Nuclear Issues

Christopher Ford, John Harvey, Franklin Miller, Keith Payne, and Bradley Roberts respond to Scott Sagan and Allen Weiner’s spring 2021 article, “The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine.”

To date, the U.S. government has not declared that it no longer reserves a purported right to target civilians by way of reprisal, in response to an unlawful attack against U.S. or allied civilians. As we have argued elsewhere, and as Adil Haque recently called on the Biden administration to do, it is time for the United States to acknowledge that customary international law today prohibits targeting civilians in reprisal for an adversary’s violations of the law of war.

When properly applied, the key principles of the law of armed conflict have a profound impact on U.S. nuclear doctrine. Specifically, it would be unlawful for the United States to intentionally target civilians, even in reprisal for a strike against U.S. or allied civilians.

International concern over nuclear terrorism has grown during the past few decades. This has driven a broad spectrum of efforts to strengthen nuclear security globally, including the widespread adoption of radiation-detection technology for border monitoring. Detection systems are now deployed at strategic locations for the purported purpose of detecting and deterring the smuggling of nuclear and radioactive materials. However, despite considerable investment in this area, few studies have examined how these programs are implemented or the operational challenges they face on a day-to-day basis. This article seeks to address this with a focus on radiation-detection efforts at maritime facilities. Utilizing practitioner interviews and a survey, this article identifies the factors that influence the planning and use of these systems in this fast-moving environment. The results clearly demonstrate that the implementation of these systems varies significantly across different national and organizational contexts, resulting in a fragmented global nuclear-detection architecture, which arguably undermines efforts to detect trafficked nuclear-threat materials. Greater consideration should therefore be given to developing international standards and guidance, designing and adopting tools to support key parts of the alarm assessment process, and broader sharing of good practice.