Select Committee on Foreign Affairs Second Report


DEVELOPMENTS IN UNITED STATES FOREIGN POLICY SINCE JUNE 2002

44. The multilateral actions described above imply that, over a year after the terrorist attacks on New York and Washington DC, the global "coalition against terrorism" remains a meaningful concept. The role of the United States in the war against terrorism is, however, unquestionably paramount.

45. We have noted in two earlier Reports the close relationship between the Government and the Bush administration, which has developed since 11 September 2001.[47] During the six months since we last reported to the House on this subject, the Prime Minister has held two bilateral meetings with President Bush, and the Foreign Secretary has met bilaterally with his counterpart Colin Powell five times. Those we met in New York and Washington alluded to a strong transatlantic relationship, and suggested that contact between London and Washington is extremely frequent, at all levels. A number of those to whom we spoke suggested President Bush's September decision to seek a UN Security Council Resolution on Iraq was partly a consequence of the Prime Minister's influence with the President. Others spoke of a "Powell-Blair" axis to counter the "Cheney-Rumsfeld" influence in Washington.

46. We fully support the Government's decision to align itself closely with the United States in the war against terrorism. We conclude that this policy has enhanced Britain's influence over current policy decisions, and has also helped to foster the 'special relationship' in the long run.[48]

47. Given the United States' central importance, and Britain's closeness to US positions in the war against terrorism, it is worth noting some important developments in US foreign policy during the past six months. These developments, detailed below, appear to be one consequence of America's paradoxical position since 11 September 2001—its continued vulnerability, combined with its extraordinary status as 'hyperpower'.

The doctrine of pre-emptive self-defence

48. In our Seventh Report, we noted the development by senior Bush administration officials of a doctrine of "pre-emptive defence,"[49] which would enable the United States to take military action against a potential adversary in advance of a suspected attack. This doctrine has now been spelt out officially in the National Security Strategy of the United States, which was published on 20 September 2002.

49. The National Security Strategy explains that "We must adapt the concept of imminent threat to the capabilities and objectives of today's adversaries. Rogue states and terrorists do not seek to attack us using conventional means ... they rely on acts of terror and, potentially, the use of weapons of mass destruction—weapons that can be easily concealed, delivered covertly, and used without warning." A new concept of self-defence is needed: "The United States has long maintained the option of preemptive actions to counter a sufficient threat to our national security. The greater the threat, the greater is the risk of inaction—and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy's attack. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act preemptively."[50]

50. It has long been accepted that states have an inherent right to self-defence. This right is made explicit in the United Nations Charter, which states that "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a member of the United Nations."[51] The United States, in arguing that it may act in self-defence before rather than if an armed attack occurs, now appears to be seeking an explicit extension of this right.

51. Although there is widespread acceptance that the new threats described in the US National Security Strategy do exist, and were brought starkly to light by the attacks of 11 September 2002, the extension of the right of self-defence has significant and potentially dangerous consequences in international law. The implications of this new US policy, and the British Government's approach to 'pre-emptive self-defence', are discussed at greater length in paragraphs 141-161 below.

US attacks by un-manned aerial vehicles: extra-judicial killings?

52. On 25 October, the United States Department of Defense admitted for the first time that it was using armed aerial drones to attack targets which threatened US and British air patrols over southern Iraq.[52] Then on 3 November, a CIA-operated RQ-1 Predator un-manned aerial vehicle (UAV) fired a Hellfire missile at a car 160km east of the Yemeni capital, Sana'a. The six occupants of the car—all of whom were killed—were al Qaeda suspects. On 5 November, the US Deputy Secretary of State for Defence, Paul Wolfowitz, described the attack as a "very successful tactical operation."[53][54]

53. This attack raises further legal questions about the United States' conduct of the war against terrorism. The United States has condemned the Israeli policy of extra-judicial killings of Palestinian terrorist suspects: on 27 September, for example, US State Department spokesman Richard Boucher criticised the Israeli government's attempt to kill a Hamas militant, and stated that "We are against targeted killings": any individual "responsible for terror and violence needs to be brought to justice."[55] On 5 November, after the Predator attack in Yemen, Mr Boucher maintained that "our policy on targeted killings in the Israeli-Palestinian context has not changed." However, Mr Boucher went on: "if you look back at what we have said about targeted killings in the Israeli-Palestinian context, you will find that the reasons we have given do not necessarily apply in other circumstances."[56]

54. We recommend that, in its response to this Report, the Government set out its policy on targeted killings, such as that carried out by the United States in Yemen on 3 November 2002.

