Nuclear Issues

223 Items

FBI agents leaving a raid.

AP Photo/Julio Cortez

Journal Article - Contemporary Security Policy

Going it Alone: The Causes and Consequences of U.S. Extraterritorial Counterproliferation Enforcement

| Mar. 25, 2019

In 2004, the United Nations Security Council adopted resolution 1540, which acknowledged the non-state acquisition of weapons of mass destruction as a security threat and called on member states to implement “appropriate effective” domestic trade controls. The United States, however, has both promoted the multilateral implementation of strategic trade controls but has also increasingly resorted to extraterritorial enforcement of its counterproliferation rules. How can a multilateral, norms-based international regime like 1540 contend with extraterritorial enforcement based on national interests? We argue that increased U.S. extraterritorial counterproliferation policies are a consequence of the inconsistent implementation of resolution 1540, adaptive and resilient proliferation networks, and a history of expanding legal interpretations of jurisdiction. We find that while U.S. extraterritorial enforcement can effectively disrupt networks hiding in overseas jurisdictions, doing so creates disincentives for states to implement 1540 obligations and undermines broader nonproliferation objectives.

FBI agents leave a raid in Trenton, N.J. on July 19, 2012

Julio Cortez/AP

Discussion Paper - Managing the Atom Project, Belfer Center

The Long Arm

| February 2019

The networks of middlemen and intermediaries involved in the illicit procurement of weapons of mass destruction (WMD)-related goods and technologies often operate outside of the United States, which presents several legal and political challenges regarding U.S. trade control enforcement activities. This report considers the extraterritorial efforts of U.S. law enforcement in counterproliferation-related activities and their implications. In other words, how does the United States contend with violations of its weapons of mass destruction (WMD)-related trade controls in overseas jurisdictions, and what are the implications for broader U.S. and international nonproliferation efforts, as well as wider international security and economic concerns? 

Indian Army missile on display in parade

(AP Photo/Manish Swarup)

Journal Article - Quarterly Journal: International Security

India’s Counterforce Temptations: Strategic Dilemmas, Doctrine, and Capabilities

| Winter 2018/19

Since 2003, India has been building its nuclear arsenal beyond what is necessary for a purely retaliatory or minimum deterrence capability. India’s actions could lead to a regional arms race or even the use of nuclear weapons in a war with Pakistan.

A member of the Czech Army takes part in an anti-terrorism drill at the Temelin nuclear power plant near the town of Tyn nad Vltavou, Czech Republic, April 11, 2017.

REUTERS/David W. Cerny

Report - Belfer Center for Science and International Affairs, Harvard Kennedy School

Revitalizing Nuclear Security in an Era of Uncertainty

| January 2019

Nuclear security around the world has improved dramatically over the last three decades—which demonstrates that with focused leadership, major progress is possible. But important weaknesses remain, and the evolution of the threat remains unpredictable. The danger that terrorists could get and use a nuclear bomb, or sabotage a major nuclear facility, or spread dangerous radioactive material in a “dirty bomb,” remains too high. The United States and countries around the world need to join together and provide the leadership and resources needed to put global nuclear security on a sustained path of continuous improvement, in the never-ending search for excellence in performance.

Russian President Vladimir Putin speaks during his annual news conference in Moscow

AP/Alexander Zemlianichenko

Journal Article - Bulletin of the Atomic Scientists

How the Next Nuclear Arms Race Will Be Different from the Last One

| 2019

All the world's nuclear-armed states (except for North Korea) have begun modernizing and upgrading their arsenals, leading many observers to predict that the world is entering a new nuclear arms race. While that outcome is not yet inevitable, it is likely, and if it happens, the new nuclear arms race will be different and more dangerous than the one we remember. More nuclear-armed countries in total, and three competing great powers rather than two, will make the competition more complex. Meanwhile, new non-nuclear weapon technologies — such as ballistic missile defense, anti-satellite weapons, and precision-strike missile technology — will make nuclear deterrence relationships that were once somewhat stable less so.

People at Seoul Train Station watch a a local news program reporting about a North Korean missile launch. Aug. 30, 2017 (Lee Jin-man/Associated Press).

Lee Jin-man/Associated Press

Journal Article - The RUSI Journal

North Korea’s Missile Programme and Supply-Side Controls: Lessons for Countering Illicit Procurement

| Oct. 17, 2018

Despite one of the most extensive sanctions regimes in history, including an embargo on missile technologies, North Korea has taken huge steps forward in its ballistic missile programme. Daniel Salisbury explores the limitations of, and challenges of implementing, supply-side approaches to missile nonproliferation. Considering North Korea’s recent progress and efforts to evade sanctions, the article highlights the continuing need to strengthen efforts to counter illicit trade in missile-related technologies.

Blogtrepreneur/Flickr

Blogtrepreneur/Flickr

Journal Article - Nonproliferation Review

Solving the Jurisdictional Conundrum: How U.S. Enforcement Agencies Target Overseas Illicit Procurement Networks Using Civil Courts

| September 2018

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.

Kuala Lumpur, Malaysia (Azharsofii/Wikimedia).

Azharsofii/Wikimedia

Journal Article - European Journal of International Security

Exploring the Use of 'Third Countries' in Proliferation Networks: The Case of Malaysia

| Aug. 10, 2018

‘Third countries’ are frequently exploited by those involved in networks to transfer proliferation-sensitive technologies, allowing procurement agents to obscure the end user or vendor located in the proliferating state, and to deceive industry, export licensing officials, and intelligence services. While ‘third countries’ frequently feature in illicit transactions, the academic literature exploring the roles played by entities in these jurisdictions is limited. Building on the sanctions busting literature, this article proposes a loose typology considering the ways in which third countries can be exploited by proliferation networks. The typology is illustrated using three cases involving entities based in Malaysia – A. Q. Khan’s nuclear black market network, and Iran and North Korea’s efforts to procure and market WMD-related and military goods. These cases are used to generate insights into proliferators’ selection of ‘third country’ hubs. The article argues that while exploitation of third countries by proliferation networks is a similar, but distinct phenomenon to trade-based sanctions busting, hubs of both activities share characteristics. Furthermore, the article argues that other factors beyond the lax regulatory environment, such as level of development, and personal connections, are often as important in driving the decisions of proliferation networks. The article concludes with implications for nonproliferation policy.