A Treaty in Peril
Ever since the USAF let the nuclear genie out of its bottle over Hiroshima
on those fateful days in August 1945, the importance of slowing and reversing
nuclear proliferation has been at the top of the international disarmament agenda.
The agreement of the non-proliferation treaty (NPT) in 1968, following on from
the global shock of the Cuban missile crisis, was a high-point in the endeavor
to reach international consensus. But even as the Treaty was being signed, India's
complaint that it legitimized a nuclear apartheid should have been sufficient
warning of the Treaty's internal contradictions and troubles to come. For while
the number of signatories to the Treaty has grown so that it has become one
of the most universal international instruments in the canon of international
law, disaffection with it has grown.(1)
The end of the cold war created new openings for strengthening the global non-proliferation
regime. Yet today, the foundations of this regime, and its cornerstone, the
NPT, look weaker than ever, for these reasons:
- Frustration is boiling up from the non-nuclear weapon states at the lack
of progress towards disarmament and the development of new U.S. nuclear weapons
(and is likely to be only partly mitigated by Congress' decision to withhold
research funding from the "bunker buster" nuclear weapons program
this year);(2)
- The exit of North Korea, its announced possession of nuclear weapons and
continuing uncertainty over its intentions;
- The exposure of extensive smuggling networks for nuclear materials;
- Accusations that several NPT signatory countries have clandestine nuclear
weapon programs; and,
- The possibility that terrorist networks may acquire and credibly threaten
to use a nuclear weapon appear greater today.
With the diplomatic crisis over Iran's nuclear program looming overhead, the
May 2005 NPT Review Conference in New York ended without any agreement. Delegates
were treated to four weeks of frustrating argument between states keen to maintain
maximum room for their own maneuver whilst seeking to impose strong constraint
on others. The World Summit later in September neglected to even mention nuclear
disarmament in its final document; Kofi Annan, UN Secretary General, highlighted
this as the meeting's most important failure. Non-proliferation is in crisis,
a dangerous situation in a world whose nuclear weapons threaten again to become
a currency of power.
In the natural world, the "Perfect Storm" occurs when three weather
systems combine into one. In October 1991 such a storm, stronger than any in
recorded history hit the coast off of Gloucester, Massachusetts, creating an
almost apocalyptic situation in the Atlantic Ocean with waves over 100 feet.
In the growing crisis over nuclear non-proliferation, the Persian Gulf has the
potential to become the Perfect Geopolitical Storm.
Over the last 25 years the underlying enmity between the United States and Iran
has continually regenerated itself. Now its nuclear aspirations have drawn in
other international players including the EU, China, India and Russia as well
as the International Atomic Energy Agency (IAEA) and potentially the UN Security
Council (UNSC), and has brought into sharp relief the weaknesses of the current
nonproliferation regime. We may be standing at one of history's watersheds.
The pursuit of disparate national interests, differing interpretations of "objective"
causes of the conflict, misinterpretations of intentions and statements, and
flawed leadership, suggest that finding a peaceful, diplomatic solution will
be difficult.(3)
Doing so is not optional, however. The gathering storm clouds around Iran have
the potential to unleash another even more devastating war in the Persian Gulf.
Can we defuse the storm? This article traces its origins and charts a way to
a stronger nonproliferation regime.(4) It starts with an overview of the key
events that have taken us to the brink of a crisis (section 2), and then discusses
the technological eye of the storm: the nuclear fuel cycle (section 3). This
section also discusses some of the proposals for regulating the use and preventing
the further spread of uranium enrichment and plutonium reprocessing technologies.
The perspectives of the four key actors in the conflict are outlined next (section
4): Iran, the United States, EU and the IAEA. The article finally navigates
a course to calmer waters (section 5).
2. The Gathering Storm Clouds
At the center of this dispute is Tehran's stated aim to produce its own nuclear
fuel to generate electricitya process that could also provide the raw
material to make nuclear weapons. However undesirable in political, security
or environmental terms, Iran has a strong legal basis under the NPT for producing
its own nuclear fuel.
Box 1: Timeline to a Crisis
Aug 2002: An Iranian opposition group discloses the secret construction
of an underground uranium enrichment facility and a heavy water production
plant at Natanz and Arak respectively.
Feb 2003: Intensive IAEA inspections commence that lead to regular
verbal and written reports by El Baradei, IAEA Director General, to the
35-member Board of Governors, outlining Iranian experiments that had not
been declared in accordance with their obligations under its Comprehensive
Safeguards Agreement (CSA). The IAEA is still unable to verify that there
are no additional undeclared materials or activities.(5)
Sept 2003: IAEA Board gives Iran weeks to prove that it does not
have a nuclear weapon program.
Oct 2003: E3 Foreign Ministers visit Tehran and announce a set
of measures to bring Iran back into compliance.
