Abstract
The concern that there would soon be a large number of atomic weapons powers is not new. More than 50 years ago atomic weapons were already regarded as the “absolute weapon”.1 Against that background, the President of the USA, John F. Kennedy, feared in the early 1960s that by 1975 fifteen or twenty states would have atomic weapons at their disposal. Kennedy was mistaken here and many others with him. Contrary to many warnings, the overall balance of atomic non-proliferation policy does report considerable success: of the roughly 40 states which in view of their technical and industrial capabilities would in principle be in a position to start a weapons programme today and produce nuclear weapons in the foreseeable future, only four have joined the five established weapons powers in the past 25 years: Israel, which has never officially admitted to possess nuclear weapons but implied having a nuclear arsenal; India as a self-declared power after its weapons tests in May 1998; Pakistan, responding in kind during the same month; and South Africa, whose government disclosed in 1993 that the country had become a nuclear weapon state in the 1980s but acceded to the Non-Proliferation Treaty (NPT) in 1991 as a non-nuclear weapon state after having the weapons programme discontinued and the nuclear weapons destroyed — the first case of complete atomic weapons disarmament. Furthermore, Iraq has attempted to construct nuclear weapons, possibly also North Korea, and they are therefore on a list of suspects together with Iran, Libya and (sometimes) Algeria, even if for these three states there is no more than an initial political suspicion since Algeria’s and Libya’s nuclear capabilities are negligible and Iran’s nuclear programme is relatively primitive today2 but expanding, probably with Russian support.3
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References
Bernard Brodie (ed.), The Absolute Weapon: Atomic Power and World Order, New York 1946.
Andrew Koch / Jeanette Wolf, Iran’s Nuclear Procurement Program: How Close to the Bomb?, in: The Nonproliferation Review, vol. 5, no. 1 (1997), pp. 123–135.
Cf. Russia Today, http://www.russiatoday.com/.
Harald Müller, Nukleare Nichtverbreitung: Ein umfassender Strategieentwurf. Hessische Stiftung für Friedens- und Konfliktforschung, HSFK-Report 7/1993, p. 5.
Wolfgang Fischer, Political Science Theory and Non-Proliferation: Why are there so few states with nuclear weapons?, in: Workshop on Science and Modern Technology for Safeguards. Arona, Italy, October 1996, Proceedings. Ispra 1997 (ESARDA Secretariat), pp. 323–327.
Cf for a survey Joachim Krause (ed.), Kernwaffenverbreitung und internationaler Systemwandel, Baden-Baden 1994; Erwin Häckel/Karl Kaiser, Internationale Nichtverbreitungspolitik, in: Hans Michaelis/Carsten Salander (eds.), Handbuch Kernenergie, Frankfurt/M. 1995, pp. 837–889.
INFCIRC/66 safeguards for some facilities in the states which are not members of the NPT are not taken into consideration here since they are of marginal significance for non-proliferation.
For the non-proliferation regime it is important that such states are in the NPT since they are thereby legally bound to its provisions so that the community of nations has a clear
contractual starting point for action against such states in the case of a treaty violation. Cf. Consultant Meeting on Integrated Safeguards, 7 - l4th December 1998, IAEA, Vienna, and article by R. Gerstler et. al. in this book.
R. Hooper/J. Cooley, An IAEA Development Programme for strengthened and more cost-effective Safeguards, in: European Safeguards Research and Development Association (ESARDA), 17th Annual Symposium, Aachen 1995, Proceedings. Brussels 1995, pp. 31–37 (31).
Nevertheless, the Iraqi regime intended to use safeguarded material for a weapons crash-12 programme regardless of detection. This was prevented by Iraq’s defeat in the Gulf War.
After the collapse of the Ceausescu dictatorship, it became known that during this period a very small quantity of plutonium had been separated without informing the IAEA (cf. U.S. Congress, Office of Technology Assessment, Nuclear Safeguards and the International Atomic Energy Agency, OTA-ISS-615. Washington, DC: U.S. Government Printing Office, June 1995, p. 31).
