The Arduous Path to Restoring The Iran Nuclear Deal - By Naysan Rafati - INSIDE | UK to Increase Cap on Nuclear Warhead Stockpile - Arms ...
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INSIDE | UK to Increase Cap on Nuclear Warhead Stockpile Volume 51 | Number 3 APRIL 2021 The Arduous Path to Restoring The Iran Nuclear Deal By Naysan Rafati U.S. $7.00 Canada $8.00 A Publication of the Arms Control Association www.armscontrol.org
Information Arms Control Today Is Influence Our flagship monthly journal is the leading publication in the field. Since 1971, we’ve provided • authoritative news reporting • expert perspectives authoritative information, news, • newsmaker interviews and analysis on arms control • book reviews and more solutions to eliminate the threats A subscription to the journal comes with membership in posed by the world’s most the Arms Control Association. Visit armscontrol.org/join dangerous weapons. Reports Resources Nuclear Challenges for the New U.S. Presidential Fact Sheets and Treaty Texts Policy White Papers and Administration: The First 100 Days and Beyond Our comprehensive set of Issue Briefs The new presidential country profiles and 100+ These provide in-depth, administration of Joseph Biden “At-A-Glance” fact sheets timely analysis of key threats confronts a dizzying array of provide insights on key and policy responses. Visit major challenges, not the least agreements and issues. Visit armscontrol.org/policypapers of which are related to the risks armscontrol.org/factsheets and armscontrol.org/issuebriefs posed by the world’s most dangerous weapons. Tensions between the world’s nuclear-armed states are rising; the risk of nuclear use is growing; billions of dollars are being spent to replace and upgrade nuclear weapons; and key agreements that have kept nuclear competition in check are gone or are in serious jeopardy. This report outlines what we believe to be the five most important sets of nuclear weapons policy challenges and decisions that the Biden administration will need to address in E-Newsletters on Priority Issues its first 100 days and beyond, along with recommendations for effectively dealing with each of these policy challenges. • P4+1 and Iran Nuclear Deal Alert • North Korean Denuclearization Digest • U.S.-Russian Nuclear Arms Control Watch armscontrol.org Arms Control 1971–2021 Association
Arms Control TODAY THE SOURCE ON NONPROLIFERATION AND GLOBAL SECURITY Vo l u m e 51 • N u m b e r 3 • A p r i l 2 0 21 6 Features 3 Focus 6 The Arduous Path to Restoring the The UK's Nuclear U-Turn Iran Nuclear Deal By Daryl G. Kimball y Naysan Rafati B Nearly three years after the United States exited the 2015 Iran nuclear deal, Washington and Tehran now agree on 4 In Brief the need to restore mutual compliance, but they remain in Notable Quotable a stalement about how exactly to do so. By the Numbers On the Calendar 12 Apes on a Treadmill in Space 15 Years Ago By David A. Koplow In all three of the leading spacefaring countries, bellicose rhetoric has escalated alongside rising military space 35 In Memoriam expenditures. Michael S. Elleman (1958–2021) By Mark Fitzpatrick 12 12 Cover photo: The stage in Vienna where negotiators announced the conclusion of talks that produced the Joint Comprehensive Plan of Action in July 2015. (Photo: U.S. Department of State) ARMS CONTROL TODAY April 2021 1
News and Analysis 18 UK to Increase Cap on 26 Syrian Chemicals Arms Control Nuclear Warhead Stockpile Stockpile Declaration Still Incomplete TODAY Volume 51, Number 3 A new defense policy review CWC states-parties may April 2021 results in raising warhead consider steps to hold Syria A Publication of the Arms Control Association ceiling by 44 percent. accountable for use of chemical weapons in violation of the 1200 18th Street, NW, Suite 1175 Washington, DC 20036 19 Efforts to Restore Iran treaty. PHONE: 202-463-8270 Deal Remain Stalled FAX: 202-463-8273 Iran says a meeting is 27 U.S. Sanctions Russia for E-MAIL unnecessary for a return to Chemical Weapons Use act@armscontrol.org compliance with the accord. Poisoning of Kremlin-critic WEBSITE with Novichok nerve agent www.armscontrol.org 20 IAEA Backs Off Iran prompts censure. Resolution Publisher and Executive Director A European resolution to 28 New Work Underway at Daryl G. Kimball censure Iran was withdrawn Israeli Nuclear Site out of concern it could upset Satellite imagery shows Acting Editor Chief Operating Officer efforts to restore compliance construction at facility near Daryl G. Kimball Kathy Crandall Robinson with the JCPOA. Dimona. Design and Production Editor Senior Fellow on Allen Harris Conventional Arms 22 Pentagon Reviews 29 U.S. Largest Seller in Control and Transfers Director for Jeff Abramson Nuclear Budget Flat Arms Market Nonproliferation Policy Under evaluation are lower- Report finds U.S. accounted Kelsey Davenport Visiting Senior Fellow yield nuclear weapons, and for 37 percent of global arms Director for Michael T. Klare select command, control and transfers from 2011–2015. Disarmament and Threat Reduction Policy Scoville Peace Fellow communications. Kingston Reif Sang-Min Kim 31 U.S. Advocates for 23 U.S. Nuclear Warhead Binding Rules on Research Associate Shannon Bugos Finance Officer Merle Newkirk Costs Surge Behavior In Space Research Associate Administrative and Existing plans call for a 29 In response to UNGA Member Relations Julia Masterson percent increase in funds to resolution, U.S. plans to Assistant Director of Rachel Paik sustain and modernize U.S. forward proposals for a Communications nuclear warheads. multilateral agreement. and Operations Interns Tony Fleming Chelsie Boodoo 24 North Korea Rebuffs 32 State Reviews Plans for Nicholas Smith Adamopoulos U.S. Outreach New Tech Bureau Pyongyang unmoved by early New administration seeks to Board of Directors Biden administration overtures promote shared norms and Thomas Countryman Paul Walker for resumed talks designed to new agreements on emerging Chairman Vice-Chairman “reduce the risk of escalation.” technologies and cyberspace. Michael T. Klare Christine Wing Secretary Treasurer 25 Biden Fills Key Lilly Adams Angela Kane Arms Control Posts Matthew Bunn Laura Kennedy Some positions are filled but Susan Burk Maryann Cusimano Love slow pace of appointments Leland Cogliani Zia Mian could begin to delay William R. “Russ” Colvin Randy Rydell Philip Coyle Rachel Stohl administration decisions on Deborah Fikes Greg Thielmann some nuclear policy issues. Deborah C. Gordon Andrew Weber Bonnie Jenkins 33 News In Brief The Arms Control Association (ACA), founded in 1971, is a nonprofit membership organization dedicated to promoting public understanding and support for effective arms control China Flight-Tests Missile Interceptors policies. Through its media