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Do the nations that belong to the nuclear Non-Proliferation Treaty (NPT) have a right to withdraw from it at any time they wish and for any reason? This is a key question when considering international legal constraints on nuclear proliferation, and one that will confront the States Parties when they meet in New York on May 2. This article argues that the NPT and the United Nations Charter provide limits on the right of withdrawal from the treaty by authorising the UN Security Council to take action against NPT withdrawals that could lead to threats to international peace and security.

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When the Soviet Union dissolved on Dec. 25, 1991, the nuclear threat changed from the Cold War concern of ending civilization as we know it to one of securing "loose nukes" in chaotic Russia and other states of the former Soviet Union. I had the opportunity to visit the secret cities of the Russian nuclear complex six weeks after the collapse and to initiate a program of scientific collaboration between U.S. and Russian nuclear scientists. Together, we made remarkable progress in reducing the threat in the early and mid-1990's because of the trust we were able to build based on mutual respect, similar objectives, and a common heritage in the great early-20th century school of European physics.

Although the number of joint U.S. - Russian cooperative threat reduction programs increased and the U.S. funding rose dramatically at the turn of the millennium, real progress slowed as U.S. and Russian objectives began to diverge, and the programs became politicized and bureaucratized. Major opportunities to reduce the long-term threat were lost. Cooperation was re-energized by the tragic events of 9/11 and the emerging threat of nuclear terrorism. Today, both Presidents Bush and Putin agree that keeping nuclear weapons out of the hands of terrorists is their highest security priority. Yet, strategy and commitment on both sides appear incommensurate with the threat. I will discuss critical barriers to and opportunities for renewed cooperation to meet the threat.

Siegfried S. Hecker is currently a Senior Fellow at the Los Alamos National Laboratory. Dr. Hecker was Director of Los Alamos National Laboratory from 1986-1997. He joined the Laboratory as technical staff member of the Physical Metallurgy Group in 1973, following a postdoctoral assignment there in 1968-1970 and a summer graduate student assignment in 1965. He served as Chairman of the Center for Materials Science and Division Leader of the Materials Science and Technology Division before becoming Director. From 1970 to 1973 he was a senior research metallurgist with the General Motors Research Laboratories.

Dr. Hecker received his B.S. in metallurgy in 1965 and M.S. in metallurgy in 1967 from Case Institute of Technology and his Ph.D. in metallurgy in 1968 from Case Western Reserve University.

Dr. Hecker is a member of the National Academy of Engineering, Foreign Member of the Russian Academy of Sciences, Fellow of the TMS (Minerals, Metallurgy and Materials Society), Fellow of the American Society for Metals, Honorary Member of the American Ceramics Society, and Fellow of the American Academy of Arts and Sciences. Among other awards, Dr. Hecker received the American Nuclear Society Seaborg Medal (2004), the Acta Materialia J. Herbert Hollomon Award (2004), the Case Western Reserve University Alumni Association Gold Medal (2004) and Undergraduate Distinguished Alumni Award (2001), the New Mexico Distinguished Public Service Award, (1998); was named Laboratory Director of the Year by the Federal Laboratory Consortium, (1998); received an honorary Doctor of Science degree (Honoris Causa) from Case Western Reserve University (1998); received the Department of Energy's Distinguished Associate Award, (1997); the University of California's President's Medal, (1997); the ASM Distinguished Life Membership Award, (1997); an Honorary Degree of Scientiae Doctoris, Ripon College (1997); the Navy League New York Council Roosevelt Gold Medal for Science (1996); the Aviation Week Group Laurels Award for National Security (1995); the James O. Douglas Gold Medal Award (1990); the ASM International's Distinguished Lectureship in Materials and Society, (1989); the Kent Van Horn Distinguished Alumnus Award, Case Western Reserve University (1989); an Honorary Degree of Scientiae Doctoris, College of Santa Fe, (1988); the Year's Top 100 Innovations Award from Science Digest (1985); the Department of Energy's E. O. Lawrence Award, (1984); the American Society for Metals, Marcus A. Grossman Young Author Award (1976); and the Wesley P. Sykes Outstanding Metallurgist Award, Case Institute of Technology (1965). He is a member of the American Association for the Advancement of Science, Council on Foreign Relations, Tau Beta Pi Honorary Engineering Fraternity, Alpha Sigma Mu Honorary Metallurgical Fraternity, and the Society of Sigma Xi.

