NPT’s Midlife Crisis

Published in The Korea Times on June 16, 2021

In March 2020, the Nuclear Nonproliferation Treaty (NPT) turned fifty. The tenth Review Conference (RevCon), originally scheduled for April and May, was postponed to January 2021 and is now tentatively planned for August 2021.

The NPT is often described as the cornerstone of the global nuclear order. It is among the most widely adhered to global treaties. All countries except four (India, Israel, and Pakistan never joined, and North Korea withdrew in 2003) are parties to the NPT. Despite its enviable record, a sense of disquiet and uncertainty surround the RevCon and its future.

Any global order needs two enabling conditions: a convergence of interests among the present major powers to define a shared objective and an ability to package and present it to the world as a global public good. The conditions for nuclear order and the NPT were no exception.

In 1963, only four countries (the United States, France, the Soviet Union, and the United Kingdom) had tested a nuclear device when U.S. President John F. Kennedy sounded the alarm that by 1975 there could be as many as twenty countries with nuclear weapons. The Soviet Union shared similar concerns. This convergence of interests between the two Cold War adversaries enabled the NPT negotiations.

To make nuclear order attractive as a global public good, it was packaged as a three-legged stool: nonproliferation, obliging those without nuclear weapons to never acquire them and accept full-scope safeguards; disarmament, requiring the five countries with nuclear weapons (the United States, China, France, the Soviet Union, and the United Kingdom) to negotiate the reduction and eventual elimination of their nuclear weapons; and peaceful use of nuclear energy, guaranteeing non–nuclear weapons states full access to peaceful applications of nuclear science and technology.

Since the NPT was concluded, only the four countries outside the NPT have acquired nuclear weapons, bringing the total number of nuclear weapons states to nine, far fewer than Kennedy feared in 1963.

Among the oft-cited successes of the NPT is the dramatic reduction in the number of nuclear weapons from a peak of over 70,000 warheads in early 1980s to around 14,000 at present, with the United States and Russia accounting for over 12,500 of them. However, these reductions were a result of bilateral negotiations between the United States and Russia, reflecting the state of their relations. No negotiations have ever been held within the NPT framework. In fact, during the first fifteen years of the NPT, the U.S. and Soviet arsenals increased from below 40,000 to over 65,000, making it clear that the nuclear disarmament leg of the NPT was being ignored as the United States and Soviet Union embarked on a nuclear arms race.

Some claim that the NPT helped strengthen the taboo against nuclear weapons. However, a closer examination of recently declassified papers indicates that since 1970, there have been over a dozen instances where the United States and Soviet Union came close to initiating a nuclear exchange, many of which were based on system errors or misperceptions about the intentions of the other.

Today, the nuclear taboo is being challenged as major nuclear powers undertake research and development (R&D) for more usable low-yield nuclear weapons. Ballistic missile defense, hypersonic systems that carry both conventional and nuclear payloads, and growing offensive cyber capabilities further blur the line between conventional and nuclear weapons.

The NPT has reached the limits of its success as far as the proliferation objective is concerned. Further, its packaging as a balanced three-legged stool stands exposed as a wobbly, one-legged stool, for the NPT delegitimized proliferation but not nuclear weapons.

The clearest reflection of this growing frustration among the non–nuclear weapons states party to the NPT was the humanitarian initiative spearheaded by a coalition of nongovernmental organizations (NGOs) and civil society to negotiate a treaty prohibiting nuclear weapons. The Treaty on the Prohibition of Nuclear Weapons (TPNW) was concluded in 2017 and entered into force in January 2021, making it the only multilateral nuclear treaty to emerge since the NPT fifty years ago. Each of the TPNW’s eighty-six signatories and fifty-four ratifying states are members of the NPT in good standing.

For the first time, an NPT RevCon will take place with a new, unignorable divide between states that rely on nuclear weapons (or nuclear-armed allies) for their security and states that believe nuclear weapons are a threat to global security and accept that the NPT cannot be the route to nuclear disarmament.

However, the five nuclear weapons states party to the NPT are convinced that the TPNW undermines the NPT even though the TPNW’s 140 signatories and ratifiers provide legitimacy.