and public education programs Congress Mandates Studies on Nuclear War and its magazine Arms Control Today, ACA provides policymakers, journalists, educators, and the interested UK Finalizes New Safeguards public with authoritative information and analyses on arms control, proliferation, and global security issues. Pentagon Moves On New Missile Interceptors Arms Control Today (ISSN 0196-125X) is published monthly, except for two bimonthly issues appearing in January/February and July/August. Membership in the Arms Control Association includes a one-year subscription to Arms Control Today at the following rates: $25 Basic Membership (digital access only), $70 Regular Membership (print and digital). A Domestic Professional (U.S.) subscription to the journal (print and digital) is $95 and the International Professional subscription rate is $115. Digital-only subscriptions are also available. Please contact the Arms Control Association for more details. Letters to the Editor are welcome and can be sent via e-mail or postal mail. Letters should be under 600 words and may be edited for space. Interpretations, opinions, or conclusions in Arms Control Today should be understood to be solely those of the authors and should not be attributed to the association, its board of directors, officers, or other staff members, or to organizations and individuals that support the Arms Control Association. Arms Control Today encourages reprint of its articles, but permission must be granted by the editor. Advertising inquiries may be made to act@armscontrol.org. Postmaster: Send address changes to Arms Control Today, 1200 18th Street, NW, Suite 1175, Washington, D.C., 20036. Periodicals postage paid at Washington D.C., Suburban, MD and Merrifield, VA. © April 2021, Arms Control Association. 2 ARMS CONTROL TODAY April 2021
FOCUS By Daryl G. Kimball Executive Director The UK’s Nuclear U-Turn I n recent years, the United Kingdom has touted itself as one of nuclear weapons” in U.S. national security strategy. Biden of the most transparent of the five nuclear-armed states has also recently said the United States “does not need new recognized by the nuclear Nonproliferation Treaty (NPT), and nuclear weapons.” its leaders leaned heavily on the fact that it was reducing the size The UK government is headed in the opposite direction on of its nuclear force. new nuclear weapons too. The government, which claims it But in a major reversal that will complicate efforts to strengthen has an “independent” nuclear arsenal even though it depends the NPT and exacerbate tensions with other nuclear-armed states, heavily on U.S. support for its nuclear weapons program, is the UK announced on March 16 that it will move to increase its lobbying the U.S. Congress to appropriate U.S. taxpayer funds total nuclear warhead stockpile ceiling by 44 percent, to 260, and for a newly designed submarine-launched ballistic missile (SLBM) reduce transparency about its nuclear arsenal. warhead, dubbed the W93. At the 2010 and 2015 NPT review conferences, UK officials This warhead, which the Trump administration proposed as a said they would reduce their force to no more than 180 warheads third type of SLBM warhead, is not only costly but unnecessary, on their four Vanguard-class strategic missile submarines. Open given that the United States already has two SLBM warheads source estimates put the current size of the UK arsenal at 195 and has recently invested billions on refurbishment programs to warheads. They described this decision as a contribution toward extend their service lives. The W93 warhead is also unnecessary Article VI of the treaty, to "pursue negotiations in good faith on for the British nuclear force, which does not need a newly effective measures relating to cessation of the nuclear arms race designed U.S. warhead to maintain its sea-based nuclear force. at an early date and to nuclear disarmament.” Pursuit of the W93 also violates the So, why the change? Prime Minister Boris Tensions between Obama administration’s 2010 policy, Johnson’s integrated review of security, the major powers are which stated that the United States “will defense, development, and foreign policy certainly high, but it not develop new nuclear warheads. Life attributes increasing the warhead ceiling is irresponsible to Extension Programs will use only nuclear to “the evolving security environment, react by engaging in components based on previously tested including the developing range of designs and will not support new military nuclear arms racing. technological and doctrinal threats.” missions or provide for new military But the review fails explain how adding 80 warheads to the capabilities." Although a decade old, this remains the right policy arsenal will enhance deterrence against these ill-defined threats, for security and nonproliferation reasons. nor can UK diplomats explain how the increase strengthens The best way for the White House and members of Congress the NPT. The UK now joins China and perhaps Russia as NPT- to support their allies in London is to remind them that nuclear recognized nuclear-armed states planning to increase the size buildups and new nuclear weapons are unnecessary strategically of their warhead stockpiles. and unhealthy for international security and U.S.-UK relations. Tensions between the major powers are certainly high, but The new UK nuclear policy will also complicate Biden it is irresponsible to react by engaging in nuclear arms racing. administration efforts to pursue further bilateral arms control Truly “responsible” nuclear-armed states seek to reduce tensions and reduction measures with Russia, which wants future and increase stability by advancing serious arms control, risk arrangements to take into account the arsenals of the other reduction, and disarmament measures based on the principles nuclear-armed states, especially the UK and France. One option of transparency and restraint. should be for China, France, and the UK to agree to cap their Making matters worse, the UK also announced that it will arsenals and provide more transparency regarding their nuclear “no longer give public figures for [its] operational stockpile, stockpiles and doctrines, as Washington and Moscow move deployed warhead or deployed missile numbers.” forward on further nuclear cuts. Like the United States, the past UK commitment to transparency The approaching 10th NPT review conference was already about its nuclear forces has set it apart from other nuclear- going to be difficult without the UK adding itself to the list of armed states. Both have rightly criticized China for its excessive states acting inconsistently with its treaty commitments. The nuclear secrecy. Such opacity is irresponsible and unworthy of United States, along with other responsible nations, will need to a democracy. redouble efforts to secure consensus on a meaningful action plan The new UK policy direction not only violates its NPT that holds the UK and the other nuclear-weapon states, plus the disarmament obligations, but it is completely out of step with other parties to the NPT, accountable to their disarmament and U.S. President Joe Biden’s pledge to “take steps to reduce the role nonproliferation obligations. ACT ARMS CONTROL TODAY April 2021 3