In addition to his current research activities in plutonium science and stockpile stewardship, he works closely with the Russian Academy of Sciences and the Russian Ministry of Atomic Energy on a variety of cooperative threat reduction programs. Dr. Hecker is also actively involved with the U.S. National Academies, serving on the Council of the National Academy of Engineering, serving as chair of the newly established Committee on Counterterrorism Challenges for Russia and the United States, and as a member of the National Academies Committee on Nuclear Nonproliferation. He is a member of ASM International and TMS, the Minerals/Metals/Materials Society, having served both in numerous local and national positions, and a member of the Materials Research Society and the American Association for the Advancement of Science. He is a member of the Council on Foreign Relations and the Pacific Council. He serves on the Corporate Advisory Panel of the UK Atomic Weapons Establishment, is a member of the Advisory Group to the Cooperative Research and Development Foundation (CRDF), and previously served on the Board of Regents for the University of New Mexico.

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Siegfried S. Hecker is a professor emeritus (research) in the Department of Management Science and Engineering and a senior fellow emeritus at the Freeman Spogli Institute for International Studies (FSI). He was co-director of CISAC from 2007-2012. From 1986 to 1997, Dr. Hecker served as the fifth Director of the Los Alamos National Laboratory. Dr. Hecker is an internationally recognized expert in plutonium science, global threat reduction, and nuclear security.

Dr. Hecker’s current research interests include nuclear nonproliferation and arms control, nuclear weapons policy, nuclear security, the safe and secure expansion of nuclear energy, and plutonium science. At the end of the Cold War, he has fostered cooperation with the Russian nuclear laboratories to secure and safeguard the vast stockpile of ex-Soviet fissile materials. In June 2016, the Los Alamos Historical Society published two volumes edited by Dr. Hecker. The works, titled Doomed to Cooperate, document the history of Russian-U.S. laboratory-to-laboratory cooperation since 1992.

Dr. Hecker’s research projects at CISAC focus on cooperation with young and senior nuclear professionals in Russia and China to reduce the risks of nuclear proliferation and nuclear terrorism worldwide, to avoid a return to a nuclear arms race, and to promote the safe and secure global expansion of nuclear power. He also continues to assess the technical and political challenges of nuclear North Korea and the nuclear aspirations of Iran.

Dr. Hecker joined Los Alamos National Laboratory as graduate research assistant and postdoctoral fellow before returning as technical staff member following a tenure at General Motors Research. He led the laboratory's Materials Science and Technology Division and Center for Materials Science before serving as laboratory director from 1986 through 1997, and senior fellow until July 2005.

Among his professional distinctions, Dr. Hecker is a member of the National Academy of Engineering; foreign member of the Russian Academy of Sciences; fellow of the TMS, or Minerals, Metallurgy and Materials Society; fellow of the American Society for Metals; fellow of the American Physical Society, honorary member of the American Ceramics Society; and fellow of the American Academy of Arts and Sciences.

His achievements have been recognized with the Presidential Enrico Fermi Award, the 2020 Building Bridges Award from the Pacific Century Institute, the 2018 National Engineering Award from the American Association of Engineering Societies, the 2017 American Nuclear Society Eisenhower Medal, the American Physical Society’s Leo Szilard Prize, the American Nuclear Society's Seaborg Medal, the Department of Energy's E.O. Lawrence Award, the Los Alamos National Laboratory Medal, among other awards including the Alumni Association Gold Medal and the Undergraduate Distinguished Alumni Award from Case Western Reserve University, where he earned his bachelor's, master's, and doctoral degrees in metallurgy.

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Siegfried S. Hecker Senior Fellow Speaker Los Alamos National Laboratory
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This report proposes a set of initiatives aimed at stopping the spread of nuclear weapons to more countries and to non-state terrorist and criminal organizations. The most effective way to do this is to strictly limit access to the key nuclear-explosive materials required to make nuclear weapons: high-enriched uranium (HEU) and plutonium. These materials must be secured and, where possible, eliminated; and the number of locations where they can be found or produced drastically reduced.