Owen Greene, Verifying the Non-Proliferation Treaty, Verification Technology Information Centre (VERTIC), London 1992
Cf. Joachim Radkau, Die Kontroverse um den Atomsperrvertrag aus der Rückschau, in:Constanze Eisenbart/Dieter von Ehrenstein (eds.), Nichtverbreitung von Nuklearwaffen - Krise eines Konzepts. Heidelberg 1990, pp. 63–89. There is still no detailed analysis of the negotiation process for INFCIRC/153 and of how a political compromise was e “translated” into a concrete safeguards system.
Erwin Häckel, Die Bundesrepublik Deutschland und der Atomwaffensperrvertrag, Bonn 1989, pp. 14–18.
During those years, Germany pursued a justifiable but very defensive and reactive attitude with respect to further safeguards development. The lack of an offensive safeguards policy with high-ranking political support contributed to Germany being largely isolated in the negotiations on INFCIRC/540 and overwhelmed by the negotiation dynamics initiated by the IAEA secretariat and in particular the USA.
Cf. Wolf Häfele et al., Die Überwachung von Kernmaterial, in: Spektrum der Wissenschaft, Februar 1985, pp. 32–47.
Wolf Häfele/Wolf-Dieter Lauppe, Zur Verlängerung des Atomwaffensperrvertrages 1995 und zur Problematik der damit zusammenhängenden Sicherheits-und Kontrollfragen, in: David Fischer et al., Nichtverbreitung von Kernwaffen, Bonn 1991, pp. 11–28.
The literature does not concern itself with Special Inspections at all (see for example Rüdiger Freiherr von Preuschen v. u. zu Liebenstein, IAEO-Sicherungsmaßnahmen gegen die Abzweigung von Kernmaterial fir Kernsprengkörper, Ph.D. thesis, University of Cologne, 1982; Lawrence Scheinman, The International Atomic Agency and World Nuclear Order, Washington D.C. 1987) or only marginally (see Zwölf Thesen, in: Eisenbart/von Ehrenstein (footnote 14), p. 21f). Special Inspections for the detection of undeclared activities received international attention for the first time at the Fourth NPT Review Conference in 1990, when in view of indications of an Iraqi weapons programme demands were made to strengthen safeguards, amongst other aspects, by implementing Special Inspections.
Informing the IAEA in good time of the construction of nuclear facilities as well as comprehensive voluntary reporting by the states to the IAEA within the framework of INFCIRC/ 153.
In which it was stated that the members of the Security Council would regard any proliferation of weapons of mass destruction as a threat to international peace and security and they would take appropriate action on any violation reported by the IAEA. This means that the right to withdraw from the Treaty, laid down in the NPT, is limited to the extent that the Security Council would examine each individual case to establish whether it represents a threat to international peace and security.
Häckel/Kaiser (footnote 6), p.882.
Cf. Nucleonics Week, December 24, 1998,pp. 11–12.
Bernard E. Trainor, The Clinton Doctrine, in: Nersweek, March 2, 1998, p. 17.
Cf. Wolfgang Fischer/Gotthard Stein, Das “Gestärkte Safeguards-System” der IAEO, in: Energiewirtschaftliche Tagesfragen, vol. 48, no. 8 (1998), pp. 524–530.
See for a first draft of a proposed Future Risk Oriented Safeguards System: Wolfgang Fischer, Learning from other regimes -“Social monitoring” as a contribution to effective Safeguards?, 20th ESARDA Annual Meeting, Helsinki, May 1998, Proceedings in preparation.
See ibid. for some of their characteristics.
“The Agency shall not mechanistically or systematically seek to verify the information referred to in Article 2; (…)”.
Criteria to be used for determining the actual number, intensity etc. of routine inspections.
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Fischer, W. (2000). Nuclear Non-Proliferation and Safeguards: From INFCIRC/153 to INFCIRC/540 and Beyond. In: Häckel, E., Stein, G. (eds) Tightening the Reins. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-57147-3_2
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DOI: https://doi.org/10.1007/978-3-642-57147-3_2
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