InBRIEF April 2021 Notable Quotable “Renewing Trident nuclear weapons was already a shameful and regressive decision, however, increasing the cap on the number of Trident weapons the UK can stockpile by more than 40 percent is nothing short of abhorrent. It speaks volumes of the Tory government's spending priorities that it is intent on increasing its collection of weapons of mass destruction—which will sit and gather dust unless the UK has plans to indiscriminately wipe out entire populations—rather than address the serious challenges and inequalities in our society that have been further exposed by the pandemic.” —Scottish National Party defence spokesman Stewart McDonald, March 16 on the United Kingdom’s decision to increase its nuclear stockpile NUMBERS BY THE United Kingdom’s Nuclear Arsenal 1952–2025 The U.K. conducted its first nuclear weapon test explosion in Western Australia in 1952 and went on to amass a stockpile of some 500 nuclear weapons by the mid-1970s. Since the end of the Cold War, the U.K. has reduced its stockpile and in 2010 it pledged to reduce it to no more than 180 warheads on its four strategic submarines by the mid-2020s. The U.K. announced in March 2021 that it would increase that ceiling to 260 warheads. 500 450 400 NUCLEAR WARHEADS 350 300 Integrated Review Plan 250 200 Previous Plan 150 100 50 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 Source: Hans M. Kristensen and Matt Korda, Federation of American Scientists. 4 ARMS CONTROL TODAY April 2021
CALENDAR ON THE Apr. 12–15 Meeting of States-Parties of the Biological July 12 25th Anniversary of the Wassenaar Weapons Convention (Rescheduled) Arrangement Apr. 19–23 First session, Group of Governmental Experts July 19 30th Anniversary of South Africa joining the on Nuclear Disarmament Verification NPT after voluntarily dismantling its nuclear weapons Apr. 20–22 Conference of States-Parties to the Chemical Weapons Convention, pt. II, The Hague July 26–Sept. 10 Third session Conference on Disarmament, Geneva Apr. 28–29 20th Regular Meeting, Hague Code of Conduct against Ballistic Missile Proliferation, Aug. 2–27 Review Conference of the Parties to the Vienna Treaty on the Non-Proliferation of Nuclear Weapons (tentative) May 10–June 25 Second Session of the Conference on Disarmament, Geneva Aug. 25–Sept. 3 64th Session of the Committee on the Peaceful Uses of Outer Space May 21 25th Anniversary of Ukraine becoming a nuclear weapons-free state Aug. 29 International Day against Nuclear Tests May 25–28 Arms Trade Treaty Working Group Meetings Aug. 30–Sept. 3 Seventh Conference of States-Parties to the & Second Preparatory Meetings for the Arms Trade Treaty (CSP7), Geneva Conference of States-Parties Sept. 8 15th Anniversary of the signing of the Treaty June 7–11 IAEA Board of Governors Meeting, Vienna of Semipalatinsk, Central Asian Nuclear- Weapon-Free Zone June 21–22 56th session of the CTBT Preparatory Commission, Vienna Sept. 13–17 IAEA Board of Governors Meeting, Vienna June 22–24 Carnegie International Nuclear Policy Sept. 20–24 IAEA 65th General Conference, Vienna Conference (virtual) Sept. 24 25th Anniversary of the opening for signature July 6–9 97th Session of the OPCW Executive of the Comprehensive Test Ban Treaty Council, The Hague Sept. 26 International Day for the Total Elimination of July 8 25th Anniversary of the International Court of Nuclear Weapons Justice advisory opinion on the legality of the threat or use of nuclear weapons 15 Years Ago in ACT If it Ain't Broke: The Already Reliable U.S. Nuclear Arsenal “Rather than funding a new and costly weapons program, lawmakers would be better served if they confronted the need to end an irrational nuclear targeting doctrine a decade and a half after the end of the Cold War.” —Robert W. Nelson, April 2006 ARMS CONTROL TODAY April 2021 5
By Naysan Rafati The Arduous Path to Restoring The Iran Nuclear Deal A change in U.S. administrations brought more recent global COVID-19 pandemic and its impact on energy markets, as a with it something rare in the often- “triple shock” on the country’s economy.2 If the Trump administration had hoped acrimonious relationship between Tehran would bend to its will, however, it was mistaken. In mid-2019, Tehran Washington and Tehran: a point of agreement. launched a counterstrategy, dubbed “maximum resistance.” Rather than Nearly three years after President Donald Trump concede to the administration’s demands and to demonstrate that what it viewed unilaterally exited the 2015 Joint Comprehensive as tantamount to an economic siege would not go unanswered, Iran retaliated Plan of Action (JCPOA), both sides concur on against the United States and its regional allies directly and through local proxies the need to restore core elements of the deal that in places such as Iraq and the Persian Gulf. It also methodically breached its have been sorely tested since: strict restrictions own obligations under the JCPOA on the contention that the evaporation on and rigorous monitoring of Iran’s nuclear of the financial benefits the deal had promised justified a reduction in its own program in exchange for sanctions relief. Yet, compliance. the shared strategic imperative of full mutual The cumulative impact of Iran’s JCPOA violations, which have escalated in line compliance remains out of reach so long as a with a law the Iranian Parliament passed in December 2020 after the killing of a tactical deadlock continues on how to achieve it. top nuclear scientist, allegedly by Israel, has been to substantially erode the An explanation of the convergence of deployment of unilateral sanctions and a agreement’s nonproliferation provisions U.S. and Iranian interest in reviving the broad set of accompanying demands on in three different respects. The first relates 2015 agreement begins with a stocktaking further restricting Iran’s nuclear activity, to an expansion of uranium enrichment of the state of play inherited by President halting its ballistic missile development, that cuts the timeline for producing one Joe Biden in January 2021. Under and containing its regional influence.1 bomb’s worth of fissile material from a Trump, the United States abandoned The financial impact on Iran has been year to approximately three months; the the JCPOA in favor of a “maximum substantial, with the World Bank most recent International Atomic Energy pressure” strategy defined by a sweeping describing U.S. sanctions, along with the Agency (IAEA) quarterly report pegs Naysan Rafati is the Senior Iran Analyst at International Crisis Group. 6 ARMS CONTROL TODAY April 2021
