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Matthew Kroenig's argument for preventive military action to combat Tehran's nuclear program -- "Time to Attack Iran" (January/February 2012) -- suffers from three problems. First, its view of Iranian leaders' risk calculations is self-contradictory. Second, it misreads nuclear history. And third, it underestimates the United States' ability to contain a nuclear Iran. When these problems are addressed, it is clear that, contrary to what Kroenig contends, attacking Iran is not "the least bad option." 

Kroenig's view of the way Iranian leaders are willing to take on risks is deeply incongruous. In his view, a nuclear bomb will push Tehran to block U.S. initiatives in the Middle East, unleash conventional and terrorist aggression on U.S. forces and allies, and possibly engage in a nuclear exchange with Israel. This would mean Iranian leaders are reckless: given the United States' conventional and nuclear superiority, any of these actions would provoke considerable retaliation from Washington. And, of course, a nuclear exchange with Israel would invite annihilation. At the same time, Kroenig suggests that Tehran would remain remarkably timid after a preventive strike from the United States. Presented with clear redlines, Iran would not retaliate against U.S. troops and allies or attempt to close the Strait of Hormuz. Kroenig's inconsistency is clear: If Iranian leaders are as reckless as he seems to believe, a preventive strike would likely escalate to a full-blown war. If they are not, then there is no reason to think that a nuclear Iran would be uncontainable. In short, a preventive attack on Iran can hardly be both limited and necessary.

Kroenig's argument misreads nuclear history at least three times. First, he writes that a targeted preventive strike would likely wipe out the nuclear program in Iran, as strikes against Iraq in 1981 and Syria in 2007 did in those countries. These comparisons are misleading. Recent research based on captured Iraqi documents demonstrates that the 1981 Israeli attack on the Osirak reactor, near Baghdad, actually spurred a covert nuclear weapons program at other sites. Indeed, Iraqi President Saddam Hussein remained determined to revive his nuclear program until he was removed from power in 2003. What prevented him from achieving that goal was the decade-long U.S.-led containment regime put in place after the 1991 Gulf War. The Iraqi case suggests that any attacks that do not depose the Iranian regime, too, would cause it to accelerate its efforts to acquire nuclear weapons. Kroenig's prescription might therefore precipitate the very outcome he is trying to avoid. 

As for Syria, Damascus' nuclear program was just budding. The country boasted only one exploratory facility, which was shattered easily by a single aerial bombing carried out by Israel in September 2007 under the cloak of night. But Iran's nuclear program is much more advanced and is already of industrial proportions. Any attack on Tehran would involve destroying numerous nuclear-program and air-defense targets, making it far more costly and less likely to succeed than the Israeli raid against Syria's Deir ez-Zor reactor. More, Iran's advanced program reflects Tehran's greater resolve to develop nuclear capabilities, so, post-attack, Tehran would be ever more likely to double down on developing a weapon. Furthermore, although Kroenig hopes that a targeted strike would destabilize the Iranian regime, there is no basis for such optimism. Being a civilian, parliamentary, oil-rich theocracy, Iran is relatively stable. Put simply, a preventive strike against Iran can hardly be both limited and effective.

Kroenig misreads history again when he considers a nuclear exchange between Iran and Israel. In his view, they "lack nearly all the safeguards that helped the United States and the Soviet Union avoid a nuclear exchange during the Cold War." Yet the United States and the Soviet Union avoided a nuclear exchange even during the hottest crisis of the Cold War, the Cuban Missile Crisis, at a moment in which Soviet retaliatory capability was still uncertain, there were no clear direct communication channels between the two leaderships, and Soviet experience managing their nuclear arsenal was no longer than five years. Moreover, the historical record shows that even young and unstable nuclear powers have avoided nuclear escalation despite acute crises. Pakistan and India avoided nuclear war in Kargil in 1999, as well as after the terrorist attacks targeting the Indian parliament in 2001 and Mumbai in 2008. When national survival is at stake, even opaque and supposedly "irrational" regimes with nuclear weapons have historically behaved in prudent ways.

Kroenig's final abuse of history comes when he posits a cascade of nuclear proliferation across the Middle East in response to an Iranian bomb. He mentions Saudi Arabia, and implies that Egypt, Iraq, and Turkey might all follow suit. Yet none of these states, which can count on U.S. support against Iran, nuclearized in response to Israel's nuclearization (against which they cannot count on U.S. backing, mind you). And more generally, the United States has a successful record of preventing clients from acquiring nuclear weapons in response to a regional enemy, such as South Korea and Japan in response to North Korean nuclear acquisition. (Washington agreed with Pakistani nuclearization in response to India.) 

