6+6=9: Law and Nuclear Weapons PDF

# Chapter 9: 6+6=9: Law and Nuclear Weapons This chapter discusses how law, although not mathematics, relies on a simple, but mistaken, arithmetic equation to draw attention to international and domestic law, nuclear disarmament, proliferation, and frustrated aspirations. * The first "6" represe...

# Chapter 9: 6+6=9: Law and Nuclear Weapons This chapter discusses how law, although not mathematics, relies on a simple, but mistaken, arithmetic equation to draw attention to international and domestic law, nuclear disarmament, proliferation, and frustrated aspirations. * The first "6" represents Article VI of the 1968 **Nuclear Non-Proliferation Treaty (NPT)**. This document serves as a cornerstone effort to stop the spread of nuclear weapons. It promises that those countries who possess nuclear weapons will pursue negotiations to limit and abolish them. * The second "6" refers to **Article VI of the US Constitution**. It states that treaties are the "supreme Law of the Land" within the US, and are equivalent to federal statutes. This means that treaties are binding upon US courts and government, and are only subordinate to the Constitution. * The "9" denotes the number of states in the world that currently possess nuclear weapons. ## The Nuclear Non-Proliferation Treaty The **NPT** is a precarious balancing act that aims to reconcile conflicting interests of different groups of states. * **Non-proliferation**: Countries that haven't yet acquired nuclear weapons pledge not to do so. * **Disarmament**: Article VI outlines the commitment to pursue negotiations for the cessation of the nuclear arms race and nuclear disarmament. * **Peaceful uses**: Countries pledged to share the benefits of nuclear energy for electricity, medicine, and other civil uses. A key part of the treaty is **Article VI**, which is seen as a problematic article. It aims to "pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control." Although the commitment to "pursue negotiations in good faith" is vague, it does have legal meaning. While there is no specific timeframe indicated, the concept of "good faith" implies that: * Parties must strive toward reaching an agreement and not simply go through the motions. * They must engage in a genuine give-and-take. * They cannot disavow the goals of Article VI or interpose delays. However, the NPT has not achieved the goal of nuclear disarmament. Instead, the number of nuclear weapon states has climbed and the world is still heavily reliant on nuclear weapons, despite the fact that their stockpiles have decreased. ## The Supremacy Clause The **US Constitution, Article VI, Clause 2** establishes the supremacy of the Constitution, laws made in pursuance of the Constitution, and treaties made under the authority of the United States. This clause highlights a key point about treaty law: * Treaties cannot be challenged in court if they are "under the authority of the United States." * Therefore, a treaty is as binding as a statute and can be used to override previous state or federal law. ## Superior Orders A key question arises: What happens when someone is tasked with a job that violates a treaty? For example, what if a military officer is given an illegal order to employ a nuclear weapon? * **Duty to Obey Lawful Orders**: Military service members have a duty to obey all lawful orders. * **Duty to Disobey Illegal Orders**: If the order breaks international law, the person is obligated to disobey it. This principle follows from the **Nuremberg Trials**, where "I was just following orders" was deemed an unacceptable defense. However, when confronted with an illegal order, service members face a complex decision: * On the one hand, they must obey lawful orders to maintain order and discipline. * On the other hand, they have to resist illegal orders and uphold legal principles. This article brings up important questions about national obligations and individual responsibilities. We must acknowledge that laws cannot be ignored or downplayed and that the international community must work towards a world without nuclear weapons.