Other divisive political challenges for the RevCon include Iran and the Joint Comprehensive Plan of Action, which was unilaterally discarded by the Donald Trump administration; a push by non–nuclear weapons states for substantive reductions in nuclear arsenals; lack of progress on the 1995 initiative for the Middle East as a zone free of all weapons of mass destruction; a U.S. push for universal adherence to the International Atomic Energy Agency Additional Protocol; and North Korea’s nuclear arsenal, among others.

For the last fifty years, a substantive consensus outcome has been the criteria for a successful RevCon. Yet anticipating the difficulties of a consensus, the NPT supporters are suggesting that the definition of a successful outcome should be reconsidered.

However, such an approach is at best a temporary resolution. Any permanent resolution would lie in accepting the limitations of the NPT and seeking to join the TPNW proponents in a constructive dialogue. This needs imaginative approaches and a shift from the zero-sum model of negotiation to a win-win outcome, preserving the NPT while looking beyond it. A mindset change is necessary for the NPT to overcome its midlife crisis.

Rakesh Sood is a Distinguished Fellow at the Observer Research Foundation in New Delhi, India, and a member of the Asia-Pacific Leadership for Nuclear Non-Proliferation and Disarmament (APLN). This is an abridged version of the paper originally published for the Council on Foreign Relations’ Council of Councils Tenth Annual Conference. His article was published in cooperation with the APLN (www.apln.network).

https://www.koreatimes.co.kr/www/opinion/2021/06/197_310524.html

The NPT’s Midlife Crisis

My Background Memo for Council of Council’s Annual Conference, May 24-25. 2021

In March 2020, the Nuclear Nonproliferation Treaty (NPT) turned fifty. The tenth Review Conference (RevCon), originally scheduled for April and May, was postponed to January 2021 and is now tentatively planned for August 2021 amid continued monitoring of the COVID-19 pandemic.

The NPT is often described as the cornerstone of the global nuclear order. It is among the most widely adhered to global treaties. All countries except four (India, Israel, and Pakistan never joined, and North Korea withdrew in 2003) are parties to the NPT. Despite its enviable record, a sense of disquiet and uncertainty surround the RevCon and its future.

Shaping of a Global Order

Any global order needs two enabling conditions: a convergence of interests among the present major powers to define a shared objective and an ability to package and present it to the world as a global public good. The conditions for nuclear order and the NPT were no exception.

In 1963, only four countries (the United States, France, the Soviet Union, and the United Kingdom) had tested a nuclear device when U.S. President John F. Kennedy sounded the alarm that by 1975 there could be as many as twenty countries with nuclear weapons. The Soviet Union shared similar concerns. This convergence of interests between the two Cold War adversaries enabled the NPT negotiations.

To make nuclear order attractive as a global public good, it was packaged as a three-legged stool: nonproliferation, obliging those without nuclear weapons to never acquire them and accept full-scope safeguards; disarmament, requiring the five countries with nuclear weapons (the United States, China, France, the Soviet Union, and the United Kingdom) to negotiate the reduction and eventual elimination of their nuclear weapons; and peaceful use of nuclear energy, guaranteeing non–nuclear weapons states full access to peaceful applications of nuclear science and technology.

Evaluating the NPT

Since the NPT was concluded, only the four countries outside the NPT have acquired nuclear weapons, bringing the total number of nuclear weapons states to nine, far fewer than Kennedy feared in 1963. By this measure, the NPT has been enormously successful, even though it has no means of dealing with these four states.

Among the oft-cited successes of the NPT is the dramatic reduction in the number of nuclear weapons from a peak of over 70,000 warheads in early 1980s to around 14,000 at present, with the United States and Russia accounting for over 12,500 of them. However, these reductions were a result of bilateral negotiations between the United States and Russia, reflecting the state of their relations. No negotiations have ever been held within the NPT framework. In fact, during the first fifteen years of the NPT, the U.S. and Soviet arsenals increased from below 40,000 to over 65,000, making it clear that the nuclear disarmament leg of the NPT was being ignored as the United States and Soviet Union embarked on a nuclear arms race. 