Taking the long view, Kroenig's argument reveals an unwarranted skepticism about Washington's ability to contain a nuclear Iran. This skepticism is all the more surprising considering Kroenig's work on the benefits of U.S. nuclear superiority. Existing U.S. security guarantees, based on current capabilities, give allies little incentive to nuclearize. Egypt and Saudi Arabia are among the largest recipients of U.S. military support, and Turkey is a member of NATO. Reinforcing U.S. ties with friends in the region would be easier, cheaper, and less risky than attacking the Iranian nuclear program. 

Instead, the United States should heed the lessons of the North Korean nuclearization. Not so long ago, Washington had to face an aggressive regime in Pyongyang intent on developing nuclear weapons. The United States rejected a preventive strike in 1994 for fear that the outcome would be worse than its target's nuclear acquisition. This was the right decision. After North Korea acquired nuclear weapons, none of the consequences that Kroenig's argument would predict materialized. U.S. security guarantees contained Pyongyang and persuaded South Korea and Japan not to acquire nuclear weapons. Nobody believes that the world is better off with a bomb in North Korea -- but the record shows that it hasn't brought the end of the world, either.

Military action against Iran would be a profound strategic miscalculation. For all the talk of retrenchment, the U.S. military might remains the most powerful in the world, and it can successfully minimize consequences of an Iranian bomb, should one come to pass, by containing Tehran's ambitions, dissuading regional proliferation, and providing security assurances to its allies.

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The nuclear weapons news of late has been alarming. David Sanger reported in "The New York Times" on January 9 that Iran's top nuclear official had announced his country was near initiating uranium enrichment at a new plant. And the recent leadership change in North Korea means added uncertainty about one of the world's most unpredictable nuclear weapons states. Both developments mean the danger is rising that nuclear weapons or the means to make them will spread in this year.

The ominous news brings to mind a comment that Robert M. Gates made a few years ago while working as President Obama's Secretary of Defense. "If you were to ask most of the leaders of the last administration or the current administration what might keep them awake at night," he told me, "it's the prospect of a [nuclear] weapon or nuclear material falling into the hands of Al Qaeda or some other extremists."

I was interviewing Gates for a book about nuclear threats. The book, "The Partnership: Five Cold Warriors and Their Quest to Ban the Bomb," [Harper, $29.99] examines the acute state of nuclear dangers today, including the spread of nuclear materials and technology to unstable nations like Pakistan, North Korea and Iran. If a terror group like Al Qaeda is ever going to get its hands on a nuclear weapon, or more likely the fissile material needed to make one, the source is likely to be one of those three nations. North Korea and Pakistan have a frightening history of exporting nuclear weapons technology. Iran may be next.

Despite the denials of Iranian leaders, Tehran seems well on the way to building its first nuclear weapon. Iran already has enough enriched uranium to make several warheads once the uranium is raised to a higher level of enrichment. The enrichment process can move very quickly from a low level to high, bomb-grade levels. Some upgrading of known Iranian enrichment facilities are required to get there, and these changes would be visible to the outside world. Still, Iran may well have hidden enrichment programs already cranking out highly enriched uranium. If it does move openly to higher enrichment, Israel and the United States will be tempted to attack Iran's nuclear installations.

A simple but powerful nuclear weapon can be fabricated with just a small amount of highly enriched uranium. The hardest part of making a uranium bomb is producing highly enriched uranium, something that requires advanced, industrial-scale technologies beyond the reach of a terror group. But with just 60 pounds of highly enriched uranium, a small, savvy group of engineers with some basic laboratory equipment could construct a fission bomb in a garage. The bomb mechanism is so straightforward that the United States did not bother to test a uranium weapon before dropping one over Hiroshima in 1945. And it is not wildly improbable to imagine Iran giving highly enriched uranium to a terror group.

The continuation of the Kim dynasty in North Korea - now in its third generation with the recent installation of Kim Jong-un as the new supreme leader - does not augur well for more responsible behavior by North Korea. With its active nuclear weapons program, hunger for hard currency and record of selling nuclear weapons goods to Libya and Syria, North Korea is one of the most dangerous nations on earth.

While North Korea is unlikely to sell a nuclear weapon to a terror group, it could provide the materials and knowhow to make a crude but powerful bomb. The United States, for all its intelligence-gathering hardware like spy satellites, does not know a great deal about the North Korean program. Washington was surprised to learn in 2010 that North Korea had constructed a uranium enrichment plant outfitted with the latest centrifuge technology. News about the existence of the plant came from a group of American scholars who were shown the facility during a visit to the North Korean nuclear complex at Yongbyon.

