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– Lisa Beyer
Bloomberg News
August 27, 2018
March 2024
Edition Date: 
Friday, March 1, 2024
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Amid Rising Tensions, North, South Korea Exchange Threats


March 2024
By Kelsey Davenport

North and South Korea exchanged threats after the North Korean leader abandoned the goal of unifying the peninsula and labeled South Korea a hostile country. Despite the rising tensions, the Biden administration assesses that there is no immediate threat of a North Korean attack.

As tensions intensify between North Korea and South Korea, the North has been drawing closer to Russia. Russian Foreign Minister Sergey Lavrov (R) met North Korean leader Kim Jong Un in Pyongyang on Oct. 19. (Photo by Russian FMA Telegram Channel/Handout/Anadolu via Getty Images)In December, North Korean leader Kim Jong Un forsook a long-standing policy of achieving unification with South Korea at some point in the indefinite future. (See ACT, January/February 2024.) As a result of the shift, Kim said on Feb. 8 that North Korea can legally “annihilate” South Korea now that it is defined as a “hostile country.”

He said North Korea has adopted a “national policy to occupy and pacify” South Korea “in case of emergency.” North Korea’s military advances and weapons development give the country the capability to implement that policy, he added.

South Korea still supports unification, but the administration of President Yoon Suk Yeol has threatened to respond to North Korean provocations and is taking steps to increase military readiness.

In a Jan. 13 speech, Yoon called the Kim regime “irrational” and said that a “sensible regime would give up nuclear weapons and find a way for its people to live.” He said that Kim’s comments and the country’s recent military drills “constitute a provocation and threat.”

Yoon also accused North Korea of conducting “psychological warfare and activities” against South Korea and said that South Korea expected provocations from North Korea, including at the border between the two countries, over the course of the year.

South Korean Defense Minister Shin Won-sik said during a Jan. 24 visit to an air force facility that the military must be prepared to respond to North Korea, including quickly eliminating the “enemy leadership” if Pyongyang decides to go to war.

Despite the rhetoric coming from Pyongyang and Seoul, the Biden administration dismissed suggestions that North Korea is preparing for war.

Jung Pak, the senior U.S. official for North Korea at the State Department, said in a press briefing on Feb. 15 that the United States does not see any signals of “an imminent or direct attack at this point.”

Pak said Kim’s posture has not fundamentally changed, despite the decision to abandon unification.

But North Korea is continuing to develop weapons systems that are more difficult to defend against and conducting live-fire exercises, including near the Northern Limit Line, the maritime boundary between North and South Korea.

Yoshimasa Hayashi, Japan’s chief cabinet secretary, said on Feb. 15 that North Korea’s testing of missiles “from various platforms” strengthens the country’s “surprise attack capabilities.”

In January, North Korea tested new missiles, including a solid-fueled intermediate-range ballistic missile, a strategic cruise missile, and a submarine-launched cruise missile (SLCM). The systems tested are more difficult to intercept using missile defenses and are nuclear capable, according to the state-run Korean Central News Agency (KCNA). The cruise missiles also give North Korea more launch options, which makes it more difficult to preemptively target the country’s systems.

The strategic cruise missile contributes to North Korea’s “rapid counterattack posture,” KCNA said in a Jan. 31 statement.

After the SLCM launch on Jan. 28, KCNA said that Kim oversaw the launch and emphasized that “nuclear weaponization of the navy is an urgent task” and a “core requirement for building the state nuclear strategic force.”

The intermediate-range ballistic missile, tested on Jan. 14, included a maneuverable reentry vehicle, which uses a technology that can be used to make the missile more challenging for missile defenses to shoot down.

KCNA said the test successfully verified “the gliding and maneuvering characteristics of intermediate-range hypersonic maneuverable controlled warhead and the reliability of newly developed multi-stage high-thrust solid-fuel engines.”

The North Korean missile test had “nothing to do with the regional situation,” KCNA reported.