We propose measures to strengthen international security standards on the storage and transport of fissile materials; stop the spread of facilities capable of producing fissile materials (reprocessing and enrichment plants); end verifiably the production of fissile material for weapons; dispose of excess weapons and civilian fissile materials; and phase out the use of HEU as a reactor fuel.

Although the measures called for have been on the international agenda for decades, most are barely moving forward, if not completely stalled. These measures urgently need high-level attention.

Specifically, we call for the following initiatives:

  • A finding by the U.N. Security Council that a country that withdraws from the Non-Proliferation Treaty (NPT) and seeks to use for weapons purposes materials and technology acquired while it was a member constitutes a threat to international security and that such country will be subject to a clearly articulated escalating set of sanctions imposed by the international community. Exporters and importers should negotiate bilateral safeguards as a backup to international safeguards to assure that, in addition to a country's obligations under the NPT, they have a bilateral agreement that any nuclear facilities, equipment, or material that is exported will not be converted to weapons use. Such backup safeguards are already mandated in some agreements for nuclear cooperation between supplier and receiver countries;
  • The establishment of internationally verified minimum standards for the physical protection of fissile materials;
  • An international agreement that countries will build new uranium enrichment plants only if they have been first reviewed and approved under agreed criteria by the International Atomic Energy Agency (IAEA) or a special committee under the U.N. Security Council and are subject to an additional level of multinational oversight;
  • A moratorium on building new spent-fuel reprocessing plants until the existing plutonium stocks, including excess military stocks, are disposed of, and phase-out of plutonium separation at existing reprocessing plants if there is no compelling economic rationale to continue;
  • A Fissile Material Cutoff Treaty (FMCT) to end further production of fissile materials for weapons or outside international safeguards;
  • Actions by the United States and Russia to dispose of fissile materials recovered from excess weapons;
  • A phaseout of the use of HEU in reactor fuel and critical assemblies.
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Do NPT parties like North Korea have a right to withdraw from the NPT for any reason? What does the history of the withdrawal clause suggest? Two NPT negotiators look at the history of negotiations, to analyze the meaning and implications of the treaty's withdrawal clause.

A shorter version of this article appeared in Arms Control and Security Letters, vol. 5, no. 161, September 2005, published by the PIR Center (the Center for Policy Studies) in Russia.

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The United Nations High-Level Panel on Threats, Challenges and Change completed its comprehensive review of collective security, recommending historic changes to the U.N. in its report, "A more secure world: Our shared responsibility." Among the panel's 101 recommendations for the U.N. and member states are expansion of the U.N. Security Council and creation of a Peacebuilding Commission to advance proactive, preventive global security measures.

The report culminates a year-long project for which SIIS Senior Fellow Stephen J. Stedman served as research director. The 16-member panel, commissioned by U.N. Secretary-General Kofi Annan and chaired by former Thailand Prime Minister Anand Panyarachun, represents the U.N.'s most comprehensive effort to analyze collective security, since the founding of the international body in 1947. The select panel sought international input in an effort to honor the perspectives of all member states, as it analyzed current threats and identified specific security measures.

Nations are the "front line in today's combat," Annan said, introducing the report. He added, "The task of helping states improve their own capacities to deal with contemporary threats is vital and urgent. The United Nations must be able to do this better. The panel tells us how."

The report identifies six major threats to global security: war between states; violence within states, including civil wars, large-scale human rights abuses and genocide; poverty, infectious disease and environmental degradation; nuclear, chemical, biological and radiological weapons; terrorism; and transnational organized crime.

The panel proposed expanding the U.N. Security Council--for which it put forth two options--as well as creating a Peacebuilding Commission to help the Security Council pursue the recommended preventive security strategies. One proposal for Security Council expansion would appoint new permanent members, and the other would establish new long-term, renewable seats. Neither option creates any new vetoes.

In a cover letter to the secretary-general, Panyarachun thanked CISAC and Stedman for supporting the panel's work. CISAC Co-Director Christopher F. Chyba served on the panel's 30-member resource group, providing expertise on nuclear nonproliferation and bioterrorism. CISAC hosted a nuclear nonproliferation workshop at Stanford for the panel last March, and Panyarachun discussed security issues with representatives from China, India, Pakistan, Russia and the United States at CISAC's Five-Nation Project meeting in Bangkok last summer. Stedman's research staff included Bruce Jones, a former CISAC Hamburg Fellow, and Tarun Chhabra, a graduate of CISAC's undergraduate honors program.

