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.

Over the last two decades, there has been a dramatic increase in the popularity of financial sanctions as an instrument of US foreign policy to address security threats ranging from weapons of mass destruction (WMD) proliferation and terrorism to human rights violations and transnational crime. Washington’s policymakers have prized these tools for their ability to rapidly apply pressure against foreign targets with few perceived repercussions against American business interests. The problem, however, is that Washington is ignoring a growing tension between financial sanctions designed to support economic statecraft (with non-financial goals) and those designed to protect the international financial system. Confusing the two sends mixed signals to adversaries as well as allies and undermines US credibility and commitment to upholding international banking rules and norms. If Washington cannot reconcile these competing processes, it is unlikely that future administrations will enjoy the same foreign policy levers, leaving the United States at a significant disadvantage.