Although the Biden administration assesses that North Korea’s missile advances and rhetoric are not signs of an imminent attack, Pranay Vaddi, the U.S. National Security Council senior director for arms control, warned that the “nature of North Korea as a threat in the region could drastically change over the coming decade.”

Vaddi, speaking at the Center for Strategic and International Studies on Jan. 18, said that the “unprecedented level of cooperation in the military sphere” between Russia and North Korea could improve the North’s capabilities.

The United States and South Korea must continue to ensure that U.S. extended deterrence remains credible as the threat evolves, Vaddi said.

But the Biden administration sees no immediate threat of a North Korean attack. 

Russia Uses North Korean Missiles Against Ukraine


March 2024
By Kelsey Davenport

The United States accused Russia of launching North Korean ballistic missiles at Ukrainian targets and warned that Pyongyang will benefit from seeing how the missiles perform.

Russian President Vladimir Putin (L) and North Korean leader Kim Jong Un (R) are shown meeting in September in the Vostochny Cosmodrome in Russia’s Far East region amid talk of a weapons deal. The United States recently accused Russia of launching North Korean ballistic missiles at Ukrainian targets. (Photo by Vladimir Smirnov/POOL/AFP via Getty Images)In a Jan. 4 press briefing, John Kirby, the National Security Council coordinator for strategic communications, said that Russia attacked Ukraine using North Korean ballistic missiles with a range of about 900 kilometers on Dec. 30 and Jan. 2.

The White House said in October that North Korea transferred armaments to Russia in September in violation of UN Security Council resolutions, but it appears that the Dec. 30 attack was the first time Russia used North Korean ballistic missiles against Ukraine. (See ACT, November 2023.)

The United States and its partners will impose additional sanctions on entities that facilitate the transfers of weapons and will call public attention to the arms deals, Kirby said.

He did not reference a specific North Korean ballistic missile, but experts and Ukrainian officials say missile fragments suggest Russia is using the short-range Hwasong-11A. Ukraine also accused Russia of using two Hwasong-11A missiles in a Feb. 7 attack on Kharkiv.

At a UN Security Council meeting on Jan. 10, Russian Ambassador Vassily Nebenzia disputed the allegation and accused the United States of spreading “deliberately false information.”

During the meeting, South Korea, which joined the Security Council for a two-year term beginning in 2024, raised concerns about the knowledge North Korea will gain from providing the systems to Russia. Ambassador Hwang Joon-kook said the launches “provide valuable technical and military insights” and that Moscow’s use of the missiles will encourage Pyongyang to export missiles to other states to “rake in new revenue to further finance” its nuclear weapons and ballistic missile programs.

Although the Security Council did not take action against Russia, more than 50 states signed a Jan. 9 statement condemning North Korea’s export of missiles to Russia. The states said the “transfer of these weapons increases the suffering of the Ukrainian people, supports Russia’s war of aggression, and undermines the global non-proliferation regime.”

The accusations of North Korean involvement came from the United States, which promised to respond by imposing additional sanctions.

Mexican Lawsuit Against U.S. Gun Firms to Proceed


March 2024
By Chad Lawhorn

The U.S. Court of Appeals for the First Circuit has revived Mexico’s $10 billion lawsuit against U.S. gun manufacturers, which previously was dismissed by a lower court.

Alejandro Celorio Alcántara, legal adviser to the Mexican Foreign Ministry, speaks during a press conference in August 2021 when Mexico announced its suit against U.S.-based manufacturers and sellers of weapons used by organized crime groups in Mexico. (Photo by Luis Barron/Eyepix Group/Future Publishing via Getty Images)The suit accuses six companies, including Smith & Wesson and Sturm, Ruger & Co., of negligent practices that facilitate the trafficking of more than 500,000 guns annually to Mexican drug cartels, exacerbating gun violence in that country.

Despite the broad immunity granted to gun-makers by the U.S. Protection of Lawful Commerce in Arms Act, the Boston-based appeals court unanimously found that Mexico’s lawsuit “plausibly alleges a type of claim that is statutorily exempt from the [act’s] general prohibition,” Reuters reported on Jan. 22.