U.S. Secretary of State Antony Blinken (L) and European High Representative of the Union for Foreign Affairs Josep Borrell give a press conference ahead of their meeting at the EU headquarters in Brussels, March 24. (Photo by Olivier Hoslet/POOL/AFP via Getty Images) Tehran’s enriched uranium stockpile at 14 research and development activities as U.S. regional allies, on how to proceed. times the JCPOA cap of 202.8 kilograms on advanced centrifuges and uranium- Importantly, the administration affirmed and at an upper enrichment rate of 20 metal production that deliver, as the that, as a matter of priority, negotiations percent uranium-235 instead of the 3.67 three European JCPOA parties note, would focus on restoring the JCPOA as a percent permitted under the deal.3 “irreversible knowledge gain.”5 sine qua non for any wider negotiations The second concerns the verification with Tehran. and monitoring authorities of the IAEA, Much Activity, Little Movement Despite these actions, Tehran which under the nuclear deal is afforded Biden came into office critical of the demurred on a EU offer in February to JCPOA-specific transparency accesses, maximum-pressure strategy, pointing convene an informal meeting of JCPOA as well as access under the additional to Iran’s increased nuclear activity and parties and the United States, to which protocol to Iran’s comprehensive to heightened regional tensions as Washington had already agreed. Iran’s safeguards agreement. Iran suspended evidence of “a dangerous failure” by rejection was rooted not in what steps these authorities in February, although his predecessor.6 His administration the Biden administration has taken, IAEA Director-General Rafael Grossi took several symbolic steps to put the but those which it had not and, in its negotiated a three-month “bilateral prospect of diplomatic reengagement view, should as a precondition for talks, technical understanding” to maintain on more stable footing, easing Trump- namely, facilitating significant sanctions key oversight capabilities.4 The agency era restrictions on the movement of reprieve, such as easing conditions for is also set to press Iran on outstanding New York-based Iranian diplomats and the release of billions in Iranian assets questions relating to past work at withdrawing a 2020 claim to have pre- frozen abroad or implicit assent to an undeclared sites during technical JCPOA sanctions successfully restored at International Monetary Fund emergency discussions scheduled for this month. the United Nations. Senior U.S. diplomats loan Tehran requested at the outset of Finally, although the expansion of and officials, whose ranks now include the pandemic. From Iran’s perspective, uranium enrichment can be undone and several veterans of JCPOA negotiations, the onus of a meaningful opening IAEA access fully restored, the third area engaged early and often in consultations concession falls on the United States for of concern involves ongoing nuclear with the deal’s other participants, as well having left the JCPOA in the first place. ARMS CONTROL TODAY April 2021 7
No talks, even informal ones, can ensue so long as the architecture of maximum Washington and Tehran are pressure remains intact, despite Biden’s denigration of it. in a peculiar position of Yet, Washington is reluctant to make such a substantial move, likely for several agreeing to the end point reasons. A unilateral step allowing Iranian access to funds would be seen as akin of a diplomatic process— to making a down payment toward mutual JCPOA compliance— negotiations and, although all but certain to invite attack from domestic critics but they are in a stalemate who regard the JCPOA as irredeemable, would also risk the ire of those who at the start of it. may be persuaded to give engaging Tehran a chance so long as it prompts production of uranium metal or uranium him provide a degree of continuity in tangible Iranian concessions. Moreover, enrichment to 20 percent U-235.8 In the Iranian system, who sits at the table Washington views an uptick in regional turn, such an initial understanding does matter in complex negotiations. tensions, including a spate of rocket would lay the groundwork for informally It is better then at least to initiate attacks against U.S. and allied facilities convening the United States, Iran, the diplomatic process and give it in Iraq, and increased drone and missile and other JCPOA participants for momentum with Rouhani and his team strikes against Saudi Arabia by Iran’s negotiations to stop further escalations still in place, rather than start from Houthi allies in Yemen as suggesting and develop a timetable that sees Tehran scratch with a successor hailing from that Tehran is not restraining its local and Washington unwind their nuclear a more conservative or even hard-line partners at best and orchestrating violent breaches and sanctions, respectively, on camp, which have been consistently provocations by them at worst. the path toward mutual compliance.9 critical of the JCPOA. Both arguments As a result, Washington and Tehran Even if such a sequence finds traction, are reasonable and not necessarily in are in a peculiar position of agreeing to it is likely to encounter a number of contradiction; it could well be the case the end point of a diplomatic process— obstacles. Iran holds presidential elections that an agreement on JCPOA compliance mutual JCPOA compliance—but they are in June, which President Hassan Rouhani, would be easier to strike with the in a stalemate at the start of it. Discreet whose administration negotiated the Rouhani administration and that failure bilateral contacts or mediation efforts JCPOA and has put considerable political do so would not necessarily shut the from a third party such as the European capital into efforts to salvage it, cannot door on Rouhani’s successor pursuing Union could prove crucial in breaking contest, having served the legally a similar deal. As the election season the impasse. permissible two terms. Rouhani has begins in earnest in coming weeks, the already hinted that election dynamics are contours of the importance of the nuclear Triage, Then Surgery limiting his room for maneuver, referring negotiations will become more apparent. If neither the United States nor Iran is to a “minority who seek to obstruct” the The dynamics are complicated on willing to make the first substantive lifting of sanctions.10 If true, it could be the U.S. side as well. Secretary of State move, one potential solution would be an indication