Nov 2003: Iran starts a voluntary suspension of its uranium enrichment
program, allows stricter IAEA inspections under an Additional Protocol,
and the IAEA Board concludes that there is no evidence of a nuclear weapons
program.
Nov 2004: Paris Agreement: Iran agrees with the E3 (UK, France
and Germany) to continue its suspension of all activities related to enrichment,
and all parties to negotiate towards "objective guarantees" that Iran
is not pursuing nuclear weapons. Iran states it will not permanently stop
conversion and enrichment activities.
May 2005: NPT Review Conference in New York fails to agree any
substantial measures to tackle proliferation
the NPT looks weaker
than ever.
Aug 2005: Iran claims that the E3 are playing for time in the negotiations,
and restarts its uranium conversion process. The E3/EU submit a proposal
which is rejected out of hand by Iran. The case is discussed in an emergency
IAEA Board which urges Iran to stop its conversion activities.
Sept 2005: IAEA Board finds Iran in violation of its non-proliferation
obligations and agrees that it is a matter under the remit of the UNSC,
but does not refer the case. Although decisions within the IAEA are normally
taken by consensusin the past 20 years there have only been two instances
in which the IAEA board has not done sothe EU- U.S. inspired decision not
to refer the matter to the UNSC was forced through on a majority vote
of 22 to one (Venezuela) with 12 abstentions. World Summit fails to reach
agreement on any disarmament statement
Oct 2005: UK alleges that Iran is assisting insurgents in southern
Iraq by supplying sophisticated bombs. Blair strongly condemns a statement
made by Iranian President Ahmadinejad that Israel should be wiped off
the map, and alludes to threats of military action.
Nov 2005: Increased speculation that the Iranians are prepared
to compromise on enrichment if they were allowed to develop uranium conversion
within Iran.
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Another subtext is the uneasy EU-U.S. relationship in the Bush era, especially
the divisions over policy towards Iraq. The Bush administration gave the impression
in its first term that it was interested in a weak and divided Europe, picking
and choosing countries that were convenient for various "coalitions of the willing".
Although the tone has softened towards the common European project in the second
Bush administration, significant transatlantic divisions remain on many issuesIraq,
the lifting of a weapons embargo to China, climate change, the "war on terror"
and the proliferation of weapons of mass destruction. But while the EU initially
saw Iran as an opportunity to take the lead and assert an independent role as
a counterweight to U.S. coercion in the region, as will become clear in this
analysis, the U.S. quickly regained a decisive influence over the direction
of European policy, to the detriment of the negotiations with Iran.
The diplomatic capital already expended by the EU and U.S. to get the inconclusive
vote in the September 2005 IAEA Board has already been immense. Without any
external developments that implicate Iran (such as a "smoking gun" discovery
by the IAEA proving Iran has an ongoing nuclear weapon program or an action
demonstrating that Iran presents a real and active threat to neighbors), it
may be very difficult to achieve a clear reference to the UNSC in the near future.
Stories between the September and November IAEA Board meetings of Iranian involvement
with the insurgency in southern Iraq, fiery rhetoric from the Iranian President
against Israel, or U.S. claims that it found plans for an Iranian nuclear warhead
on a stolen laptop are unlikely to be decisive in swaying the doubters.
As Western diplomats expected, the response from Iran to the IAEA Board decision
in September has been largely negative. Tehran has said that it will reconsider
economic ties with countries that voted against it. A five-million-tonne a year
liquefied natural gas (LNG) export deal signed with India in June this year,
with deliveries scheduled to begin in 2009 for a 25-year period, is already
under threat of cancellation. Other states, such as China, which abstained in
the vote, may be big beneficiaries. China already has extensive oil and LNG
investments in Iran and Chinese investment targeted toward Iran's energy sector
could exceed a further $100 billion over the next 25 years.
The question remains, what is the strategy, if reference to the Security Council
is uncertain, and even if achieved, any significant action will be vetoed by
China? The U.S. and EU appears to believe that threats will prevail, sooner or
later, despite the lack of leverage. The danger is that other options will be
closed and threats will have to be amplified in the game of chicken between
the EU-U.S. and Iran.
3. The Eye of the Hurricane: The Nuclear Fuel Cycle Debate
Under Article IV of the NPT, all States Parties have the "inalienable
right to develop research, production and use of nuclear energy for peaceful
purposes without discrimination and in conformity with Articles I and II".
Also under Article IV, all states have "the right to participate in the
fullest possible exchange of equipment, materials and scientific and technological
information for the peaceful uses of nuclear energy". Thus a party to the
NPT in good standing is allowed the means to produce enriched uranium and stockpile
it without limit as long it is placed under IAEA safeguards.
Uranium enrichment technology is quintessentially dual-use in nature. The very
same process produces weapons-grade uranium and uranium fuel for power stations.
