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.

In the past 10 years, oil exports have averaged about $67 billion in Iran. Last year, they dropped by two-thirds, and they are expected to drop below $30 billion this year.  There are reasons to believe that, with appropriate policies, the country can live with this level of oil exports, albeit at a reduced standard of living, and even do itself some good in the long run by reducing its dependence on oil.

Iran has been there before. In 2012, when President Obama ratcheted up U.S. sanctions against Iran, oil exports dropped by 27.5 percent, and GDP fell by 6.2 percent. In 2015, sanctions and the collapse of oil prices further reduced oil exports to $32 billion, a decade-long low, and GDP declined by 1.6 percent. If Iran’s leadership is to successfully resist U.S. demands, it must do more than find ways to evade sanctions. A lot depends on its ability to adopt a plan that reduces the economy’s dependence on oil, while distributing the burden of restructuring equitably across social groups.

For the Islamic Republic, resistance to Washington has become a cultural norm, and it considers independence (esteghlal) as the main achievement of the 1979 revolution.  According to Secretary of State Mike Pompeo, Iran would have to meet 12 conditions before the United States will renegotiate the nuclear deal and consider removing its sanctions. These conditions, which are nothing short of surrender on Iran’s part, are either set to force Iran out of the nuclear deal and therefore trigger the return of UN sanctions, or they are a thinly veiled call for regime change.