The plant is not a problem if it is producing low enriched uranium to fuel a small, light water reactor. But the plant could be used to produce highly enriched uranium. The rapid construction of the plant - it was built in just 18 months - suggested that the North Koreans might have honed their techniques at another enrichment facility, as yet undetected by the United States.

I recently asked my Stanford colleague Sig Hecker, one of the scholars who visited the enrichment plant in 2010, to outline what to watch for in the North Korean weapons program in coming weeks to determine if the new leadership is planning any change in nuclear policy and/or operations. Sig served as director of the Los Alamos National Laboratory 1986-1997. He has been a frequent visitor to North Korea, one of the few Americans to get a first-hand look at the North Korean nuclear program.

His response:

I believe that there will be a period of quiet on the diplomatic front, both for mourning and to rethink strategy. Just before Kim Jong-il died, American and North Korean diplomats came close to an agreement of American food aid in return for some concessions on the nuclear program (some reports indicated that Pyongyang would stop enrichment - but I have yet to hear official confirmation from the UnitedStates - and we never may). What to look for is to see when North Korean diplomats are ready to re-engage with Americans in quiet bilateral talks, mostlikely in China.

On the technical front: I would expect "normal operations" at Yongbyon. That means they will continue with the experimental light water reactor construction- although little will be seen from overheads because it is winter time. Much of the interior components will be fabricated in shops. I also expect them to continue with operations of the centrifuge enrichment facility - either to make more low enriched uranium for reactor fuel or to get the facility to operate fully (which it may not have been when we visited). Both of these operations will continue regardless of which way Pyongyang eventually decides to go with the nuclear program. I don't see any reason why they would cut back on these operations now.

As for potential provocative actions - they could prepare for another nuclear test -- but that is highly unlikely, if for no other reason than it is winter. Their tests occurred in October 2006 and May 2009. Nevertheless, the third test tunnel appears to have been dug some time ago (South Korean news reports and overhead imagery) and one should watch closely for activity at the test site (particularly come spring). We should also look for potential missile tests - the new launch site on the west coast should be watched for another potential long-range missile launch. (They have had three attempts from the old launch site in the east: 1998 over Japan, 2006 a complete failure, and 2009 two out of three stagesworked.) They also have not flight-tested the Musudan road-mobile missile."

It would not surprise me if North Korea conducted another nuclear test in 2012. If Kim Jong-un is looking for a way to flex North Korean military power and remind his impoverished people that their nation matters to the rest of the world, detonating a nuclear weapon will do the trick.

Iran's nuclear program will also likely generate news and international anxiety this year. Iranian threats to attack US naval vessels in the Persian Gulf may seem self-defeating, but a military confrontation between Iran and the United States is not out of the question.

There is no greater danger to American and global security than the spread of nuclear weapons and the means to make them.

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Philip Taubman
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Aziz Huq earned his BA summa cum laude in International Studies and French from the University of North Carolina at Chapel Hill in 1996 and his law degree from Columbia Law School in 2001, where he was awarded the John Ordronaux Prize. He clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit (2001–02) and Justice Ruth Bader Ginsburg of the Supreme Court of the United States (2003–04). After clerking he worked as Associate Counsel and then Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law. He has also been a Senior Consultant Analyst for the International Crisis Group.

His research and teaching interests include constitutional law, national security and counterterrorism, federal jurisdiction, legislation, human rights, and comparative constitutional law.


Abstract

What forum should be employed to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the President as to whether the status of terrorism suspects should be determined via Article III criminal process or military commissions have revived debate on this venue question. The problem is typically framed as a simple matter of law on the assumption that existing statutory and doctrinal rules already furnish dispositive guidance for sorting suspects between civilian and military venues. This article takes issue with that assumption. It argues that the choice of forum question can more profitably be understood as a problem of institutional design rather than a choice of law puzzle. A key institutional design decision that to date has been ignored is whether or when to create jurisdictional redundancy: When, that is, should overlapping jurisdictions vest the government with a choice of forums or an option to retry a suspect acquitted in an initial process? Such redundancy is currently pervasive. But conventional wisdom suggests that it both risks abuse and is needlessly costly. This Article demonstrates that jurisdictional redundancy has complex direct and indirect effects on the accuracy and cost of terrorism-related adjudication. It presents a comprehensive framework for analyzing jurisdictional redundancy by exploring how the latter influences error rates, system maintenance costs, externalities, information production, and incentives. Applying that framework, I suggest the current status quo of pervasive redundancy has surprising merit in contrast to two leading reform proposals.