Weaponizing simply requires passing the uranium through the centrifuges more
times.
To produce nuclear fuel, natural uranium (around 0.7% U-235) is mined, milled,
and then converted into uranium hexafluoride gas. Using the centrifuge enrichment
method (currently favored by Iran) the uranium hexafluoride is passed through
the centrifuges thousands of times. Each time two streams of very slightly different
concentrations of U-235 are separated. Both streams are then passed separately
through other centrifuges to achieve a greater diversity of concentrations.
Eventually the uranium with low U-235 concentrations (depleted uranium) is discarded
(for other uses), and concentrations as high as 3-5% for nuclear fuel are achieved.
For nuclear weapons U-235 concentrations of over 90% are favored. But this requires
only half as much again of the cost, time and energy, using exactly the same
centrifuge equipment and process. It requires tight observation and inspection
procedures prescribed by the Comprehensive Safeguards Agreement (CSA) for the
IAEA to ensure that material is not diverted, or to detect higher concentrations
of U-235 than that required for energy purposes.
Similarly there is a key sensitivity to the handling of nuclear waste. Sometimes
plutonium is separated from the waste stream by reprocessing, and can be used
for mixed oxide fuel, or as fissile material. This is the method of choice for
most nuclear weapon programs around the world. Whilst this is not a current
concern with Iranits reprocessing plans are undevelopedit is important
that the international community tie Iran into commitments not to engage in
full scale reprocessing if it is to prevent a nuclear weapon program. It is
far more difficult to detect diversion of plutonium from reprocessing facilities.
Whereas enrichment is an essential part of the fuel cycle producing both nuclear
and non-nuclear fuel, reprocessing is not: waste can simply be disposed of with
the plutonium still within it. The IAEA must ensure that it is.
India, Libya, North Korea and Pakistan have all pursued their nuclear weapons
programs using civil nuclear energy as cover. This fact, coupled with the current
Iranian crisis, has prompted many states to re-think the basic nuclear technology
bargain behind the NPT. One proposal is to require adherence to the Additional
Protocol on Safeguards (introduced in 1997 to allow more intrusive inspections
by the IAEA) as the compliance norm for any country seeking nuclear technology
for commercial purposes. But a number of key actors have put forward more far-reaching
proposals:
- In February 2004, President Bush proposed a cap on the group of enriching
states at current levels, and the G8 responded by declaring a one-year moratorium
on supply of sensitive nuclear technology to non-possessing states.
- In February 2005, Mohamed el Baradei, the IAEA Director General, proposed
a five-year moratorium on new facilities for uranium enrichment and plutonium
separation, with guaranteed supply of nuclear fuel to all countries for bona
fide uses. He also suggested that the five-year hiatus be used to develop
better long-term options for managing these technologies, such as regional
centres under multilateral control. Multilateral ownership of all civilian
enrichment facilities and possibly other sensitive parts of the nuclear fuel
cycle was backed by a recent IAEA Expert Group study. This proposal is not
new: international ownership of the most dangerous nuclear facilities was
proposed right after World War II (under the Baruch plan).
- The UN High Level Panel recommended a combination of voluntary action and
multilateral control. It called for a moratorium on new enrichment and reprocessing
facilities, with fissile materials supplied at current market prices, while
a new multilateral agreement is negotiated under which the IAEA would act
as guarantor for the supply of fissile materials for non-military use.
- Discriminatory action through supplier cartels such as the Nuclear Suppliers
Group, do not provide a clear solution, and in any case they exclude many
export-capable states.(6) The IAEA Expert Group notes that the universal permanent
renunciation of certain fuel cycle capabilities at the national level would
amount to a formal change in the scope of Article IV. Though desirable this
may be extremely difficult to achieve in the current global diplomatic climate.
The balancing of rights of States Parties to have nuclear technology (under
Article IV) while addressing the proliferation threat posed by the development
of such technology was a key issue at the 2005 NPT Review Conference in May
2005. Regrettably, the Review Conference failed to reach substantive agreement
on this or any of the other initiatives to strengthen non-proliferation. The
deadlock was strongly influenced by the conflict between the U.S. and Iran,
but reflected the more fundamental breakdown of the key "bargain"
that defines the NPT: the three-way linkage between nonproliferation among non-nuclear
states, access to civilian nuclear technology, and disarmament by nuclear-armed
states. Egypt (insisting that disarmament commitments made at previous NPT review
conferences were recognised and honoured) and the United States (ignoring these
but instead focusing upon tighter controls to prevent others developing a weapons
capability) were the most inflexible players in the two respective camps.(7)
A clearly disappointed UN Secretary General, Kofi Annan said that States parties
had "missed a vital opportunity to strengthen our collective security against
the many nuclear threats to which all States and all peoples are vulnerable".
