Showing posts with label nuclear weapons. Show all posts
Showing posts with label nuclear weapons. Show all posts

What Leverage Does a Nuke Earn Iran?

>> Thursday, February 11, 2010

Kroenig, via Yglesias:

The United States’ global power-projection capability provides Washington with a significant strategic advantage: It can protect, or threaten, Iran and any other country on the planet. An Iranian nuclear weapon, however, would greatly reduce the latitude of its armed forces in the Middle East. If the United States planned a military operation in the region, for example, and a nuclear-armed Iran objected that the operation threatened its vital interests, any U.S. president would be forced to rethink his decision.

Really? Why? I can see how a US President might be forced to rethink a decision that would lead inevitably to the destruction of the Iranian state; in such a scenario, we might plausibly expect that there would be at least a chance that the Iranians would use a nuclear weapon, although of course the first step of any such intervention would be extremely heavy bombing attacks on all known or suspected Iranian nuclear weapon sites. But for anything short of actually conquering Iran and overthrowing its government, do nuclear weapons give Iran any additional leverage? Does anyone think that Iran would have used a nuke in protest of the US invasion of Iraq, or Israel's offensive against Hezbollah? Or the establishment of US bases on Iran's borders? Under what circumstances, exactly, would an Iranian nuclear weapon actual force the United States to reconsider some action it wished to take?

I understand the stability-instability paradox, the idea that the strategic stability produced by nuclear weapons can produce low level instability. If that's the argument Kroenig is making (having a nuke will allow Iran more latitude in mucking about in Iraq or Lebanon or Gaza) then it should be made with greater clarity (and perhaps it is in the book). Even here, however, I doubt that the stability-instability paradox really holds; US conventional capabilities are so advanced that I very much doubt that any Iranian nuclear capability could survive a US conventional first strike.

Another way to think of this is to look to the example of Pakistan. The Pakistani nuclear deterrent hasn't prevented the United States from overthrowing Pakistan's client in Afghanistan, continuing the fight against that client for nine years (as the fight destabilized Pakistan's border regions), and even launching a long campaign of attacks within Pakistan's borders. It's almost enough to make one doubt that nuclear weapons actually provide any serious leverage in ordinary diplomatic and military disputes.

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International Criminal Court Redux

>> Tuesday, January 26, 2010

Later this year, state parties will get together to revisit the Statute for the International Criminal Court. Definitely on the agenda is clarifying the crime of aggression, which was left hanging in 1998 in order to bring discussions to a close. But governments also have the opportunity to add new crimes to the list of those under the court's jurisdiction (as well as suggest procedural changes). So far proposals relating to jurisdiction include:

1) A proposal by Trinidad and Tobago to try drug traffickers at the ICC. (If in 1989 you suggest a court for this specific purpose, and if nine years later states construct that very court while tabling the issue for which you originally suggested it, instead making it a court to try genocidaires and war criminals, try try again.)

2) A proposal by Belgium to extend the list of prohibited conventional weapons. (Roger Clark has an interesting essay on Article 8 in a Special Double Issue of the New Criminal Law Review organized by Opinio Juris' Kevin Jon Heller.)

3) A proposal by the Netherlands to include terrorism in the court's jurisdiction alongside aggression, war crimes, genocide and crimes against humanity. (Unlike the drug trafficking proposal, which actually aims to define the crime, Netherlands only proposes to include the crime of terrorism hypothetically, pending an agreed definition. Smart. Also somewhat meaningless.)

4) A proposal by Mexico to include the use of nuclear weapons under the definition of war crimes. (Good luck with that.)

Apparently no "States Parties" have taken up suggestions that piracy be added to the list of crimes under ICC jurisdiction.

[cross-posted at Current Intelligence]

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