Annan has asked Stedman to stay at the United Nations another year to help gain worldwide support in implementing the panel's recommendations.

The panel's report received prominent news coverage, including a front-page New York Times article ("Report urges big changes for the U.N.," by Warren Hoge, Dec. 4), and in the Economist an invited article by Annan ("Courage to fulfill our responsibilities," Dec. 4) as well as several other pieces in the Nov. 24 and Dec. 4 issues.

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Earlier this month, the so-called EU Three--Britain, France and Germany-- achieved an important victory for global security, convincing Iran to suspend its uranium enrichment and plutonium reprocessing activities pending further negotiation on its nuclear question. Though Iran claims that it does not desire a nuclear bomb, the West has long been skeptical of the oil-rich state's contention that it seeks a nuclear fuel cycle for energy purposes alone. Europe and the United States (and of course Israel) will sleep better knowing that Tehran is not pursuing enrichment activities, whatever their alleged purpose.

But the EU3 agreement, which fails to discuss consequences for Iran if it breaks the deal, is vulnerable to being undermined not only by Iran but also by the United States; both have already raised eyebrows in the wake of the accord. Iran raced to produce uranium hexafluoride, a gas that can be enriched into bomb fuel, before it began to observe the temporary suspension on Monday. And both President George W. Bush and outgoing Secretary of State Colin Powell have publicly aired their suspicions that Iran will continue its drive for nuclear weapons under cover of the deal.

At the moment, administration hawks are pressing to confront the mullahs at the United Nations Security Council, where economic sanctions could be considered; calls for using force and for regime change are likely to follow.

Military action is inadvisable at this point, because of a dearth of solid intelligence and the secretive, geographically diffuse nature of Iran's nuclear sites. If the issue reaches the Security Council with the United States and Europe continuing along divergent paths, the inevitable deadlock will deal a severe and lasting blow to international security. Therefore, the agreement must be fortified to keep the Iranians honest, the Europeans effectively engaged and the U.S. hawks bridled.

This can be achieved through a U.S.-European accord laying out trigger mechanisms for specified consequences if Iran violates certain benchmarks. For example, if Iran fails to allow inspectors the access accorded by the Nuclear Nonproliferation Treaty's additional protocol--which Iran is provisionally observing pending ratification--or resumes enrichment and centrifuge-building activities, it could face severe economic sanctions, censure by the Security Council (necessitating cooperation from Russia and China), or in the event of hostility, a forceful response.

We don't know yet whether Tehran will play by the rules. The regime has mastered the art of behaving badly and then seeking rewards for getting back into line. To date, the Europeans have played into its hands, offering carrots for compliance without wielding sticks to punish violations.

Therefore, the Bush administration's apparent comfort with a military option can serve as an important deterrent against Iranian cheating, arming the EU3 agreement with teeth that it would not otherwise have. Iran desires economic incentives but does not yet desperately need them; without a credible threat of U.S.-backed sanctions imposed by the international community, the mullahs can simply decide one day that the restrictions have ceased to be worth their while, and break any deal as though it were merely a business contract.

For the United States, accepting the EU3's carrot-based approach (provided the benchmarks are added) will show the world that it still supports negotiated diplomacy and multilateralism, even in cases where military threats loom. Participating in this framework will also send a message to Iran that the United States is not ruling out renewed relations. This would resonate with the largely pro-American Iranian populace, who despise their regime and are seeking inroads to break free of it.

But if the United States instead presents itself as a unilateralist maverick, it will hinder its own interests; the only thing Iranians disdain more than the mullahs is outside meddling with their deeply nationalistic desire for self-determination. The more overtly hostile the United States acts toward Iran, the more the mullahs are able to spin America's posture to alienate Iranians against the "Great Satan."

The way to keep the Iranian regime in check while speeding its demise is to insure the nuclear agreement through benchmarks and triggers, and then give the mullahs exactly what they ask for in terms of increased access to international institutions like the World Trade Organization.

Such carrots can also be Trojan Horses, allowing the forces of democratic reform within Iran to blossom by enabling pro-democracy elements to make global connections. The U.S. and Europe should saddle up those horses together.