To revitalize the NPT, the Secretary-General called on world leaders to find
ways to reconcile the right to peaceful uses of nuclear energy with the imperative
of non-proliferation. Yet, this call went unheeded again when the 2005 World
Summit in September, like the NPT Review, was unable to reach substantive agreement
on nuclear disarmament and non-proliferation in its outcome text. And again
the Secretary-General was forced to admonish members for their failure in language
rarely used by UN officials.
There is clearly no international consensus on how to deal with the problem.
It is in this policy battleground that Iran's disputed nuclear program is being
contested.
4. Four Cities Making Waves: Tehran, Washington, Brussels, and Vienna
4.1 Tehran: setting sail in a leaky ship
The Shah acquired Iran's first research reactor from the United States in 1967.
Iran then ratified the NPT in 1970 and concluded a Comprehensive Safeguards
Agreement (CSA) with the IAEA in 1974. Despite suspicions that Iran was conducting
a nuclear weapon program, the United States was content to supply sensitive
nuclear technology: the Shah was an ally. However, after the 1979 revolution
western companies fled the country and a virtual embargo has been on the country
ever since, covering the provision of nuclear equipment and technology. During
the war with Iraq, Iran's nuclear program fell into disrepair, but when a ceasefire
was negotiated its attention gradually turned to reviving it.
Iran now plans to develop an extensive nuclear program involving 6000 MW of
generating capacity and self-sufficiency in fuel production over the next 20
years. This includes completion of the Bushehr reactors by Russia who will supply
and take back used fuel, and the construction of a variety of further reactors.
Iran has an extensive uranium conversion facility at Isfahan, but has several
key technological barriers to producing uranium hexaflouride of sufficient quality
to be a feed into its enrichment plants, still being constructed at Natanz:
a "pilot" and a "commercial" uranium fuel enrichment plant with 1,000 and 50,000
centrifuges respectively.
Iran is also building a heavy water production plant as a feed to a 40MW heavy
water reactor (IR-40) at Arak. Iran says the purpose of the IR-40 reactor, which
will take a decade to build, is the production of medical and industrial isotopes.
It could also easily be used as a highly effective producer of weapon-grade
plutonium. Both India (Cirrus) and Israel (Dimona) use heavy water reactors
to produce the plutonium for their nuclear weapons. Officials have indicated
an intention to reprocess spent fuel to close the fuel cycle.
All of this is potentially consistent with Iran's responsibilities under their
Comprehensive Safeguards Agreement, if the state is "in good standing" with
the IAEA and the facilities are properly transparent and safeguarded. Concern
arises from a history of suspicious procurement efforts in Europe and elsewhere,
and the fact that so many of these facilities were constructed in secret. Iran's
medium and long-range missile development program has further added to these
worries.
The Iranian Supreme Leader, Ayatollah Sayyed Ali Khamenei, is reported to have
issued a "nuclear fatwa," declaring nuclear weapons possession inconsistent
with Islamic Law. Iranian leaders and officials have acknowledged repeatedly
that nuclear weapons are not in Iran's security and economic interests. In an
interview with Newsweek magazine published on September 17, 2005, for example,
President Ahmadinejad said:
Our religion prohibits us from having nuclear arms. Our religious leader has
prohibited it from the point of view of religious law. It's a closed road. We
even don't need it; we can guarantee our security in other ways. During the
past two years, more then 1,200 inspections have taken place in our country.
More than 1,030 documents have been given to the IAEA. All the IAEA cameras
are fixed on our facilities, and the IAEA supervisors can control every action
within our facilities.
While there is widespread popular discontent with the theocratic regime within
Iran there is also near-universal domestic support for the view that Iran has
the right to develop a self-sufficient nuclear energy program, which has become
a source of considerable national pride.(8) Commenting on the nuclear power
program, former ("reformist") President Khatami said "This is
our national interest and prestige. This is our strategy. But if they want to
deny us our basic right, we and our nation have to be prepared to pay the price."(9)
It is yet unclear what that price might be.
To abandon their "rights" under the NPT would be seen as a humiliation
for the Iranians. Iran's chief negotiator declared in March "we will not
have negotiations with the Europeans if what they want is an end to uranium
enrichment."(10)
There is also some support in the international community for the Iranian position,
particularly within the Non-Aligned Movement (NAM). Notwithstanding India's
vote for the IAEA September resolution of deferred referral to the UNSC, and
widespread suspicions of Iran's intentions, there remains strong support within
India and other developing nations for Iran's right under the NPT to develop
civil nuclear technology.
So is Iran pursuing a nuclear weapon program? Realists would argue that Iran
has clear motives for acquiring nuclear weapons. The country is situated in
a war-plagued region (five major wars in less than 25 years). Iran is located
between two regional nuclear weapons powers, Israel and Pakistan, and is encircled
by U.S. military forces in eleven neighbouring countries. From the Iranian perspective,
the United States is a hostile power that has labeled Iran part of an "axis
of evil" and recently removed the next-door regimes in Afghanistan and
Iraq. Iran has also observed that the North Korean regime, which has declared
that it now possesses nuclear weapons, has avoided U.S. military attentions.
