Nuclear Issues

Over the past two decades, the United States has increasingly turned to targeted sanctions and export restrictions, such as those imposed against Iran and North Korea, in order to curb the spread of weapons of mass destruction. One vexing problem, however, is how to contend with jurisdictional hurdles when the violations occur overseas, in countries that are unable or unwilling to assist US enforcement efforts. To solve this problem, US prosecutors are turning to strategies with significant extraterritorial implications—that is, exercising legal authority beyond national borders. One such tool is to use civil legal procedures to seize assets linked to sanctions or export-control violations in jurisdictions that lack cooperative arrangements with US enforcement agencies. While this may be an attractive strategy to bolster enforcement efforts against overseas illicit procurement, using such tools is not without consequence. This article explores the political, legal, and technical implications of enforcing extraterritorial controls against overseas non-state actors by exploring the recent uses of civil-asset forfeiture against Iranian and North Korean procurement networks.

Since the 1979 revolution, Iran has sought to illicitly procure parts for the U.S. origin fighter aircraft sold to the country under the rule of the Shah. The U.S. has taken steps to quash this trade—these efforts have constituted a relatively large proportion of U.S. export control enforcement over the past near-to-four decades. 

Scholars have argued that acquiring nuclear weapons should allow states the luxury of exiting conventional arms races. In turn, a decreased budgetary focus on conventional arms should make possible greater spending on social welfare. The author contests this logic of nuclear substitution by examining its most likely exponent, Pakistan. As a poor, underdeveloped state, a nuclear Pakistan should have welcomed the opportunity to cease its arms race with India, and spend greater sums on its population's welfare. Instead, the article shows that Pakistan has doubled down on its pre-nuclear conventional posture, mainly because of its revisionism over Kashmir.

Weapons of mass destruction (WMDs) are not suitable for the Iranian Army, given its non-mechanized nature; its defensive military posture; its current status as a non-nuclear weapon state; and its sufficient conventional preparation to meet its protective security interests. This paper proposes three interlinked policy approaches to resolve the current impasse.

John S. Park, Stanton Nuclear Security Junior Faculty Fellow at the Massachusetts Institute of Technology and Project on Managing the Atom Associate, argues that cooperation between North Korea and Iran has been a critical—yet underexamined—enabler of North Korea's recent success. He concludes that the time has come for the United States to view the two previously independent missile programs as two sides of the same coin and recommends strategies for disrupting the procurement channels between Iran and North Korea.

"...[E]xtremist elements in Pakistan have a clear incentive to precipitate a crisis between India and Pakistan, so that Pakistan's nuclear assets become more exposed and vulnerable to theft. Terrorist organizations in the region with nuclear ambitions, such as al-Qaida, may find no easier route to obtaining fissile material or a fully functional nuclear weapon than to attack India, thereby triggering a crisis between India and Pakistan and forcing Pakistan to ready and disperse nuclear assets—with few, if any, negative controls—and then attempting to steal the nuclear material when it is being moved or in the field, where it is less secure than in peacetime locations."

"Some form of negotiated agreement, if it can be achieved, is the “least bad” option for U.S. interests—but is likely to have to include some continuing enrichment in Iran. There are real security risks in agreeing to permit some ongoing enrichment in Iran, but if appropriately managed, these security risks are less than those created by a military strike or allowing Iran to continue unfettered enrichment with no agreement."

Matthew Fuhrmann's article "Spreading Temptation: Proliferation and Peaceful Nuclear Cooperation Agreements," was published by in the Summer 2009 issue of International Security. In his article, Dr. Fuhrmann argues "Peaceful nuclear cooperation—the transfer of nuclear technology, materials, or know-how from one state to another for peaceful purposes—leads to the spread of nuclear weapons. With a renaissance in nuclear power on the horizon, major suppliers, including the United States, should reconsider their willingness to assist other countries in developing peaceful nuclear programs."

Hui Zhang re-examines the North Korean explosion on October 9, 2006. His research suggests that the test was likely not a failure if Pyongyang had planned for a yield of 4 kt, as it told Beijing prior to the event.

"How has a state whose founding fathers were secular people who believed in rule of law and democracy drifted toward religious extremism and authoritarianism? Three primary factors—variations on the Triple A theory of influence (Allah, the Army, and America)—have led Pakistan down this path: a powerful independent military, the mushrooming of religious militant groups, and the hydra-headed monster that is the intelligence services."