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.

A nuclear explosion detonated anywhere by a terrorist group would be a global humanitarian, economic, and political catastrophe. The current COVID-19 pandemic reminds us not to ignore prevention of and preparation for low-probability, high-consequence disasters. For nuclear terrorism, while preparation is important, prevention must be the top priority. The most effective strategy for keeping nuclear weapons out of the hands of terrorists is to ensure that nuclear materials and facilities around the world have strong and sustainable security. Every president for more than two decades has made strengthening nuclear security around the globe a priority. This includes the Trump administration, whose 2018 Nuclear Posture Review states: “[n]uclear terrorism remains among the most significant threats to the security of the United States, allies, and partners.”

The Trump administration budget request for programs to reduce the dangers of nuclear theft and terrorism is too small to implement the ambitious approach that is needed. Congress should increase funding in this critical area; direct the administration to develop and implement a comprehensive plan for improving security for nuclear weapons and materials worldwide; and exert expanded oversight of this effort. This brief highlights the importance of ongoing nuclear security work; describes the evolving budget picture; and outlines recommendations for congressional action.