The risk that Iran may eventually develop nuclear weapons should undoubtedly
be taken seriously. Equally, this risk should not be viewed as a certainty.
The debate in Tehran concerning "weaponization" of their capabilities
is fluid and latent. The reality may be that Iran is positioning itself to establish
a threshold "virtual" nuclear weapon capability, namely the ability
to manufacture a nuclear device within a short period using their non-military
nuclear technical capabilities and assets. Acquiring this "breakout"
option would put Iran on a par with a number of "Non-Nuclear Weapon States".
But these states are in good standing with the IAEA, while Iran is not.
In response to the EU- U.S. isolation strategy, the Iranian government has been
cultivating relations with Russia, China and India. Russia is keen to remain
the principal supplier and therefore controller of Iranian nuclear technology.
China and India depend increasingly upon enormous oil and gas contracts with
Iran for their future economic growth, especially as demand for fossil fuels
begins to outstrip supply. China has plenty of capital to invest in Iranian
oil and gas infrastructure. Threats from the U.S. and EU that do not recognize
Iran's perceived rights or offer significant attractive alternatives are likely
to strengthen domestic support for the radical hardliners, narrow opportunities
for further democratic reform and turn Iran further eastwards for cooperative
economic and political relations. They also deflect attention from outstanding
questions over the scale and balance of Iran's nuclear program, which need to
be explained to both the IAEA and Iran's own population.
This does not leave Iran with total flexibility, however. Russia and China
are only too keen to exercise any influence they may have to consolidate their
authority and strengthen stability. If we do see movement in the negotiations
it is more likely to be caused by covert pressure from Moscow and Beijing designed
to dampen the prospects of conflict than by any European diplomacy or implied
threats from Washington.
4.2 Washington: gunboats at the ready
The Bush Administration has been clear for some time that Iran must not be
allowed to develop dual-use uranium conversion and enrichment technology under
any circumstances. It believes Iran has forfeited its right to civil nuclear
power technology by constructing facilities without declaring them in advance.
Washington lacks faith in any negotiated assurances verified by IAEA inspections,
pointing out that even under safeguards Iran would reach the point of nuclear
"breakout" if they were allowed to develop their uranium conversion and enrichment
facilities. Instead, the Iranian nuclear program should rely on guaranteed international
supplies of fuel.
The U.S. Government already has long-standing economic sanctions in place against
Iran and has few extra sticks left with which to force Iranian co-operation.
There is strong opposition in Washington to any offer of carrotspolitical,
economic and security incentiveswhich may persuade Iran to give up the
enrichment (and reprocessing) because of:
- Long-standing U.S. antipathy towards Iran's Islamic regime, deriving from
the Iranian Revolution which deposed the Shah, a U.S. ally, and the subsequent
1979-80 hostage crisis;
- Decreased U.S. willingness, heightened since the 9/11 attacks, to tolerate
any uncertainty over the IAEA inspections regime;
- Iran's aggressive attitude towards Israel and supposed interference in Iraq;(11)
- Iran's support for militant "terrorist" groups such as Hizbollah and Islamic
Jihad; and
- Influential U.S. neo-conservative thinking favoring pro-active strategies
of active military intervention to affect regime change.(12)
After European pressure, the U.S. Government offered modest incentives in spring
2005 (possible WTO membership and the sale of civilian aircraft parts "on
a case-by-case basis"), in the full knowledge that these would be insufficient
to persuade the Iranians to abandon their ambitions. Subsequently the diplomatic
situation has deteriorated. Under Secretary of State for Political Affairs Nicholas
Burns sums up the situation at the end of September:
We have a patient, long-term strategy. It is to isolate Iran on this question.
It's to ratchet up the international pressure on Iran. It is to assemble a
growing international coalition against it, as we've done with North Korea.
And Iran now needs to reflect on its choices
to suspend the uranium conversion
and return to the negotiations with the European Union.(13)
While the current political climate is not conducive for military action, official
statements and comments from other U.S. opinion shapers indicate that it remains
an option. For example:
- President Bush, in an August interview with Israeli radio
said "all options are on the table... The use of force is the last option
for any president. You know, we've used force in the recent past to secure
our country."(14)
- Henry Kissinger, said in July: "it is a grave step to
tolerate a world of multiple nuclear weapons centers without restraint. I'm
not recommending military action, but I'm recommending not excluding it."(15)
- Heritage Foundation, spokesperson Helle Dale wrote that: "Any
action in the Security Council, however, will almost certainly be blocked
by China and Russia. This means that the credible threat of force must be
part of such a strategy.(16) " This point was reiterated by the influential
American Enterprise Institute at the beginning of October.