that other elements within Antony Blinken has said that an Iranian to identify initial steps that each can the Iranian system are reluctant to hand return to JCPOA compliance would take in parallel, thereby sidestepping the departing administration a political trigger “some sanctions relief.”11 Much the question of unilateral concessions in victory that could bolster the centrist may hinge on what “some” constitutes: favor of mutual, reciprocal action. For camp’s electoral prospects. the Trump administration levied more example, the United States could work Looking further ahead, Western officials than 1,500 designations against Iranian with South Korea on the partial release hold divergent views on how significant individuals and entities, and Tehran of frozen Iranian assets, which might the outcome of the presidential race contends that U.S. JCPOA compliance in turn be earmarked for purchases of will prove for nuclear talks. One school means rolling them back entirely.12 That COVID vaccines and other medical goods of thought posits that whereas Iran’s is a maximalist demand unlikely to through the Swiss humanitarian channel decision-making ultimately resides with be realized, particularly as it concerns set up in coordination with the Trump Supreme Leader Ayatollah Ali Khamenei, designations related to issues clearly well administration to allow satisfactory due not the executive branch, a change in its removed from the nuclear question, such diligence on disbursement.7 Such a step elected leadership will not meaningfully as human rights or electoral interference. would not require the formal revocation alter Tehran’s strategic calculus. As a Yet, a tricky balancing act may lie in wait of existing U.S. sanctions and would logical extension, the election should regarding cases such as Iran’s central ensure a degree of transparency on where not be viewed as a hard deadline for a bank and other financial entities, which the funds land. In return, Tehran could diplomatic breakthrough. are subject to multiple layers of U.S. end one of its more worrisome nuclear An alternative view is that although sanctions, including some relating to breaches, such as the recently initiated the supreme leader and the circle around counterterrorism.13 8 ARMS CONTROL TODAY April 2021
Former Trump administration officials right or wrong, lingers that the Obama JCPOA’s restrictions are phased out over have acknowledged that, technically administration fell short on keeping them the next few years, while concerns about speaking, “any president has the right to abreast of its discussions with Tehran Iran’s ballistic missile development and reverse an executive action…. Whether and that the resulting agreement left key regional power projection point to the it is politically possible is a different concerns such as Iran’s ballistic missile need for follow-on negotiations. It is a list question.”14 The Biden administration development and support for local allies of priorities not too dissimilar to what the could conceivably make a case for lifting unaddressed or even exacerbated them Trump administration posited, with the such designations in the context of by lifting sanctions. It will have been critical distinction that its successor views restoring the JCPOA, but what may be little surprise, therefore, that the main the JCPOA as a sturdy foundation to be necessary for diplomacy to succeed will international endorsements of Trump’s built on rather than razed so that a new almost certainly meet with domestic maximum-pressure strategy came from structure can take its place. political blowback.15 As such, a proposal countries such as Israel and Saudi Arabia, Indeed, if there is one lesson to be of sanctions relief sufficient to meet which would prefer a Biden policy that learned from the JCPOA negotiations, it is Iran’s minimal threshold of acceptability looks more like a Trump second term that although the nuclear file has enough is likely to encounter deep skepticism than an Obama third term. complexities of its own, the success or outright opposition, among not just of an agreement cannot be divorced congressional Republicans but some key Beyond the Nuclear File from wider policy considerations if it Democrats as well. The Biden administration’s approach to is to be sustainable and Washington’s Furthermore, Washington’s Middle these concerns is to view the JCPOA as regional allies are to come to view it Eastern allies already view tentative U.S. a necessary but insufficient diplomatic as something other than a zero-sum steps toward reengagement with Tehran initiative. Blinken and other U.S. officials proposition. An effort at deescalation in with deep apprehension. Israel and some describe a “longer and stronger” nuclear the Gulf may be the most feasible starting Gulf Arab states saw the negotiations that deal, to be constructed on top of a fully point. Constructive U.S. and Iranian culminated in the JCPOA as problematic reinstated JCPOA. The imperative for engagement on Yemen, for example, in form and substance. The perception, such a new deal increases as some of the which is a secondary theater for Tehran The head of the Atomic Energy Organisation of Iran, Ali Akbar Salehi (L), meeting with the visiting Director General of the International Atomic Energy Agency Rafael Grossi (R), in Tehran. In response to the U.S. withdrawal from the JCPOA in 2018, Iran has accelerated its nuclear activities. The most recent IAEA report finds that Iran’s enriched uranium stockpile is 14 times above the JCPOA limit and it is not enriching uranium to 20 percent instead of the 3.67 percent permitted under the deal. (Photo: POOL/AFP via Getty Images) ARMS CONTROL TODAY April 2021 9
6. Joe Biden, “There’s a Smarter Way to Be Tough on Iran,” CNN, September 13, 2021, https://www.cnn.com/2020/09/13/opinions/ smarter-way-to-be-tough-on-iran-joe-biden/ The Biden administration’s index.html. approach to these concerns 7. U.S. Department of the Treasury, “United States and Switzerland Finalize the Swiss is to view the JCPOA as a Humanitarian Trade Arrangement,” February 27, 2020, https://home.treasury.gov/news/ necessary but insufficient press-releases/sm919. diplomatic initiative. 