Alejandro Celorio Alcántara, the lawyer leading the lawsuit for the Mexican government, told El País in an interview on Jan. 25 that the decision to revive the case was “historic.”

“Not only will we have the opportunity to present our evidence, we will be able to ask the defendant companies to share their evidence with us…. That’s the kind of information we’re going to get in litigation. It could be a gold mine,” he said.

The appeals court decision overturns a lower court’s 2022 dismissal, which found that foreign governments cannot sue under U.S. law. It marks a significant legal advancement for Mexico, supported by U.S. gun control advocates.

Mexico has argued that the actions of gun manufacturers have contributed directly to the violence within its national borders.

The lawsuit seeks financial damages and aims to hold these manufacturers accountable for their role in international arms trafficking and related harms, such as declining investment and economic activity in Mexico​​.

Other companies named in the suit are Beretta USA, Barrett Firearms Manufacturing, Colt’s Manufacturing Co., and Glock Inc. All have denied wrongdoing.

The U.S. law typically shields gun manufacturers from liability for the improper use of their products. The gun companies have argued that Mexico does not have legal standing to sue. (See ACT, September 2022.)

The lower court agreed with the immunity argument, ruling that the law prohibits legal action brought by foreign governments. The appeals court determined that the law was designed only to protect lawful firearms-related commerce and not the problem Mexico identified, namely, companies accused of aiding and abetting illegal gun sales by knowingly facilitating the trafficking of firearms into the country.

According to Celorio Alcántara, the gun-makers unsuccessfully attempted to distance themselves from the issue of gun trafficking by describing the scale and scope of supply chains and the number of individuals involved in those processes.

Mexico, on the other hand, focused on the U.S. law and why it did not apply. “We pointed out that [it] has no extraterritorial effect, that there is a direct violation of the machine gun export ban, and that the defendant companies violate state and federal laws,” Celorio Alcántara said.

The decision to revive the case could pave the way for other litigation against gun manufacturers on similar grounds, potentially affecting how firearms are marketed, distributed, and regulated within the United States and internationally.

“Other countries will surely be able to analyze whether this decision…gives them a window to sue, such as Jamaica, Canada, or other countries that are suffering from the same problem,” Celorio Alcántara said.

As the Mexican case proceeds, it likely will encounter more legal and political hurdles given the power of the gun lobby, contentious gun control debates in the United States, and intricate legal arguments surrounding the law.

Mexico’s $10 billion lawsuit against U.S. gun producers had been dismissed previously by a lower court.  

Russia Bars Ukrainian Operators From Zaporizhzhia


March 2024
By Kelsey Davenport

The head of the International Atomic Energy Agency (IAEA) has raised concerns that Russia’s decision to cut staff at the Russian-occupied Zaporizhzhia Nuclear Power Plant is compromising nuclear safety and security.

Rafael Mariano Grossi (C), director-general of the International Atomic Energy Agency (IAEA), visited the Zaporizhzhia Nuclear Power Plant on Feb. 7, a week after Russia announced that workers employed by Energoatom, the Ukrainian nuclear energy company, would no longer be allowed to work at the site. (Photo by Fredrik Dahl/IAEA)IAEA Director-General Rafael Mariano Grossi visited the facility on Feb. 7, a week after Russia announced that workers employed by Energoatom, the Ukrainian nuclear energy company, would no longer be allowed to work at the site.

After Russia illegally attacked and occupied the Zaporizhzhia complex in March 2022 as part of its full-scale invasion of Ukraine, it brought in employees from Rosatom, the Russian state-run nuclear company, to operate the nuclear power plant and pressured Ukrainian employees to sign contracts with Rosatom. Until Feb. 1, 120 Energoatom employees were still working there. Following the announcement, Russia informed the IAEA that it had sufficient personnel to run the facility without the 120 Energoatom staffers. Russia said it was necessary to bar Energoatom employees from the site to operate the plant in line with Russian regulations.

