are the staple of India s domestic nuclear power program. Should India realize its goal of commercially deploying fast breeder reactors, discussions about responsible supply there should also be a U.S. objective. Interestingly enough, the 2006 Hyde Act also described objectives for U.S. nonproliferation policies specifically towards South Asia. (These are condensed and shortened for clarity here). Those that are marked by an asterisk (*) have not been met. Achieve a moratorium on fissile material production by India, Pakistan, and China;* Conclude a treaty at the earliest possible date to ban the production of fissile material for nuclear weapons, which the U.S. and India would join;*

Secure India s full participation in the Proliferation Security Initiative (PSI) and commitment to Statement of Interdiction;* Get India to publicly announce its conformity to export control laws, regulations, and policies of Australia Group and Wassenaar Arrangement; Get India to ratify the Convention on Supplementary Compensation for Nuclear Damage; Get India to fully support/participate in U.S. nonproliferation efforts vis-à-vis Iran Seek to halt increase of nuclear weapon arsenals in South Asia and to promote their reduction and eventual elimination;* Ensure that India s nuclear spent fuel is not returned to United States; Encourage India not to increase its production of fissile material at unsafeguarded facilities.* Beyond certain safeguards requirements (e.g., separation plan, Additional Protocol), the Hyde Act actually required India to do the following before the exemption would go into effect: Active work on early conclusion of FMCT Work/support the United States on efforts to prevent the spread of enrichment and reprocessing Enact/enforce comprehensive export controls, harmonize with MTCR and NSG, adhere to MTCR and NSG. It is fairly clear that no one verified that Indian efforts in these areas met the Hyde Act requirements before Congress acted again to endorse the U.S.-India nuclear deal. Role of China in this mix Given the triangular dimension of China in the South Asian nuclear equation, it is hardly surprising that U.S. policy should focus on how China could help or hurt efforts to meet nonproliferation objectives there. U.S. policy has focused on keeping pressure on China to curtail trade with Pakistan that improves its nuclear weapon delivery systems (e.g., submarines), and getting China to adhere to NSG guidelines regarding nuclear supply to

Pakistan. However, the seriousness of those efforts is hard to discern from outside government. What is clear, however, is that the United States last year rewarded China with a renewed 123 agreement (nuclear cooperation agreement) that grants consent to reprocess, despite China s blatant violation of NSG guidelines in continuing and expanding its nuclear trade with Pakistan. Accommodating regional circumstances within a global regime There is nothing in the NPT that precludes regional approaches to nonproliferation, arms control, or disarmament. In fact, Article VII of the treaty states that Nothing in this Treaty affects the right of any group of States to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories. Although considered a relative backwater of mainstream nonproliferation policy, nuclear weapons free zones have played an important role in some regions to provide additional assurances (e.g., Treaty of Tlatelolco). Bilateral safeguards agreements like the Argentine-Brazilian Accounting Agency (ABACC) are less prevalent, although ABACC is often trotted out as a model for emulation. U.S.-Russian arms control has, for decades, acted as a stand-in for the first step towards nuclear disarmament, both for practical and symbolic reasons. In some respects, the NSG exemption for India proves the point that in some cases, bilateral agreements may have to precede changes in global norms. For example, the U.S.-India deal was absolutely a prerequisite for creating an exception to NSG guidelines for India. Finally, there have been many examples in the past of efforts to encourage transparency, confidence-building measures, and or voluntary measures as a stepping stone toward longer-term results. In my view, however, a regional NWFZ in South Asia or a bilateral arms control agreement between India and Pakistan is not in the cards. It is hard to see how a U.S.-Pakistani nuclear deal could support U.S. nonproliferation objectives either in the region of South Asia or globally.

Other Options As we approach the fiftieth anniversary of the NPT (in 2020), there is likely to be significant dissatisfaction with the grand nuclear bargain of nonproliferation for nuclear disarmament. While the NPT has been successful in its nonproliferation quest, the treaty has had no impact at all on disarmament. Although neither India nor Pakistan engage in these discussions, India s criticism of the NPT as a discriminatory treaty is well-known. One approach to folding India and Pakistan into global norms is to abandon the traditional distinctions between nuclear arms control, nonproliferation, and disarmament, and change the way we talk about these issues. In framing the debate in terms of nuclear risk reduction, it may be possible to make smaller but more tangible progress, putting aside criticisms of discrimination in the nonproliferation regime. Two small steps would be for India and Pakistan to start reporting on civil plutonium holdings under INFCIRC/549 and for centers of nuclear security excellence in both countries to engage in cooperation and collaboration on training. Although a fissile material treaty is potentially far off into the future, the participation of Pakistan and Indian (and Chinese) scientists in international efforts regarding verification of fissile material stocks would be a welcome development. Sharon Squassoni, 2016. Do not distribute or quote without permission by the author.