8. UK Foreign, Commonwealth and Development Office, “Iran’s Production of Uranium Metal in Violation of the JCPOA: E3 Statement,” February 12, 2021, https://www.gov.uk/government/news/ e3-statement-on-the-jcpoa-12-february-2021. but a primary worry for Riyadh, could especially against the backdrop of a fluid bolster international efforts to reach a political situation in Tehran, a skeptical 9. “Restoring the JCPOA’s Nuclear Limits,” Arms Control Association Fact Sheet, February ceasefire and establish a modicum of political environment in Washington, 2021, https://www.armscontrol.org/sites/ cooperation. and simmering tensions in the region. default/files/files/Reports/ACA_JCPOA- The Iranians could press their Houthi A sense that the alternative is worse for DealViolations_FactSheet2021.pdf. allies against continued drone and missile both sides—a growing nonproliferation strikes into Saudi territory in exchange headache for the West, worsening penury 10. “Dr. Rouhani After the Cabinet’s Last Meeting of the Year,” President of the Islamic for a halt in Saudi airstrikes against for Iran—could be the incentive that Republic of Iran, March 17, 2021, http:// populated areas in Yemen and support breaks the deadlock. president.ir/en/120219. UN-led, U.S.-backed efforts toward a negotiated settlement. In turn, such a 11. “Secretary of State Antony Blinken on move could run parallel to efforts toward the Biden Administration’s Foreign Policy ENDNOTES Priorities,” PBS, March 3, 2021, https://www. a wider, inclusive dialogue between Iran 1. “After the Deal: A New Iran Strategy,” pbs.org/newshour/show/secretary-of-state- and Gulf Arab states, supported by the The Heritage Foundation, May 21, 2018, antony-blinken-on-the-biden-administrations- UN and Western powers, tackling issues https://www.heritage.org/defense/event/ foreign-policy-priorities. of common interest, such as maritime after-the-deal-new-iran-strategy. 12. “What It Will Take to Break the U.S.-Iran security and public health, and perhaps 2. The World Bank, “Iran Economic Monitor: Impasse: A Q&A With Iranian Foreign Minister broader security issues in due course. Weathering the Triple-Shock,” Fall 2020, Javad Zarif,” Politico, March 17, 2021, https:// http://documents1.worldbank.org/curated/ www.politico.com/news/magazine/2021/03/17/ Conclusion en/287811608721990695/pdf/Iran-Economic- iran-nuclear-deal-javad-zarif-qa-476588. Washington and Tehran have each said Monitor-Weathering-the-Triple-Shock.pdf. 13. U.S. Department of the Treasury, “Treasury they are committed to restoring the 3. International Atomic Energy Agency (IAEA) Sanctions Iran’s Central Bank and National JCPOA, but the Biden administration’s Board of Directors, “Verification and Monitoring Development Fund,” September 20, 2019, early days illustrate the challenge of in the Islamic Republic of Iran in Light of https://home.treasury.gov/news/press-releases/ moving from agreement in principle to United Nations Security Council Resolution sm780. practice. With neither side willing to 2231 (2015): Report by the Director-General,” 14. “Former Special Representative for Iran and take the first step, each maintains what GOV/2021/10, February 23, 2021. Venezuela Elliott Abrams: Media Roundtable it sees as leverage and the other views as 4. “Joint Statement by the Vice-President With Israeli Journalists,” U.S. Embassy in Israel, lack of seriousness in a negotiation: Iran of the Islamic Republic of Iran and Head of November 9, 2020, https://il.usembassy.gov/ continuing to deepen its JCPOA breaches the AEOI and the Director General of the special-representative-for-iran-and-venezuela- and flexing its muscles in the Middle East IAEA,” IAEA, February 21, 2021, https:// elliott-abrams/. and the United States maintaining the www.iaea.org/newscenter/pressreleases/ 15. For example, see Kenneth Katzman, attritional sanctions regime it inherited joint-statement-by-the-vice-president-of-the- “Analyzing Terrorism Sanctions on Iran and from Trump. islamic-republic-of-iran-and-head-of-the-aeoi- the Path Forward,” Atlantic Council, February Even if the stalemate can be broken and-the-director-general-of-the-iaea. 11, 2021, https://www.atlanticcouncil.org/ on an initial exchange of positive 5. For example, see UK Mission to the UN in blogs/iransource/analyzing-terrorism-sanctions- gestures, pitfalls abound on the steps on-iran-and-the-path-forward/; Matthew Vienna, “E3 Statement to the IAEA Board of toward mutual compliance, let alone Zweig, Alireza Nader, and Richard Goldberg, Governors on Verification and Monitoring the prospects of a follow-on accord. in the Islamic Republic of Iran,” March 4, “Biden Administration Should Not Provide Sequencing and verifying Iran’s nuclear 2021, https://www.gov.uk/government/news/ Sanctions Relief for Terrorism,” Foundation for reversals and identifying the suitable e3-statement-to-the-iaea-board-of-governors- Defense of Democracies, February 22, 2021, parameters of commensurate sanctions on-verification-and-monitoring-in-the-islamic- https://www.fdd.org/analysis/2021/02/22/ relief are themselves no small task, republic-of-iran-march-2021. biden-should-not-provide-sanctions-relief/. 10 ARMS CONTROL TODAY April 2021
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By David A. Koplow Apes on a Treadmill in Space I n 1975, Paul Warnke published a celebrated in December 2020 inched beyond its previous tepid resolutions by expressing article entitled “Apes on a Treadmill,” in the desire that member states “reach a common understanding of how best to which he criticized the wastefulness and act to reduce threats to space systems in order to maintain outer space as a the danger of the U.S.-U.S.S.R. nuclear arms peaceful, safe, stable and sustainable environment.”3 Even the U.S. Space race.1 Warnke likened the two superpowers to Command has recognized the need for advancing arms control in space, with simian imitators who slavishly copy each other’s Major General DeAnna Burt calling for the articulation of additional, legally weapons deployments, endlessly pursuing binding international restraints on threatening space behaviors. and endlessly denying to the adversary any These calls for action to reduce threats to space systems require prompt follow- meaningful strategic superiority. through. The growing competition involving the United States, Russia, and Shortly thereafter, Warnke became joined the original two apes in another China demands a more nuanced and President Jimmy Carter’s chief negotiator hazardous, expensive arms race, all going comprehensive approach from leaders for the Strategic Arms Limitation Talks nowhere, this time at rocket speed. in Washington, Moscow, and Beijing (SALT) II treaty, director of the U.S. Arms Jolted by the surging security that takes into account Warnke’s original Control and Disarmament Agency (and dangers in space, the United States, its insights, which are now more than 45 this author’s first professional boss). rivals, and its allies are devoting more years old. The security environment in Warnke advanced the effort to cap and attention at last to the sustainability space today has become dangerously then reduce global nuclear arsenals, which of their vital spacecraft, on which unstable, as all three leading states he regarded as absurdly overdeveloped and so much of the world’s economy, develop and test new iterations of