Technical Issues in the Comprehensive Nuclear Test Ban Treaty (CTBT) Ratification Debate: A 20 Year Retrospective
Two decades after the U.S. Senate declined in 1999 to give its consent to ratification of the Comprehensive Nuclear Test Ban Treaty (CTBT), the treaty remains in legal and political limbo. Legally, the treaty cannot enter into force without U.S. ratification. However, the Senate’s rejection does not strip the treaty of its force as an element of customary international law or alter the will of other signatories to see it enter into force. Politically, the debate over the virtues and flaws of the treaty remains as strong as ever, with some CTBT advocates pushing energetically for U.S. re-review while some opponents seek ways to “un-sign” the treaty. Meanwhile, despite the Senate’s rejection of the treaty, the United States acts in a manner consistent with its main obligations by maintaining a moratorium on explosive nuclear testing and providing financial support (as well as technical expertise) to the CTBT Organization (CTBTO)—in particular the CTBTO’s International Monitoring System (IMS). The CTBT may well remain in such limbo for a long time to come, unless some catalytic event comes along to re-shape national perceptions and priorities, one way or the other. The treaty’s future, whatever it might be, will be determined in part by how much perspectives might have changed in light of interim developments. Our purpose is to shed light on some of those developments and to assess their relevance. The 1999 ratification debate addressed a large number of issues. Rejection was driven by various policy and technical judgments. The purpose of this paper is to re-examine those technical judgments in light of what has been learned over the following two decades. On some technical matters, there was explicit recognition of extant uncertainties, as well as a conviction and hope that time would dispel them. To be doubly clear, our purpose is not to recommend a way forward on CTBT ratification. The policy judgments of 1999 and 2020 are beyond the scope of this paper. This technical re-examination proceeds as follows. It begins with a short background section to introduce the key technical matters in discussion in the U.S. ratification process. Then it moves systematically through each of those topics with a review of relevant background information, a discussion of key points in debate, an analysis of subsequent experience, and a current assessment. The historical analysis draws on many sources including the primary documents of the Congressional debate, the official article-by-article interpretation by the Department of State, and the statements of key players in the process. We also relied on key technical reports and publications by subject matter experts that have addressed in more detail many of the issues in our focus. These sources include the 2002 and 2012 reports of the National Academy of Sciences as well as publications by senior technical staff of Lawrence Livermore National Laboratory (LLNL) who were actively involved in the ratification debate, including then-Laboratory Director Bruce Tarter. We also conducted several interviews with government officials from the 1990s, past laboratory directors, and other members of the scientific community. But, except where individuals are specifically cited by name, the judgments offered here are our own and should not be attributed to any other individual or to LLNL as such.