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Aziz Huq Assistant Professor of Law, The University of Chicago Law School Speaker
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Jacob Shapiro Assistant Professor of Politics and International Affairs, Princeton University; Co-director, Empirical Studies of Conflict Project Speaker
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David Palkki Deputy Director, National Defense University, Conflict Records Research Center; Co-editor, The Saddam Tapes: The Inner Workings of A Tyrant’s Regime, 1978-2001 Speaker
Martha Crenshaw Professor of Political Science (by courtesy); Senior Fellow, CISAC and FSI Commentator
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Abstract

As the diplomatic standoff in North Korea enters its fourth year, the crisis atmosphere on the Korean peninsula sparked by Pyongyang's military actions in 2010 has eased. Pyongyang has agreed to return to the diplomatic table, its hand strengthened by advancing its nuclear program in the interim. Washington and Seoul remain reluctant to engage, having been burned by Pyongyang's clandestine uranium enrichment program unveiled in 2010. The authors argue that re-engagement, with the immediate objective to stop a third nuclear test and prevent further missile tests, is imperative to contain the nuclear threat for now; preventing the nuclear program's expansion and preparing the way for the ultimate denuclearization of the peninsula—critical goals—must be left to a second step.

 

Note: There is a supplement to this piece with detailed overhead imagery, additional analysis of Pyongyang's march toward a more threatening nuclear weapons capability, and brief commentary on how the accession of Kim Jong-un to leadership may influence North Korea's nuclear trajectory. Click here to access "North Korea from 30,000 Feet"

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The sixth session of the Korea-U.S. West Coast Strategic Forum was held in the Bechtel Conference Center at Stanford University on June 8, 2011. Established in 2006 by Stanford University and now convening semi-annually alternating between Stanford and Seoul, the Forum brings together distinguished South Korean (Republic of Korea, or ROK) and American scholars, experts, and former military and civilian officials to discuss North Korea, the U.S.-ROK alliance, and regional dynamics in Northeast Asia. Stanford University’s Walter H. Shorenstein Asia-Pacific Research Center is co-organizer of the Forum with the Sejong Institute of Korea. Operating as a closed workshop under the Chatham House Rule of individual confidentiality, the Forum allows participants to engage in candid, in-depth discussion of current issues of vital national interest to both countries.

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Beyond NK CROPPED

Why should Americans worry about South Korean security? The answer is clear: North Korea, and beyond. Most international attention to the North Korea problem has focused on U.S. policy, but South Korea's longterm role may in fact be more important. South Korea's security is vital to peace and stability, not only in Northeast Asia but also the wider world.

Written by eminent scholars, practitioners, and policymakers with extensive on-the-ground experience, Beyond North Korea assesses the varied contexts—regional and global, traditional and nontraditional—that underpin South Korea's varied security challenges. What are South Korea's military requirements? How do relations with its neighbors enhance or undermine its position? What economic, environmental, and demographic factors come into play? This book reveals that South Korea's national security rests as much on sound domestic policy choices as on successful interstate relations. 

Desk, examination, or review copies can be requested through Stanford University Press.


Beyond North Korea is the first in a new series of policy-related studies on contemporary South Korea sponsored by the Koret Foundation of San Francisco.

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Future Challenges to South Korea's Security

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Byung Kwan Kim
Gi-Wook Shin
David Straub
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The legacy of the late North Korean leader Kim Il Sung's decision in the early 1990s to pursue a strategic partnership with the United States has run its course. In its place, the focus of Pyongyang's policies has decisively shifted to Beijing. However wary the North Koreans may be of their neighbor, the fact is that from Pyongyang's viewpoint, the Chinese have delivered and the United States did not.

Any shards remaining from the North's previous, decades-long effort to normalize ties with the U.S. were swept away by current leader Kim Jong Il's trip in May to China, his third in barely a year. Based on our discussions with Chinese officials, we believe that during that visit, Pyongyang and Beijing came to an understanding that, in preparation for planned, major domestic political events in 2012, both sides require sustained political stability, a convergence of interests that provides the opportunity for expanding bilateral relations beyond anything enjoyed in the past. The North is building toward a "prosperous and powerful" nation in celebration of the Kim Il Sung centenary in April; the Chinese are looking toward their 18th Party Congress scheduled for late next year. In both cases, it was apparently decided, stability on the Korean peninsula would serve economic programs and the succession of a new generation of leaders.