The U.S. itself retains a posture of constant nuclear readiness, with 2,000
of its 6,000 strategic warheads ready to launch on 15-minute warninga
state of affairs that former U.S. defense secretary Robert McNamara describes
as "immoral, illegal, militarily unnecessary, and very, very dangerous
in terms of the risk of accidental use."(17) The Bush administration is
also designing new nuclear weapons.
4.3 Brussels: navigating with a U.S. compass
Given this U.S. inflexibility, the onus was placed on the Europeans, led in the
negotiations with Tehran by Britain, France and Germany (the E3), to offer a
creative compromise that balanced Iran's legitimate activities against the risks
of nuclear proliferation. Early signs were promising, but there was a sudden
dip in relations in August 2005 when Iranian scientists emptied a barrel of
yellowcake in the Isfahan conversion facility in front of the world's press
and the IAEA.
Days afterwards the European offer was unveiled; unfortunately the anonymous
EU diplomat who had warned that it would be "a lot of gift wrapping around
a pretty empty box" was not wrong. Iran was quickly blamed for escalating
the crisis by restarting conversion and rapidly rejecting the European offer.
Tehran's blunt rejection of the European deal was certainly damaging. However,
a closer look at the EU offer shows that rather than being a generous compromise
it was simply an opening gambit. On one side the EU demands were uncompromising
Iran was required to permanently shut down legal nuclear fuel facilities it
had already insisted it was not willing to give up while the EU offers were
vague and unimpressive. Iranian rejection was entirely predictable.
Box 2: EU offer: gift wrapping around an empty box
Iran was not about to close a major industrial project without substantial
compensation and guaranteed access to fuel supply. The "assured"
supply fell short of a cast-iron guarantee, while the insistence that
the buffer fuel store be in a third country rather than in Iran under
international control showed little goodwill. The value of most other
incentives placed on the table, such as an EU trade agreement, were light
on detail to be negotiated in further rounds
The European security guarantees were unconvincing. Britain and France
merely "reaffirmed" an old UN Resolution in which they promised
not to launch a nuclear attack against countries without nuclear weapons.
This fails to reassure Iran, threatened by conventional attacks from the
United States or Israel.
By rejecting even limited uranium enrichment in Iran under any form of
international control, the Europeans aided those in the United States
and Iran who want to head towards, not away from, confrontation. They
also failed to achieve important concessions from the Iranians that would
have closed off important avenues towards nuclear weapons, such as a halt
to the construction of Iran's heavy water reactor at Arak and the abandoning
of any ambitions towards reprocessing.
For a more detailed analysis, see Paul Ingram, "Preliminary
Analysis of EU3/EU proposal to Iran," BASIC Notes, 11 August 2005 http://www.basicint.org/pubs/Notes/BN050811-IranEU.htm
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The E3 have by all indications abandoned the middle path and prioritized their
transatlantic ties with the United States. Only a few months back President
Jacques Chirac, in a meeting with Iran's nuclear negotiator, Hassan Rowhani,
agreed to Iran's proposal for an IAEA-led system of nuclear verification to
satisfy the Paris Agreement's "objective guarantees" over enrichment;
now he has joined the hard line approach that offers no possibility of enrichment.
4.4 Vienna: will the rescue ship arrive in time (and with enough lifeboats)
The IAEA is attempting to provide the required "objective assurances"
about Iran's nuclear program. Its safeguards system comprises measures to independently
verify State declarations on nuclear material and activities. Highly committed
experts well versed in methods of evasion and bluff have developed these measures,
focused on the timely detection of materials diversion, and to deter such activities.
The Model Additional Protocol, approved by the Agency's Board of Governors in
May 1997 in the light of the experience with Iraq, gives greater assurances
through intrusive inspections without warning. 106 states have signed the Protocol,
and 69 have ratified it.(18)
The Agency's stated objective in Iran is to clarify all aspects of Iran's past
undeclared nuclear activities, with a view to assuring the Board that there
has been no diversion and that all nuclear material and activities in the country
are under safeguards. To date, the IAEA has uncovered a history of "extensive
concealment activities" and is unable to clear Iran, nor confirm that there
is clear evidence of any nuclear weapons program.
The IAEA's Nobel prize-winning Secretary General Mohamed ElBaradei says that
Iran is currently fulfilling its obligations by providing timely access to nuclear
material, facilities and other locations. But he also describes Iran as a "special
verification case" that requires additional transparency measures beyond
the confines of the safeguards agreement and the additional protocol because
of Iran's previous history of extensive failures to report sensitive nuclear
activities and the clear lack of trust from the international community.
