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.

Today, the origins of the concept of RW have largely been forgotten.  Indeed, since 9/11, radiological weapons have been associated mainly with non-state actors, who may not have the means or motivations to acquire and use far more lethal nuclear explosives.  A fixation on the very real dangers posed by nuclear terrorism, however, should not obscure the risks that states also may again pursue radiological weapons.

In this issue, we highlight five new books by Belfer Center members.

Bill de Blasio warned New Yorkers on Friday that their city might be subject to retaliatory attacks from Iran. “I’m not saying this to be alarmist,” the mayor said as he and his underlings ticked off—in a slightly alarming fashion—a series of defensive measures the city might take after the American air strike that killed the Iranian general Qassem Soleimani. Though the New York Police Department had received no specific, credible threats, de Blasio and other officials warned of more bag checks at the subways and increased police presence throughout the city. The city is no stranger to terrorism and would maintain a better-safe-than-sorry posture. “If you see something, say something,” de Blasio said.