Some claim that the NPT helped strengthen the taboo against nuclear weapons. However, a closer examination of recently declassified papers indicates that since 1970, there have been over a dozen instances where the United States and Soviet Union came close to initiating a nuclear exchange, many of which were based on system errors or misperceptions about the intentions of the other. Even today, with some nuclear weapons maintained on hair-trigger alert, the risk of an accidental or inadvertent nuclear exchange remains.

Today, the nuclear taboo is being challenged as major nuclear powers undertake research and development (R&D) for more usable low-yield nuclear weapons. Ballistic missile defense, hypersonic systems that carry both conventional and nuclear payloads, and growing offensive cyber capabilities further blur the line between conventional and nuclear weapons.

Challenges Before NPT RevCon

The NPT has reached the limits of its success as far as the proliferation objective is concerned. Further, its packaging as a balanced three-legged stool stands exposed as a wobbly, one-legged stool, for the NPT delegitimized proliferation but not nuclear weapons.

The clearest reflection of this growing frustration among the non–nuclear weapons states party to the NPT was the humanitarian initiative spearheaded by a coalition of nongovernmental organizations (NGOs) and civil society to negotiate a treaty prohibiting nuclear weapons. The Treaty on the Prohibition of Nuclear Weapons (TPNW) was concluded in 2017 and entered into force in January 2021, making it the only multilateral nuclear treaty to emerge since the NPT fifty years ago. (The Comprehensive Nuclear-Test-Ban Treaty was concluded in 1996 but is yet to enter into force after twenty-five years, indicating its political infirmity.) Each of the TPNW’s eighty-six signatories and fifty-four ratifying states are members of the NPT in good standing.

For the first time, an NPT RevCon will take place with a new, unignorable divide between states that rely on nuclear weapons (or nuclear-armed allies) for their security and states that believe nuclear weapons are a threat to global security and accept that the NPT cannot be the route to nuclear disarmament.

However, the five nuclear weapons states party to the NPT are convinced that the TPNW undermines the NPT even though the TPNW’s 140 signatories and ratifiers provide legitimacy.

Other divisive political challenges for the RevCon include Iran and the Joint Comprehensive Plan of Action, which was unilaterally discarded by the Donald Trump administration; a push by non–nuclear weapons states for substantive reductions in nuclear arsenals; lack of progress on the 1995 initiative for the Middle East as a zone free of all weapons of mass destruction; a U.S. push for universal adherence to the International Atomic Energy Agency Additional Protocol; and North Korea’s nuclear arsenal, among others.

Redefining Success

For the last fifty years, a substantive consensus outcome has been the criteria for a successful RevCon. Yet anticipating the difficulties of a consensus, the NPT supporters are suggesting that the definition of a successful outcome should be reconsidered.

The NPT record indicates that no consensus was reached in 1980, 1990, 2005, and 2015. In 1995, despite the failure to reach consensus on a comprehensive final document, the critical objective of an indefinite and unconditional extension of the NPT was achieved (it had an original duration of twenty-five years). Some use this outcome to argue that a consensus final document need not be a true measure of success. Conversely, the 2000 and 2010 RevCons reached consensus after difficult negotiations, but none of the agreed steps or recommendations were ever implemented. Even these past agreements are unlikely to be endorsed today. The convergence of interests among the major powers has broken down, removing the basic political pre-condition for any progress.

Nuclear weapons–dependent states suggest setting a lower bar for a successful outcome. Merely holding a conference should be enough, according to some, as this would avoid the acrimonious and time-consuming negotiations that create undue expectations. However, such an approach is at best a temporary resolution. Any permanent resolution would lie in accepting the limitations of the NPT and seeking to join the TPNW proponents in a constructive dialogue. This needs imaginative approaches and a shift from the zero-sum model of negotiation to a win-win outcome, preserving the NPT while looking beyond it. A mindset change is necessary for the NPT to overcome its midlife crisis.

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After the US Exit, The Afghanistan Road Map

Published in Hindustan Times on 29 April, 2021

Everyone agrees that 2021 will be a year of reckoning for Afghanistan; thereafter, the narratives begin to diverge. For the US, it marks the end of America’s longest war. For the Taliban, 2021 marks their victory over the most powerful military force, the sole superpower. In popular mythmaking, it adds to the notion of Afghanistan as the graveyard of empires.