In the arrangements — formal and informal — that emerged from Kim Jong Il's discussions with his hosts, Pyongyang agreed not to "make trouble" (as the Chinese described it to us) in the short term, presumably meaning no deliberate military provocations, no third nuclear test and no launch of another ballistic missile. Beyond that, the talks ended in a compromise that neither side found entirely satisfactory. Kim came away with less aid and a smaller Chinese commitment of support than he had sought, though Pyongyang typically asks for more than it can get.

The North did, however, receive increased access to both Chinese capital and technology in spite ofUnited Nations and other foreign sanctions. Kim also obtained, through the establishment of joint economic zones with China along the Yalu River, a locale to test adjustments necessary to economic development, adjustments that would fall short of what Beijing considers genuine economic reform. Chinese President Hu Jintao, we were told, had to settle for Kim's promise to cause less trouble but without a North Korean commitment to serious steps toward denuclearization.

We believe that this pivot toward Beijing is no routine oscillation in North Korean policy. The drive to normalize relations with the U.S. from 1991 to 2009 had been real, sustained and rooted in Kim Il Sung's deep concern about the regime's future in the aftermath of the collapse of the Soviet Union. Perhaps there was no better demonstration of the North's approach in those years than the situation on Oct. 25, 2000 — the 50th anniversary of the entry of the Chinese People's Volunteers into theKorean War. Who was in Pyongyang on that date meeting Kim Jong Il? The Chinese defense minister? No, he was cooling his heels while Kim met with the U.S. secretary of State. That was no accident of scheduling on Pyongyang's part; it would not happen again today.

If the paradigm shift is real, we expect the North in the near to medium term to make far less overt trouble. Less tension on the Korean peninsula? What could be wrong with that? Nothing, as long as it is understood that such tranquillity will also provide a veil for the North's continuing pursuit of nuclear weapons and increasingly sophisticated delivery systems. With the onset of stability and growing Chinese-North Korean cooperation, Pyongyang may well calculate that the outside world's focus on the North Korean nuclear program will become diffuse. Indeed, the North Koreans have long assumed that given enough time, the world would resign itself to their nuclear weapons, as happened with India and Pakistan.

To help things along, it isn't out of the question that Pyongyang might even agree to some U.S. efforts to contain the nuclear program through a series of what Washington calls "pre-steps." The North has repeatedly expressed willingness to consider discussion of its uranium enrichment program and moratoriums on missile and nuclear tests. As unilateral actions, these would have short-term benefits by further stabilizing the situation to provide additional room for discussions. But in the absence of long, serious negotiations between the two sides, they will turn out to be no more meaningful than the ill-considered agreements of the now moribund six-party talks.

All of which brings us back to the deepening North Korean-Chinese ties, and the downgrading in Pyongyang's calculations of relations with the United States. There was considerable momentum behind the North's strategy for engaging the U.S. in past negotiations. That is no longer the case, with consequences we have only started to feel.

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Recent events in the U.S. have raised concerns about the safety and security of research with hazardous microbial agents, particularly with regard to the insider threat. The anthrax letters of 2001 and several technical surprises in legitimate infectious disease research, led to a series of high-level committee recommendations on safety and security of the ongoing work. When a scientist from a U.S. military high-containment laboratory was implicated in the anthrax letters case, the president and congress called for more regulation. Subsequently, a series of steps to reduce the risk have been proposed: from armed guards, pathogen accountability and medical and psychological exams for scientists to training, ethical frameworks, codes of conduct and standards of quality research. Franz will discuss the implications of these events on both security and productive research in support of public health and the life-sciences enterprise, and the important role of leadership and culture in enhancing both safety and security.


About the speaker: Dave Franz is a Vice President and Chief Biological Scientist at MRIGlobal. He served in the U.S. Army Medical Research and Materiel Command for 23 of 27 years on active duty and retired as Colonel. He served as Commander of the U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID) and as Deputy Commander of the Medical Research and Materiel Command. Prior to joining the Command, he served as Group Veterinarian for the 10th Special Forces Group (Airborne). Dr. Franz was Technical Editor for the Textbook of Military Medicine on Medical Aspects of Chemical and Biological Warfare released in 1997. He serves on numerous national committees and boards. Dr. Franz holds an adjunct appointment as Professor for the Department of Diagnostic Medicine and Pathobiology at the College of Veterinary Medicine, Kansas State University. The current focus of his activities relates to the role of international engagement in the life sciences as a component of national security policy.

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