The European Journal of International Law Vol. 18 no. 2 © EJIL 2007; all rights reserved
Countering Nuclear Terrorism: A Conventional Response
* Professor of International Law, Department of Government and Edmund A. Walsh School of Foreign Service, Georgetown University; Director, Institute for International Law and Politics, Georgetown University; Ph.D. University of Virginia (Foreign Affairs, 1977); M.A. Florida State University (Government, 1973); M.A. Florida State University (International Relations, 1972); B.A. Florida State University (International Relations/History, 1970). The author would like to acknowledge the useful comments and suggestions made by the editor-in-chief and anonymous EJIL reviewers on an earlier version of this article. Email: joynerc{at}georgetown.edu.
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Abstract |
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Nuclear terrorism poses a grave threat to national security, a fact dramatically demonstrated on 11 September 2001 by Al-Qaeda's attacks against the World Trade Center and the Pentagon. These strikes revealed the vulnerability of Western societies to foreign terrorist threats and underscored the real possibility that terrorist groups might use nuclear weapons against cities in the United States or Europe. This article analyses the nature of this threat and possible remedies within the context of a new multilateral instrument, the 2005 International Convention for the Suppression of Acts of Nuclear Terrorism. This Convention furnishes a legal basis for international cooperation to prevent terrorists from acquiring nuclear weapons. It criminalizes the possession of, use of, or threat to use radioactive devices by non-state actors, their accomplices, and organizers if intended to produce death, serious bodily injury or environmental or property damage. The agreement further encourages increased exchanges of information and greater collaboration between governments in the pursuit of terrorist suspects. But the effectiveness of this instrument depends on the degree to which state parties respect, abide by and enforce its provisions. Key in this regard is strengthening security of fissile materials stored in nuclear facilities. If governments fulfil their duties in this Convention, the agreement will work well and accomplish its purposes. To the degree that governments fall short of meeting their obligations, specific protections against nuclear terrorism in the Convention will be eroded, and the risk of nuclear terrorism will remain high.