After his visit, Grossi said the number of staff is “significantly reduced” from prewar levels and warned that even though the reactor units are in shutdown mode, “the plant still requires sufficient numbers of qualified personnel to conduct both operational tasks and to ensure that equipment important for nuclear safety and security is properly maintained.”

Prior to visiting the Zaporizhzhia plant, Grossi met with Ukrainian President Volodymyr Zelenskyy and various Ukrainian officials, including Petro Kotin, the head of Energoatom. Grossi said his agency is working to “assess the operational impact of this [Russian] decision.” There is “absolutely no place for complacency” regarding the security and safety of the facility, he said.

In January, the IAEA team at the Zaporizhzhia complex notified the agency that Russia mined the area between the internal and external fences surrounding the site. Russia previously had placed landmines in that zone, but removed them in November 2023.

In a Jan. 19 statement, Grossi said the use of landmines is inconsistent with IAEA standards for nuclear safety.

Russia defended its decision in a Jan. 31 statement to the IAEA, saying that landmines “do not pose any threat to personnel” at the Zaporizhzhia plant and that their use “does not contradict any IAEA recommendations.”

Russia said that landmines are necessary “to deter potential saboteurs.” It argued that deterring sabotage “corresponds” to the five IAEA principles for ensuring the safety and security of the plant, specifically that all structures at the facility must be “protected from attacks or acts of sabotage.” Grossi introduced the five principles at a UN Security Council meeting in May 2023 and continues to reiterate their importance. (See ACT, June 2023.)

In addition to staffing and landmines, Grossi raised additional concerns about nuclear safety and security during a Jan. 25 briefing to the Security Council. He said that the IAEA expert team at the Zaporizhzhia site “has not had timely access to some areas of the plant” and stressed that access is necessary to “effectively conduct” assessments of safety and security.

After the Feb. 8 visit, Grossi emphasized that IAEA personnel must be able to ask questions about conditions at the site. He said that “there were situations where there were suggestions that [agency experts should] look but not talk.” Preventing questions “is not good,” Grossi said.

The head of the International Atomic Energy Agency said Russia’s decision to cut staff at the Zaporizhzhia Nuclear Power Plant compromises safety. 

Sentinel ICBM Exceeds Projected Cost by 37 Percent


March 2024
By Libby Flatoff

The U.S. Air Force notified Congress on Jan. 18 that the new Sentinel intercontinental ballistic missile (ICBM) would cost 37 percent more than expected and take about two years longer than planned to build and deploy.

Cost overruns and production delays plague the new U.S. Sentinel intercontinental ballistic missile system program. (Image by Northrop Grumman)The cost per unit for the Sentinel system originally was projected to be $118 million and now is estimated at $162 million, putting the projected total program cost at roughly $130 billion over the next decade, up from an estimated baseline of $96 billion, the Air Force told Defense News.

The expected delay of the system’s initial operating capability likely will result in greater sustainment costs to keep the existing fleet of Minuteman III ICBMs operational.

The projected overrun would put the new missile system in “critical” breach of the Nunn-McCurdy Act, a law designed to prevent major cost overruns for weapons systems, a chronic problem plaguing the Pentagon.

There are two levels of breaches under the act. A program is in significant breach when the program unit cost increases by 15 percent of the current baseline or 30 percent over the original cost estimate. A critical breach occurs when the cost increases by 25 percent of the current baseline or 50 percent of the original estimate.

In 2020, Northrop Grumman was awarded a sole-source $13.3 billion contract for engineering and manufacturing Sentinel missiles to replace the current arsenal of 400 deployed Minuteman III ICBMs.

The Sentinel development program calls for acquiring 659 missiles, updating 450 launch silos, and modernizing more than 600 facilities to “like new conditions,” according to Air Force Global Strike Command. (See ACT, May 2023.)