space as so mutually offsetting that they could military, and civil society have come to weaponry in their mirror-image pursuit of offer neither protagonist a significant, depend. U.S. Secretary of State Antony space control policies. sustainable advantage. Blinken, speaking at the Conference The United States in particular needs Today, the vision that Warnke abhorred on Disarmament in February, has to promote more fully diplomatic options is spooling out again, in a different but called for “developing standards and that put in place effective space arms equally futile venue: outer space, where norms of responsible behavior in outer control agreements and to provide a way a third central character, China, has space.”2 The UN General Assembly out of the mutually reinforcing patterns David A. Koplow is a professor of law at the Georgetown University Law Center. This article is based on his essay, “Deterrence as the MacGuffin: The Case for Arms Control in Outer Space” (2020), in the Journal of National Security Law & Policy. 12 ARMS CONTROL TODAY April 2021
The Sodium Guidestar laser at the U.S. Air Force Research Laboratory at Kirtland Air Force Base in New Mexico is used for real- time, high-fidelity tracking and imaging of satellites too faint for conventional adaptive optical imaging systems. (Photo: U.S. Air Force) of military competition. Negotiated the programs of the other, so a rough with Republican and Democratic measures of legal restraint for space could parity was sustained, simply at higher presidents bringing home a series of be especially effective in dealing with levels overall of armaments and bilateral treaties on strategic arms the contemporary challenges to satellites spending. Neither could gain a decisive limitation, intermediate-range nuclear because deterrence-based concepts advantage over its equally vigilant force elimination, and strategic arms alone are less efficacious in the space and dedicated opponent. That is the reduction, as well as multilateral nuclear environment. titular “treadmill” aspect; there was no test ban and nonproliferation agreements. meaningful superiority to be gained in the There were vicissitudes in the process, Warnke’s Critique competition, and no end point at which a of course, but the U.S.-Soviet dialogue Warnke in 1975 observed that the United winner would emerge. continued even during the darkest and States and Soviet Union were rushing In addition, Warnke and others most crisis-marred days of the Cold War headlong into research, development, complained that the process was not era. As a result, nuclear explosive testing testing, and deployment of new merely frightfully expensive, with has been halted, the number of nuclear- generations of nuclear weapons, inspired billions of dollars at the time being armed states has been limited to nine, in large measure by their reciprocal fears. flushed toward nuclear programs, but and the operational nuclear arsenals Each protagonist viewed with great alarm the endless escalation resulted in sharply of the two chief contestants have been the military programs of the other, and increased danger for all. As weapons reduced by 80 to 90 percent from Cold each ascribed the worst motivations inventories multiplied, the dangers of War highs to some 4,000 U.S. and 4,000 to its rival’s exercises. Triggered by the accidental, unauthorized, or mistaken use Russian nuclear warheads today. other, each raced toward accumulation would rise accordingly. The world was Nuclear dangers persist in part of greater nuclear firepower, independent unaccountably lucky during the Cold because of the failures of the two major of any sound strategic rationale. That is War, as brinkmanship never devolved into nuclear actors to continue to engage the “apes” aspect of the title of his piece; catastrophe. In the long run, however, and to improve on earlier successes, the whatever one actor perceived the other luck is not a reliable national security deterioration of U.S.-Russian relations, one doing, it would mindlessly copy or strategy or a guideline for a budget. and decisions by leaders in Moscow and adapt for itself. The world learned something under Washington to engage in a new, costly Warnke recognized the futility of Warnke’s tutelage. Nuclear arms control apes-on-a-treadmill cycle of nuclear the process. Each side could offset became a staple of superpower relations, competition. President Donald Trump ARMS CONTROL TODAY April 2021 13
exacerbated the situation by withdrawing from the Intermediate-Range Nuclear Forces and Open Skies treaties, stalling on Just as U.S. authorities a deal to extend the 2010 New Strategic regularly refer to space as Arms Reduction Treaty, and declaring that U.S. missile defenses are intended in part the “ultimate high ground” to counter Russian and Chinese offensive for future warfare, Chinese ballistic missiles—a series of shocks that some observers have labeled “the end of air force leaders have come arms control.” Yet, arms control has rebounded from to assert that “militarization egregious tough times before and can do of space is a ‘historic so again. Indeed, perhaps it is during the most tension-strewn phases that cooler inevitability.’” heads recognize the profound benefits in treaty-making, confidence-building, global situational awareness and the moratorium on destructive ASAT weapons mutual accommodation and calm exquisite accuracy of smart munitions. tests. Since that wake-up call, China has communications. The recent rejection of It is no exaggeration to conclude that persisted in pursuing its space control legacy treaties may prove to be simply a modern U.S. modes of intelligence capabilities, often testing devices under hiccup in the long-term articulation of gathering and warfare would simply the guise of missile defense interceptors, sensible nuclear restraints. not be possible without satellites; a rather than ASAT systems. Russia has The enduring arms control relationship return to analog-era warfare capabilities experimented with covert “rendezvous between the United States and Russia, would be crippling. and proximity operations” to refine now triangulated with China, is Unfortunately, that phenomenally its maneuvering capability, which maddeningly complicated. The three successful exploitation of space has could be a precursor for inspecting protagonists will shift among the become a reliance, which has bred a and attacking other states’ spacecraft. roles of adversaries, competitors, and dependency, and degenerated into a For its part, the United States has collaborators in the realm of nuclear vulnerability, and other states have not pursued the development of a Counter weapons as in everything else. Yet, failed to notice. Russia and China have Communications System for jamming Warnke pointed