5. Charting a Course to Calmer Waters
It is unclear whether the current inflexible EU/ U.S. strategy with Iran will
enhance or undermine non-proliferation. It makes demands that appear to the
Iranians to be extra-legal and discriminatory, offers few carrots and lacks
the backing of any credible "big stick," other than the uncertainty
of military action by the United States. For these reasons the current path
may escalate the dispute dangerously and unnecessarily. Criticism can be leveled
at all sides in the dispute:
- The Iranian government for its historic failure to abide by IAEA safeguards
and ratify the Additional Protocol, its refusal to understand the concerns
of other countries, and the extent of its nuclear ambitions that appear to
suggest an aspiration to threshold status, and for its failure to consider
other more credible solutions to strengthen its energy security.
- The European negotiators for insisting that Iran give up ambitions to enrich
with insufficient incentives, and for issuing non-credible threats (to refer
Iran to the UNSC) without international consensus, and when the chances of
sanctions or legal military action are slim. They ignored Iranian statements
before, during and after negotiations about their intentions to enrich, and
are open to accusations of negotiating in bad faith on "objective guarantees".
- The Bush administration for failing to engage with Iran or rule out military
action, for using coercive diplomacy to change the non-proliferation rules
over access to nuclear technologies, and for its lackluster support for multilateral
options, and especially the role of Dr ElBaradei and the IAEA.
An escalating crisis could have widespread repercussions for people in the
Middle East and beyond, and would impact upon the global economy through the
oil price. Crisis avoidance needs creative diplomacy on all sides. Such a resolution
is vital to allow Iran to concentrate on its social and economic development
to meet the needs of its population, and particularly its burgeoning youth,
and become a respected member of the international community. Iran and the EU
must now negotiate in good faith, with the U.S. prepared to reward cooperation.
Solutions might include:
Iranian agreement to:
- full cooperation with the IAEA, with new transparency mechanisms involving
strict, permanent, continuous IAEA inspections in Iran with the power to go
anywhere on suspicion that safeguards are being broken, while respecting the
sensitivity of Iran's sovereignty;
- fair and equitable controls over the fuel cycle, a principle underlying
the IAEA Secretary-General's proposals for international facilities and storage
for all nuclear states;
- ratification of the IAEA's Additional Protocol (Iran is already adopting
it in practice);
- the closure in principle of some of their options in order to built trust
and confidence;
- termination of any further work on the heavy water reactor at Arak and renunciation
of any ambitions to reprocess spent fuel; and,
- permanent renunciation of its rights under Article X of the NPT to leave
the regime, or pass national laws against nuclear weapon research and development.
If the Iranian government is to be taken at its often-repeated word (that
it has no ambitions to nuclear weapons), such a win-win strategy is within
the grasp of the Bush Administration and EU.
EU- U.S. agreement to:
- develop the August 2005 offer with unambiguous U.S. security guarantees
and extensive concrete offers of economic, political and cultural collaboration;
- reevaluate the position on enrichment, to allow limited enrichment under
safeguards;
- send clear unequivocal messages of support for the global non-proliferation
regime by undertaking more serious disarmament measures.
The alternative? Most likely the development of an Iranian enrichment program
outside strict IAEA safeguards, and a more powerful Iranian incentive to develop
a nuclear weapons capability.
Iran is not alone in resenting the discrimination over access to technology
already possessed by many developed states. While non-nuclear weapon states
refuse to give up their rights under Article IV of the NPT, they may consider
a new regulatory approach provided it is applied under universal principles
and there are significant steps towards nuclear disarmament.
Finally, in the light of increasing concerns over global energy supplies, an
International Sustainable Energy Fund (ISEF) should be established to offer
realistic alternatives to nuclear power in building energy security. Such solutions
demand a positive and cooperative vision that the main protagonists in this
current dispute have yet to demonstrate.
Endnotes
1. Today only India, Pakistan, Israel, and possibly North Korea (whose relationship
to the Treaty is ambiguous) remain outside the NPT.
2. See Senator Dianne Feinstein, San Francisco Monitor, October 28,
2005, p.B-9; also reports from, "Nuclear bunker-buster funds dropped from
U.S. budget," Reuters, October 26, 2005, <http://www.alertnet.org/thenews/newsdesk/N26353734.htm>
and "US cancels bunker bomb programme," BBC, October 26, 2005, <http://news.bbc.co.uk/2/hi/americas/4377446.stm>.
While the decision not to provide funding at this point for the nuclear bunker
busters program is welcome, the Administration remains determined to develop
this program at a later stage. In any case, research continues in U.S. nuclear
labs on next generation warheads, while nuclear doctrine has been evolving in
secret since the 2002 Nuclear Posture Review. In September 2005 Greenpeace posted
on its website a copy of the draft Doctrine for Joint Nuclear Operations that
had apparently appeared on the Pentagon's website, but had subsequently been
removed. This document appears to include the possibility of pre-emptive use
of nuclear weapons against non-nuclear states, and is available at: <http://www.greenpeace.org/raw/content/international/press/reports/US-joint-nuclear-operations.pdf>.