For the Afghans, it is the opening of yet another page in their unending conflict that began in 1973 with the coup by Sardar Mohammed Daud who deposed his cousin, King Zahir Shah, replacing the 200 year old monarchy with a socialist republic and sparking a chain of events leading to the Soviet intervention in 1979, the CIA-ISI jihad against the godless Communists during the 1980s, the collapse of the Communist regime and the deadly infighting among the Mujahiddin, emergence of the Taliban in 1994 and US entry in 2001 a month after the 9/11 attacks.

What makes the current chapter tragic is that the US intervention enjoyed the support of the international community and was also welcomed by the vast majority of the Afghan population. More than thirty countries contributed troops to the International Security Assistance Force; the UN Security Council backed it unanimously; and a large UN Assistance Mission for Afghanistan was set up to coordinate international assistance for Afghan reconstruction and development.

Two decades later, having spent nearly $1.5 trillion on its war operations and nearly 2400 US soldiers killed, the US has no good options. A cumulative set of errors have led to a US fatigue with the Afghan project: A belief in 2002 that the Taliban was defeated when they had only dispersed to sanctuaries in Pakistan; introducing a centralised presidential system that lacked institutions for checks and balances, resulting in weak local governance; shifting focus to the disastrous war in Iraq in 2003; gradual return of the Taliban beginning in 2005 and US failure to check Pakistan’s duplicity on the matter; inability to curb opium production that fuelled the insurgency; President Barack Obama announcing the troop surge in 2009 along with the drawdown 18 months later; a growing legitimisation of Taliban as a political force, cemented by the opening of the Doha office in 2013, prodded by UK, Norway and Germany; and finally, the Doha agreement last year, packaged as a peace deal but essentially a US withdrawal deal.

During the past two decades, as Senator, as Vice-President, and now as President, Joe Biden has been through hundreds of briefings on Afghanistan and visited the region over a dozen times. He believed that the objective of delivering justice to those who perpetrated the 9/11 attack on the US had been achieved and the terrorist threat to the US homeland from Afghanistan was such that it did not require a permanent US military presence in Afghanistan. Yet, he did give diplomacy a chance. There was a new peace plan and a flurry of diplomatic activity for a Bonn 2 conference under UN auspices. Within a month, it was clear that it wouldn’t work. Taliban rejected any idea of a ceasefire; many Afghan politicians liked the idea of Ghani stepping down; and an unhappy Ghani suggested early elections instead. Biden announced the new deadline of implementing the withdrawal before 11 September.

However, a Taliban takeover is not a foregone conclusion as long as US funding continues and the Afghan security forces maintain the integrity of the chain of command. The Taliban will also learn that the Afghanistan of 2021 is very different from that of 1994. Nearly three-fourths of the Afghan population is below 30 and is used to living in a conservative but open society.

If the Kabul regime is divided so is the Taliban. There are at least five groupings: Mullah Haibatullah, head of the Quetta shura, Mullah Baradar, head of the Doha office and the public face, Mullah Yaqub, son of Mullah Omar, Sirajuddin Haqqani who is the deputy leader and heads the Haqqani network out of Waziristan with his independent link with the ISI and ties with Al Qaeda, and the most hardline Helmand group led by Mullah Zakir and Mullah Sadr Ibrahim; in addition, there are many front line fighters whose commanders accept little external authority. Moreover, the region hosts 5000 foreign fighters with shifting allegiances.

Now that the US exit is a reality, concerns in Russia, Iran, Pakistan and China about restraining the Taliban from emerging as the sole power centre are surfacing. In a meeting in Moscow last month, the extended troika consisting of China, Pakistan, US and Russia issued a joint statement opposing the restoration of an Islamic Emirate. At the Raisina Dialogue recently, Iranian Foreign Minister Javad Zarif bluntly warned that an Islamic Emirate “is an existential threat to Pakistan and a national security threat to Iran and India.” He emphasised the need for an inclusive peace, not a Taliban-dictated peace.

For the last few years, India has been content with the mantra of “an Afghan led, Afghan owned and Afghan controlled” peace process. In the new environment, we need to get over our hesitations and actively explore new coalitions that will safeguard our national interests.