US policy on Weapons of Mass Destruction

55. On 11 December 2002, the United States published its National Strategy to Combat Weapons of Mass Destruction. The Strategy argues that 'Some states, including several that have supported and continue to support terrorism, already possess WMD and are seeking even greater capabilities, as tools of coercion and intimidation. For them, these are not weapons of last resort, but militarily useful weapons of choice intended to overcome our nation's advantages in conventional forces and to deter us from responding to aggression against our friends and allies in regions of vital interest. In addition, terrorist groups are seeking to acquire WMD with the stated purpose of killing large numbers of our people and those of friends and allies—without compunction and without warning.'[57]

56. The US National Strategy to Combat WMD expresses the administration's intention to 'ensure that all needed capabilities to combat WMD are fully integrated into the emerging defense transformation plan'; calls for the enhancement of 'traditional measures—diplomacy, arms control, multilateral agreements, threat reduction assistance, and export controls—that seek to dissuade or impede proliferant states and terrorist networks'; and proposes the development and maintenance of capabilities 'to reduce to the extent possible the potentially horrific consequences of WMD attacks at home and abroad.'[58]

57. The difficulty inherent in addressing the threat from terrorist use of WMD is raised in the Strategy. Preventing terrorists from acquiring and using WMD is 'one of the most difficult challenges we face ... The current and potential future linkages between terrorist groups and state sponsors of terrorism are particularly dangerous and require priority attention.'[59]

58. Notably, the Strategy makes clear that the United States 'reserves the right to respond with overwhelming force—including through resort to all our options—to the use of WMD against the United States, our forces abroad, and friends and allies.'[60] The United States believes that its nuclear weapons are a valid deterrent against WMD use by its enemies.

59. In our Seventh Report, we noted that the Bush administration was reassessing its nuclear posture, and would consider their use "against targets able to withstand nuclear attack; in retaliation for attack with nuclear, biological, or chemical weapons; or 'in the event of surprising military developments.'"[61] We also noted numerous press reports indicating that the United States is developing a new generation of tactical nuclear weapons in response to the terrorist threat. In our view, this would have significant implications for arms control policy.[62]

60. In its response to our Seventh Report, the Government stated that its own nuclear posture had not changed since the Strategic Defence Review was published in 1997. It also stated that "the UK is neither developing nor planning to develop any new nuclear weapons, nor is it modifying current systems to lower their yield."[63] An earlier memorandum from the FCO had also confirmed that all activities at the Governments Atomic Weapons Establishment at Aldermaston "are fully consistent with the UK's international commitments, including the NPT [Non-Proliferation Treaty] and the Comprehensive Nuclear Test Ban Treaty."[64]

61. In response to questions about the United States' alleged development of tactical nuclear weapons, the Parliamentary Under-Secretary of State, Mike O'Brien, wrote on 5 July that "The US has emphasised ... that there is no such programme."[65] Mr O'Brien quoted US Secretary of State Colin Powell, who said on 10 March that "What we are looking at, and what we have asked the Pentagon to do, is to see whether or not within our lowered inventory levels we might want to modify or update or change some of the weapons in our inventory to make them more effective. But we are not developing brand new nuclear weapons, and we are not planning to undergo any testing."[66]

62. We are reassured by the Government's current maintenance of its existing nuclear posture, and by its assurance that the United States is not developing a new generation of tactical nuclear weapons. We recommend that the Government inform us, and likewise the House, if it decides to change its own nuclear posture or learns that the United States is planning a new generation of tactical nuclear weapons.


47   Foreign Affairs Committee, Second Report of Session 2001-2002, British-US Relations, HC 327, para 16; HC (2001-02) 384, paras 31-40. Back

48   For a fuller explanation, see HC (2001-02) 327. Back

49   In his January 2002 State of the Union address, President Bush set out his objectives in the war against terrorism: "First, we will shut down terrorist camps, disrupt terrorist plans, and bring terrorists to justice. And, second, we must prevent the terrorists and regimes who seek chemical, biological or nuclear weapons from threatening the United States and the world." For our own discussion of the emergence of the doctrine of 'pre-emptive self-defence', see HC (2001-02) 384, paras 213-227.  Back

50   The National Security Strategy of the United States of America, 20 September 2002. Available at: http://www.whitehouse.gov/nsc/nss.html. Back

51   Charter of the United Nations, Article 51. Back

52   'US drones take combat role', BBC news, 5 November 2002, available at: http://news.bbc.co.uk. Back

53   See transcript of Paul Wolfowitz's interview on CNN, 5 November 2002, available at:

http://www.defenselink.mil/news/Nov2002. Back

54   We note that on 14 December 2002 the New York Times reported that the US administration has also prepared a list of terrorist leaders which the Central Intelligence Agency is authorised to kill, if capture is impractical and civilian casualties can be minimised. See 'Bush has widened authority of CIA to kill terrorists', New York Times, 14 December 2002. Back

55   Excerpt from US State Department press briefing: 'US is against Israel's "targeted killings," says Boucher,' September 26, 2002, available at: http://www.usembassy.it. Back

56   Richard Boucher, State Department Briefing Transcript, available at:

http://www.usembassy­israel.org.il/publish/peace/archives/2002/november/110601.html  Back

57   National Strategy to Combat Weapons of Mass Destruction, p 1.  Back

58   National Strategy to Combat Weapons of Mass Destruction, p 2.  Back

59   National Strategy to Combat Weapons of Mass Destruction, p 6. Back

60   National Strategy to Combat Weapons of Mass Destruction, p 3. Back

61   The United States Nuclear Posture Review was leaked to the Los Angeles Times, 9 March 2002. Back

62   HC (2001-02) 384, paras 168-173. Back

63   Foreign and Commonwealth Office, Foreign Policy Aspects of the War Against Terrorism, Cm 5589, August 2002, p 11. Back

64   Ev 66, para 4. Back

65   Ev 49, para 3. Back

66   IbidBack


 
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Prepared 19 December 2002