These developments, as well as official statements, point to the fact that this
Administration has more faith in further developing a credible (usable), full-spectrum
nuclear capability than in international disarmament negotiations.
3. In the case of the United States, for example, several analysts and influential
voices-most recently Colonel Lawrence Wilkerson, the top aide to former Secretary
of State Colin Powell-have argued that Vice-President Dick Cheney and a handful
of other neoconservatives had hijacked the government's foreign policy apparatus,
deciding in secret to carry out policies that had left the U.S. weaker and more
isolated in the world. Mr Wilkerson said such secret decision-making was responsible
for mistakes such as the long refusal to back European efforts on Iran. Edward
Alden, "Cheney cabal hijacked U.S. foreign policy," Financial Times,
October 20 2005. Available at: <http://news.ft.com/cms/s/afdb7b0c-40f3-11da-b3f9-00000e2511c8.html>.
4. This report draws on earlier analysis on Iran's nuclear program carried
out by the British American Security Council (BASIC), which can be found at:
www.basicint.org. The author is grateful to Paul Ingram, David Isenberg and
Guy Hughes for comments on an earlier draft.
5. Prior to the U.S.-led invasion of Iraq, neoconservative political commentators
seized on statements by Hans Blix that he was unable to say with certainty that
Iraq had not violated the 1991 UNSC resolution to disarm, which the neoconservatives
then spun as proof that Iraq was guilty. The same spin is happening with respect
to Iran today.
6. With 44 member states, the Nuclear Suppliers Group (NSG) contributes to
the nonproliferation of nuclear weapons through implementation of guidelines
for control of nuclear and nuclear-related exports. Members pursue the aims
of the NSG through voluntary adherence to the guidelines, which are adopted
by consensus and through exchanges of information on developments of nuclear
proliferation concern.
7. See Rebecca Johnson, "Politics and Protection: Why the 2005 NPT Review
Conference Failed," Disarmament Diplomacy, Issue No.80, Autumn 2005;
and Daryl Kimball, "Repairing the Nonproliferation Regime," Arms
Control Today, July/August 2005.
8. "Fortunately, the opinion polls show that 75 to 80 percent of Iranians
want to resist and [to] continue our program and reject humiliation," Ali
Akbar Nateq-Nuri, adviser to President Khamenei, cited in "Taking on Tehran,"
Foreign Affairs, March/April 2005
9. Ali Akbar Dareini, "Iran Threatens to Destroy Israel's Nuclear Reactor
if Israel Attacks Iran," Associated Press, August 17, 2004.
10. Hojjatoleslam Hasan Rohani, secretary of Iran's Supreme Council on National
Security, cited in "Iran and the US trap," Asia Times, March
9, 2005.
11. According to a recent report by the International Crisis Group, "during
months of extensive research in Iran and Iraq, the evidence of attempted destabilising
Iranian intervention is far less extensive and clear than is alleged; the evidence
of successful destabilising intervention less extensive and clear still."
International Crisis Group, "Iran in Iraq: How Much Influence?," Middle
East Report N°38, 21 March 2005
12. See Elseje Fourie and Ian Davis, "Neoconservatism and US Foreign Policy:
A View from Venus," A Special BASIC Discussion Paper Series, "Part
III: The Future of Neoconservatism in a Bush Second Term," December 23,
2004. Available at: <http://www.basicint.org/pubs/Papers/2004nc03.htm>
13. Statement by U.S. Under Secretary of State for Political Affairs Nicholas
Burns, released by the U.S. Bureau of International Information Programs, September
27, 2005. Available at: <http://usinfo.state.gov/is/international_security/arms_control.html>.
14. "Bush: 'All Otions are on the Table' Regarding Iran's Nuclear Aspirations,"
USA Today, August 13, 2005.
15. Interview with Bernard Gvertzman, "Kissinger: Don't Exclude Military
Action Against Iran if Negotiations Fail," Council on Foreign Relations,
July 14, 2005.
16. Heritage Foundation, "Deterring Tehran" August 17, 2005.
17. Julian Borger, "Apocalypse sooner or later?" The Guardian,
June 2, 2005.
18. As of 11 November 2005. See the IAEA's website for an updated list: <http://www.iaea.org/worldatom/Programmes/Safeguards/sg_protocol.shtml>
Dr. Ian Davis is Executive Director of the British American Security Information Council. He has published widely on British defence and foreign policy, transatlantic security issues, the international arms trade and arms control and disarmament issues. He has made high-level presentations in Washington, DC. and in Europe on WMD non-proliferation and transatlantic security issues.
Paul Ingram, Senior Analyst, has twelve years' experience as a reseracher and project leader at the Oxford Research Group, and has published articles on European security, non-proliferation and international arms trade issues.