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A New Chapter in Afghanistan

Published in India Today on 25 April, 2021

In October 2001, when US Special Forces and CIA operatives went into Afghanistan with the express objective of removing Taliban and dismantling Al-Qaeda, could anyone have predicted that 20 years later, the US would still be militarily engaged and debating its choices?

It is this stark realisation that made President Joe Biden announce on 14 April that “it is time to end the forever war in Afghanistan,” and that all US soldiers would leave before 11 September this year. Yet, the harsh reality is that this may wind up US’s war in Afghanistan, but for the Afghans, their endless war shows no sign of ending.

Initially, Biden was critical of the arbitrary deadline of 1 May negotiated in the Doha Agreement by Ambassador Zalmay Khalilzad, saying “it was not a very solidly negotiated deal.” Secretary of State Antony Blinken emphasised “a responsible withdrawal” and NSA Jake Sullivan assured that the Doha deal would be reviewed to see if the Taliban was delivering on its assurances “to cut ties with terrorist groups, to reduce violence in Afghanistan, and to engage in meaningful negotiations with Afghan government and other stakeholders.”

After weeks of hectic diplomacy, it was clear that the original flaws of the year-old Doha agreement could not be fixed. It may have been sold to the world as a ‘peace deal’ but for the Taliban, it was a ‘US withdrawal deal’ under which they had stopped targeting US troops and in turn, the US was supposed to leave by 1 May. For the Taliban, a ceasefire was an outcome of the intra-Afghan talks and their continuing military pressure was part of strengthening their bargaining position.

Biden is the fourth US president to deal with the Afghan war and was determined not to pass the legacy on to his successor. His deadline is as arbitrary as Trump’s, only more symbolic. The key change was made clear in Biden’s interview to CBS that if the Taliban returned, “the US bore zero responsibility for it.” In short, the Afghans were responsible for their future and the US was not providing any guarantees.

This is perfectly consistent with the long held Indian position of supporting “an Afghan led, Afghan owned and Afghan controlled” peace process. Why then are we so perturbed by the impending US departure? India’s geography will ensure our presence though our role will undergo changes. US leaves because it can India stays because it belongs.

At the 2001 Bonn Conference, India was invited because it had been a key supporter (along with Russia and Iran) of the Northern Alliance that had emerged as an influential player, following the Taliban’s ouster. During the last twenty years, India’s economic cooperation programme has earned it the distinction of being Afghanistan’s preferred development partner. We may have relied on ‘soft power’ for two decades but we need to remember that it is not the only instrument in the ‘smart power’ tool-kit.

The common perception that with the return of the Taliban, India will be marginalised, is an oversimplification. It is true that India has been lethargic in pushing a visible engagement with the Taliban but its projects in every province of Afghanistan gives it the political heft and the linkages, cutting across ethnic and sectarian divides.

Nobody really knows if the Taliban’s ideology has changed but, as the Taliban themselves will soon realise, Afghanistan in 2021 is very different from the Afghanistan in 1990s when they came to power. Nearly three-fourths of Afghan population today is below 30 and though conservative, is used to living in an open society. There is a belated realisation among significant external partners like Iran, Russia and China that while they all pushed for US’ exit, their reservations about Taliban taking centre stage are only growing.

Speaking at the 2021 Raisina Dialogue last week, Iranian Foreign Minister Javad Zarif emphasised that “Taliban have to be engaged but on democratic and inclusive terms”. Russia reflected similar concerns and at the Moscow extended troika conference on 18 March, got US, Pakistan and China to sign on to a joint statement expressing a shared opposition to any restoration of the Islamic Emirate of Afghanistan.

There are ample opportunities for India to explore new engagements but it needs to overcome its diffidence because its vision for Afghanistan is one shared by the large majority of the Afghan people.

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In Kabul, be ready for political uncertainty

Published in Hindustan Times on 26th March, 2021

Afghanistan’s foreign minister, Haneef Atmar, was in Delhi this week to brief Indian authorities on the recent spurt in diplomatic activity as the Joe Biden administration approaches the May deadline for United States (US) troops to exit Afghanistan. The problem is that the intra-Afghan peace talks have barely moved forward since the Doha agreement signed a year ago between U.S. ambassador Zalmay Khalilzad and Taliban deputy leader Mullah Barader and violence levels have been steadily rising, especially since last October.

