CentreForum Trident Report

(Shameless self promotion, I know... deal with it!)

Forgive my lack of posting - I've been totally consumed by getting CentreForum Trident paper finished. And now it is - you can get it here - and there's been lots of interesting media coverage. I'm deeply indebted to many people - the acknowledgements are there for a reason - but the one I most liked was from the UK communist Morning Star; only the comrades know the truth. (NB Irony Alert!) We also made the wonderful ArmsControlWonk - with thanks to Dr. Jeffrey Lewis.

Normal service will be shortly be resumed...

Strategic Thinking on Trident Part I - Why?

 

(RNAD Coulport - where the UK's nuclear weapons are stored before being mated to Trident missiles)

What should the UK's future policy be on replacing of Trident? And how should the IAEA's November 2011 report on Iran affect the UK's position?

These aren't easy questions, going as they do to the core of what the UK's role in the world is / should be over the next 30 years, and what the British people are prepared to pay for this role. Indeed, if the last 30 years are any guide to the next 30, then UK politicians will find it far too easy to ignore the cost of their global ambitions, and in effect hoping that their unfunded strategic bluff will never get called.

Indeed, this was British policy in the 1920s under the so-called "10-year Rule", which postulated in Professor Vernon Bogdanor's words, "that they should plan on the assumption there would not be a war for the next 10 years because the view was that large armaments led to war - this was only abandoned in 1932." Helpfully, the 10-year rule was also much cheaper than rearmament. And arguably, (Afghanistan aside), the UK's 2010 Strategic Defence and Security Review (SDSR) has in effect attempted to reinstitute the 10-year rule with a strong focus on what it calls "Future Force 2020", in which painful cuts today will, in the words of the RAF PR machine lead to:

"The longer-term vision for the make up of our military – Future Force 2020 – will be secured by this one-per-cent-a-year real terms increase in the planned equipment and equipment support programme."

Except that there is little confidence that the money required is available, given that at the beginning of the SDSR process there was at least a £42bn hole in MoD's procurement finances in the period to 2020. Helpfully, much of the capital spending on the Trident spending would occur just beyond this horizon, and is thus helpfully excluded. Hence, a more realistic assessment of the position is that it is even more unhealthy than this looks.

The time for such a muddled "strategy" - if it ever existed - is well and truly over. Instead, what is required is a careful assessment of the what role the UK wants to play internationally, and how it should go about getting there from here - accepting that "here" is not an optimal starting point. Moreover, given that it will cost at least £25 - £30bn in capital spend between now and 2025, the replacement for Trident has a central role to play in any such discussion - something that Dr. Liam Fox MP as the Secretary of State for Defence at the time of SDSR explicitly overruled by insisting that Trident would be replaced (and implicitly, whatever other cuts were required would be borne to protect the Trident programme.) As we've seen, the required cuts were deep, wide-ranging and rushed: it is therefore of little surprise that in the next decade Britain's conventional forces will become dangerously unbalanced (e.g., an RN capable of deployed a carrier battle group sans aircraft, but only if they stopped doing almost anything else; no fixed-wing maritime patrol assets to support maritime ops; 14 extremely expensive PFI air-refuelling tankers and down to 8 squadrons of fast jets. And this is before we get to the Army...).

So what? And more importantly, so what about Trident?

Well, it's difficult. We'll come to that in Part II. But here's a teaser....

 

(USS Ohio SSBN-726 undergoing SSGN conversion. 

Note the former Trident tubes open behind the sail)

NPT Article VI

(IAEA, guardian and enforcer of the much sinned-against NPT)

Well, the good news is that the trial is over, and normal service is being resumed; the present status flag will move from Vermont, but I expect that it will be back reasonably soon.

As I mentioned a week or so ago, some new work is being kicked off on the British replacement of Trident, with an initial focus on the legal issues surrounding the strange case of the extra comma. Let's pick up the analysis of the Nuclear Non-Proliferation Treaty (NPT) Article VI from where we left off - looking at Daniel Joyner's new book "Interpreting the Nuclear Non-Proliferation Treaty". Joyner's book came in for some reasonably trenchant criticism, which in my view makes it all the more interesting.

It is.

Joyner's argument is beguilingly based on the Vienna Convention on the Law of Treaties (VCLT) - the Treaty that governs how to interpret Treaties. His (altogether unremarkable) conclusion is that a straight reading of the NPT and it's negotiating history is that as a document it takes the form of three pillars - non-proliferation (Articles I, II and III), peaceful use of nuclear energy (Articles IV and V) and disarmament (Article VI). So far, so conventional. What is more radical is the proposition that the NPT was balanced between these pillars, and that Article VI is just as important as Articles I-III. Joyner's most radical work is in his interpretation of what Article VI actually means (it's that pesky comma again).

But that comes later. Joyner's starting point is the nature of the NPT itself - a contractual rather than merely law-making  treaty. In this, Joyner comes to the conclusion that it is the contractual nature of the NPT that provides a key insight into its interpretation; that in making the treaty contractual on a range of differing obligations, it becomes clearer that the Nuclear Weapons States (NWS) owe disarmament obligations to the Non-Nuclear Weapons States (NNWS) in return for the NNWS not pursing their own nuclear weapons programmes (and in the process, locking in their strategic disadvantage / inferiority).

Article VI

Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a Treaty on general and complete disarmament under strict and effective international control.

Joyner goes on to make a strong case that Art VI commitments are not, pace the Bush Administration's Christopher Ford, merely a commitment to pursue negotiations on nuclear disarmament, but that the good faith test pushes things on to a requirement to conclude a nuclear disarmament treaty separately to the general and complete disarmament treaty that is also envisaged in the NPT.

This view also takes the state practice of the NWS should - it would appear on the basis of self-interest - to be weighed against that of the NNWS, and largely discounted because of the self-interest inherent in their position. I don't think that it's possible to go this far. An with respect, I don't see how the the ICJ's Advisory Opinion in the 1996 Nuclear Weapons Case from paragraph 99 onwards can conclude that

"... the legal import of that obligation goes beyond that of a mere obligation of conduct ; the obligation involved here is an obligation to achieve a precise result - nuclear disarmament in all its aspects - by adopting a particular course of conduct, namely, the pursuit of negotiations on the matter in good faith."
Inasmuch as if this was the construction that the drafters had intended, then they could simply have drafted Art VI thus:

Article VI

Each of the Parties to the Treaty agrees to nuclear disarmament, and on a Treaty on general and complete disarmament under strict and effective international control.

The point is that they didn't. Much better, I think is the 2005 Joint Opinion by Professor Christine Chinkin at LSE and Rabinder Singh QC, formerly of Matrix Chambers, who note in paragraph 69 that 

69. The Treaty obligation is thus not to disarm as such, but a positive obligation to pursue in good faith negotiations towards these ends, and to bring them to a conclusion. Good faith is the legal requirement for the process of carrying out of an existing obligation.... 

leading them to conclude in paragraph 74: 

74. Enhancing nuclear weapons systems, possibly without going through parliamentary processes, is, in our view, not conducive to entering into negotiations for disarmament as required by the NPT, article VI and evinces no intention to 'bring to a conclusion negotiations leading to nuclear disarmament in all its aspects'. It is difficult to see how unilateral (or bilateral) action that pre-empts any possibility of an outcome of disarmament can be defined as pursuing negotiations in good faith and to bring them to a conclusion and is, in our view, thereby in violation of the NPT, article VI obligation. 

This instinctively feels like the best balance of the difficult negotiating process and subsequent history of the NPT. And it would make a UK Trident replacement a violation of the NPT, and with it a violation of international law.

Interesting times!