Thomas E. Doyle

All non-nuclear-weapon states are morally and legally obliged by the Nuclear Nonproliferation Treaty (NPT) to refrain from acquiring nuclear weapons. These obligations cannot be overridden for reasons of mere prudence. Only (i) material breaches of the treaty and/or a corresponding; (ii) ‘fundamental change in circumstances’ (rebus sic stantibus) that undermines the integrity of the NPT may override states parties’ legal nonproliferation duties. More than the violations of the NPT by ‘rogue’ states like North Korea or Iran, I argue that the failure of the de jure nuclear-weapon powers since 2001 to uphold their informal and some formal NPT commitments suggests the possibility of material breach and/or institutional subversion. If NPT subversion were to occur, the non-nuclear-weapon states’ collective responsibility to avoid complicity in that subversion leads them to choose between (a) individually seeking nuclear weapons capability for state security; or, more preferably, (b) a publicly announced and collective withdrawal from the NPT that simultaneously refuses to pursue the nuclear weapons option.

This paper critically examines John Mark Mattox's view of the nature of the moral appropriateness of particular response options. By so doing, I aim to engage the wider readership in a debate, which I hope leads to greater clarity and precision of thinking on these topics. After summarizing Mattox's view, I argue first that in order for Mattox's ultimate conclusion to hold in moral terms, he must abandon the argument on the permissibility of nuclear reprisal to re-establish nuclear deterrence and instead anchor this response solely on the moral grounds of retributive justice. Secondly, I argue that the morally superior and politically efficacious counter-nuclear terrorist response is to hunt down the nuclear terrorists and hold them accountable for war crimes in the International Criminal Court. This response is consistent with just war theoretic principles, and it also affirms the moral virtues of honor, dignity, and humane treatment in contexts where they are needed the most? the holocausts of nuclear terrorist attacks