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Nuclear weapons states must move to disarm, and nations must join in multilateral approaches to prevent further nuclear proliferation, said Mohamed ElBaradei, head of the International Atomic Energy Agency (IAEA), at CISAC's Drell Lecture on Nov. 4.

Nuclear weapons states must move to disarm, and nations must join in multilateral approaches to prevent further nuclear proliferation, said Mohamed ElBaradei, head of the International Atomic Energy Agency (IAEA), at CISAC's Drell Lecture on Nov. 4.

"If we are ever to build a global security culture based on human solidarity and shared human values -- a collective security framework that will serve the interests of all countries equally, and make reliance on nuclear weapons obsolete -- the time is now," ElBaradei said. Drawing lessons from Iraq and other recent experiences with IAEA nuclear weapons inspections, ElBaradei called upon politicians, scientists and society to join in international collective actions toward nuclear disarmament.

ElBaradei's lecture was covered by Reuters, the Stanford Daily: U.N. expert cites nuclear danger, the San Jose Mercury News and other news media.

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With nuclear weapons, there is no effective defense. As a result, unless or until universal disarmament can be achieved, arming to prevent war can only mean nuclear deterrence. The US and the Soviet Union overdid deterrence by a large factor in my estimation, but the general view is that it seemed to work in that particular situation. The key assumption of nuclear deterrence is that the prospect of a single weapon dropped on a single city makes any war of conquest unattractive. Equally important is that the inevitable devastation was obvious to all ahead of time, so that the usual demagogic arguments for war failed and for the most part were not made.

No one pretends that what I have just said about nuclear deterrence is the whole story. For one thing, there are many traps and dangers in the actual practice of nuclear deterrence. What is to be done, for instance, about challenges that don't directly involve the risk of nuclear war but might do so down the line? There were plenty of such challenges during the Cold War, in Korea, in Berlin, in Cuba, and in Israel.

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The nuclear programs of the Democratic People's Republic of Korea (DPRK), Iran, and Pakistan provide the most visible manifestations of three broad and interrelated challenges to the nuclear nonproliferation regime. The first is so-called latent proliferation, in which a country adheres to, or at least for some time maintains a façade of adhering to, its formal obligations under the Nuclear Nonproliferation Treaty (NPT) while nevertheless developing the capabilities needed for a nuclear weapons program. That country can then either withdraw from the NPT and build actual weapons on short notice, or simply stay within the NPT while maintaining the latent capability for the rapid realization of nuclear weapons as a hedge against future threats. This was the path followed by the DPRK with its plutonium program and one that is likely being followed by Iran and more subtly by others. The second broad challenge is first-tier nuclear proliferation, in which technology or material sold or stolen from private companies or state nuclear programs assists nonnuclear weapons states in developing illegal nuclear weapons programs and delivery systems. The third challenge--the focus of this article--is second-tier nuclear proliferation, in which states in the developing world with varying technical capabilities trade among themselves to bolster one another's nuclear and strategic weapons efforts.

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This article grew out of a week-long study in August 2002 to assist ongoing efforts inside and outside the government to remedy some vulnerabilities of the international shipping system on which US and a great deal of world prosperity depend. The study's objective was to identify the most important research initiatives and the major policy issues that need to be addressed in order to improve security of imports using shipping containers, particularly against the importation of nuclear materials and weapons, while maintaining an open trading system. To be effective, a system to detect nuclear weapons or special nuclear material before they reach U.S. ports must be international in scope and reach. It must also be economically acceptable both in terms of total cost and with respect to how these costs are allocated; degrade gracefully when subjected to attack; produce actionable intelligence in a timely manner; treat false alarms realistically; be adaptable to a variety of local physical and political conditions; be auditable, secure yet accessible to the needed foreign and domestic security agencies, and have clear lines of oversight and responsibility. Finally, the system should be flexible enough to allow for regular updates as users and operators gain experience and system performance is reviewed. This study identified a sample technical approach that is feasible technically and operationally and involves components already in the early deployment stage. The approach involves container certification; monitoring at ports of embarkation, debarkation, and continuously during shipment and storage; and continuous data fusion. Specific recommendations regarding system characteristics made by the study include rigorous testing during deployment and in the field, international coordination of standards and protocols, careful analysis of the system for compatibility with pertinent governmental policies and business and labor agreements, and early provision for forward-looking research and development.

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Tonya Putnam
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