US policy shifts

Biden is the third president to deal with the challenge of bringing US troops back home. In 2009, Barack Obama described Afghanistan as “the necessary war that U.S. must win”. He approved a surge in troop presence, from 55,000 to over 100,000 soldiers, and also quadrupled the number of drone attacks in Afghanistan and Pakistan but U.S. failed to blunt the Taliban insurgency. By May 2011, when Osama bin Laden was killed in Abbottabad, Obama realised that the real failure lay not in transforming Afghanistan but in changing Pakistan’s policy of continuing to provide sanctuaries to Taliban even while claiming credit as major U.S. partner in stabilising Afghanistan. Frustrated, he reduced the troop presence to 8500 by the time he left office in 2017.

Announcing his policy in August 2017, Donald Trump said that though his “original instinct was to pull out”, he had been persuaded by Pentagon to push for “an honourable and enduring outcome” and added 5000 troops while easing restrictions on use of airpower. However, after a year, he too changed track and Khalilzad was appointed to open negotiations with the Taliban that eventually led to the February 2020 deal. By the time Trump left, US troops were reduced to 2500.

The title of the deal – Agreement for Bringing Peace to Afghanistan between the Islamic Emirate of Afghanistan which is not recognised by the US as a state and is known as the Taliban and the USA – showed that Taliban’s ideology had not changed and the deal was doomed to failure. Yet, such was the willingness to suspend disbelief that Khalilzad successfully persuaded everyone that it was “a peace deal” and not a “US withdrawal deal”, and the mouse he pulled out of the hat was a rabbit. A year later, that uncomfortable reality can’t be denied. While no American soldiers have died in combat in Afghanistan in last twelve months, the monthly death toll is 800 Afghan security forces and 250 Afghan civilians.

A new peace plan

The Biden administration is therefore seeking a “responsible withdrawal”. In an interview last week, Biden said that in view of the prevailing situation, it is difficult for the US to leave by May and a short extension may be needed. A new peace plan has been developed and Khalilzad retained to pull another rabbit out of a hat.

The new plan envisages replacing the present government by a transitional government that includes the Taliban, and establishing a 21-member commission (including 10 Taliban nominees) to draft a new constitution. Taliban and government should reach an agreement for a 90-day “significant reduction in violence” to create a conducive environment for diplomatic efforts. To energise the stalled Doha talks, Turkey has been invited to host a meeting between Taliban and the Afghan government and other representatives to work this out. A United Nations (UN) conference (on the lines of the Bonn Conference in 2001 that worked out the political road map for a post-Taliban Afghanistan) involving US, Russia, China, Pakistan, Iran and India, along with Taliban and other Afghan groups is proposed to discuss a unified approach.

Renewed diplomacy

UN Secretary General has announced the appointment of veteran French diplomat Jean Arnault as his Personal Representative to lead the UN efforts and prepare for the international conference. Arnault knows Afghanistan well, having been there from 2002-06, as Deputy and then head of the UN Assistance Mission in Afghanistan.

Last week, Moscow hosted a meeting of the expanded troika (U.S., China, Pakistan and Russia) together with Taliban and Afghan government and other leaders led by Abdullah Abdullah, head of the High Council for National Reconciliation. While the intra-Afghan talks were contentious, the four ‘extended troika’ states issued a joint statement recognising the Afghan peoples desire for peace, calling for a reduction in violence on all sides, expediting negotiations for a political settlement, urging Taliban not to launch a Spring offensive and underlining that they do not support a return to the Islamic Emirate system.

President Ashraf Ghani is unwilling to step down to make way for a transitional government, suggesting early elections instead but the Taliban are not interested in the electoral route. Last two elections in Afghanistan were marred by controversy which were resolved only because US leaned heavily on Ghani and Abdullah to share power instead. A number of prominent Afghan leaders, unhappy with Ghani, have supported a transition as have Russia, Iran and Pakistan, leaving Ghani with no options.

The political reality is the Taliban had more loyal and consistent backers in Pakistan and the Inter-Services Intelligence, while the Kabul government steadily lost legitimacy because of its own incompetence and disunity, and because its backers in the West eventually lost patience and interest. By end-2021, the US may have ended its longest war, but for Afghanistan, the uncertainties are only increasing.

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