toward the illogic of an persistently bolstered their programs satellite links and the maturation of the exclusive focus on the esoteric military- toward increased anti-satellite (ASAT) mysterious X-37B spacecraft, which is related aspects of such relationships, capacities, experimenting with a variety of a small, unmanned knockoff of a space cautioning against “[o]verestimation technologies at a variety of altitudes that shuttle, as a long-endurance, reusable of the practical utility and the political can hold U.S. satellites hostage. Russia platform capable of a variety of offensive potency of our armed forces.” Smart and China may believe they are simply military applications. diplomacy, he argued, offers a more trying to catch up with the prior and In all three of the leading spacefaring viable alternative or complementary path ongoing U.S. programs and capabilities countries, bellicose rhetoric has toward security. in space control, but it is clear that the escalated alongside rising military earlier concept of space as something of space expenditures. Leadership Deteriorating Security in Space a sanctuary from ordinary earthbound statements now emphasize the pursuit Today’s competition has extended military rivalry is permanently imperiled. of space dominance or control, and endlessly upward. The stakes in orbital Other countries have increasingly they categorically refer to space as just space are enormous and growing, as space invested in satellite services too. Eleven another domain for military operations, is a $400 billion segment of the annual countries or consortia have demonstrated stressing that even as land, sea, and global economy. The United States now an indigenous capability for launching air have known arms races and armed exploits satellite services for the full array objects into space, 60 or more own or conflict, space too inevitably will be of civilian and military applications. On operate their own spacecraft, and all fully weaponized. Just as U.S. authorities the civilian side, many communications benefit daily from satellite services. Even regularly refer to space as the “ultimate (television, telephone, internet), with this emergent “democratization of high ground” for future warfare, Chinese commercial activities (ATMs, credit card space,” the United States remains the air force leaders have come to assert that purchases), transportation functions (GPS predominant player, operating more “militarization of space is a ‘historic guidance), and remote sensing (weather satellites for more functions than any inevitability.’” The bureaucratic structures forecasting) are satellite enabled, and the other actor and commanding by far the in each country reflect this newfound Internet of Things will only increase the largest national space budget. belligerence: Trump’s establishment of traffic. On the military side, satellites have The new era in space weaponization the new Space Force was sold partly as a promoted expedited communications can be traced roughly to 2007, when necessary response to similar institutional between headquarters and fielded forces, China abruptly shot down one of its reorganizations already implemented in as well as greatly augmenting local and own satellites, rupturing an informal Russia and China. 14 ARMS CONTROL TODAY April 2021
In sum, the portrait of space security in space, but it too has run aground due conspicuous silence about mechanisms for today bears an eerie resemblance to to its impoverished content and resistance verification of compliance. Warnke’s description of the nuclear from the United States. The Moscow- The Conference on Disarmament, a realm 45 years ago. There is a new cycle Beijing drafts have addressed solely UN-affiliated entity previously successful of zealous competition among the the phenomenon of space-based ASAT at developing new international United States, Russia, and China, with systems, which would exclude the ground- instruments for arms control, has been each claiming to offset the provocative based systems of greatest current interest, deadlocked for two decades, especially initiatives of the others, resulting in a and sequential U.S. administrations regarding concepts for preventing a new nervous, diminishing security for all. have also emphasized the proposal’s arms race in space. Despite Blinken’s Pursuit of absolute control or dominance in space is as futile as in nuclear realm, and it is likewise staggeringly expensive. The Absence of Arms Control in Space The early years of the space age were remarkably productive for international law. Within only a decade after the launch of Sputnik, leading states had concluded the 1967 Outer Space Treaty, the foundational instrument providing for the peaceful, lawful exploration and use of space, an instrument of constitutional significance, joined by almost all the leading space actors. The treaty contains prescient prohibitions against placing nuclear weapons into orbit and institutes restrictions on the testing of weapons or the creation of military installations on the moon or other celestial bodies. Three other treaties with wide adherence followed within another decade, quickly constructing much of the legal infrastructure for sustainable space operations. Yet, the process ground virtually to a halt thereafter, and no major space-related treaties have been concluded since 1979. The Carter administration engaged the Soviet Union in three sputtering rounds of ASAT negotiations in 1977–1979, and a decade later, the Reagan administration injected space security into the agenda for the Strategic Arms Reduction Treaty negotiations. None of those proceedings amounted to anything lasting. Indeed, the two most recent, somewhat feeble efforts at articulating additional rules for space have collapsed. The European Union hawked several sequential iterations of a proposed code of conduct, a non-legally-binding set of modest rules for safe space operations, A U.S. Air Force F-15A a mile high over the Pacific Ocean launches a multi-stage ASM- but it withered due to failures in its 135 missile as part of an anti-satellite intercept test on September 13, 1985. In 1958, substantive content and its negotiating the United States first began experimenting with ASAT weapons, beginning with process. Russia and China have likewise air-launched ballistic missiles and later, ground-launched ballistic missiles. The Soviet Union pursued similar experiments, as well as co-orbital ASAT systems. In the late- propounded their draft treaty on the 1970s, the United States began to develop non-nuclear, kinetic ASAT capabilities, such prevention of the placement of weapons as the air-launched ASM-135. (Photo: U.S. Air Force) ARMS CONTROL TODAY April 2021 15
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