In 2020 the Pentagon estimated that the total cost of the next-generation Sentinel program, including decades of operations and support, could be as high as $264 billion. (See ACT, March 2021.) Taking the new cost increases into account, the total cost of the program over its planned 50-year life cycle could be as high as $300 billion, plus another $15 billion for the production of the new W87-1 warhead for the missiles.

Under the act, the Defense Department is required to report to Congress whenever a major defense acquisition program exceeds certain cost thresholds. The notification must include an explanation of the cost increase, changes in the projected cost, changes in performance or schedule, action taken or proposed to control cost growth, and prior cost estimating information.

In addition, the department must submit a new selected acquisition report containing the new status of the total program cost, schedule, performance, cost per unit, and cost breach information. The report on the Sentinel program is due to be submitted within 45 days after President Joe Biden submits his budget to Congress, now set for March 9.

With a critical breach, the Office of the Secretary of Defense is required to conduct a root-cause analysis to determine what factors caused the cost increase.

Under the act, if the program is to continue, the defense secretary must certify no later than 60 days after the new selected acquisition report that the program is essential to national security, the new cost estimates are reasonable, the program is a higher priority than those whose funding will be cut to cover the cost increase, and a new management structure is in place to control additional cost growth. If the certification and requirements are met, the program will be allowed to continue.

At the Air Force Association forum on Feb. 11, Air Force Secretary Frank Kendall said that “nothing is off the table right now.… [W]e’re going to take a look at the totality of the [defense] budget” when addressing how to cover the additional $35 billion needed for the Sentinel program.

Rep. John Garamendi (D-Calif.), a member of the House Armed Services Committee and co-chair of the bicameral Nuclear Weapons and Arms Control Working Group, argued in a statement Jan. 18 that the overrun is “proof that we must look closely at our nation’s nuclear policies…[and] address our security needs without compromising fiscal responsibility.”

Some experts, such as Gabe Murphy, a national security policy analyst with Taxpayers for Common Sense, say that the United States should get rid of ICBMs entirely. “Whatever strategic value nuclear ICBMs may have held in the past, in our current security environment, they serve as little more than a bottomless pit…[into] which the Pentagon throws taxpayers’ hard-earned money,” Murphy wrote in an Feb. 11 essay for Stars and Stripes.

In 2016, former Defense Secretary William Perry wrote in The New York Times “that the United States can safely phase out” its land-based ICBM force. He argued that although the ICBM force is too costly and dangerous, submarine and bomber forces are highly accurate and thus are “sufficient to deter our enemies and will be for the foreseeable future.”

Despite the cost increases, congressional backers of the Sentinel program say it should go full-speed ahead. “Sentinel is absolutely necessary for the future of our nuclear deterrent. I’m committed to conducting vigorous oversight of the program and ensuring the Air Force follows through on making the necessary changes to address the cost overruns while continuing to advance the program,” House Armed Services Committee Chairman Mike Rogers (R-Ala.) said in a Jan. 19 press statement.

Others urged support for Sentinel whatever the cost. “Despite these challenges, abandoning or downsizing Sentinel isn’t an option. Our nation’s safety and prosperity depend on an updated and fully operational nuclear deterrent,” argued Sens. Roger Wicker (R-Miss.) and Deb Fischer (R-Neb.), the ranking members of the Senate Armed Services Committee and its strategic forces subcommittee, respectively, on Jan. 19 in The Wall Street Journal.

The projected overrun would put the new intercontinental ballistic missile program in breach of a law designed to prevent major cost overruns.

Russia Rejects New Nuclear Arms Talks


March 2024
By Libby Flatoff and Daryl G. Kimball

Russian leaders have rejected a formal U.S. proposal to resume talks “without preconditions” on a new arms control framework to succeed the New Strategic Arms Reduction Treaty (New START) that expires in two years.

A Russian Topol-M intercontinental ballistic missile on display in Red Square  in Moscow in 2009. (Photo by Dmitry Kostyukov/AFP via Getty Images)If the decision holds, it means that the only remaining bilateral nuclear arms control agreement limiting the world’s largest nuclear weapons arsenals will expire on Feb. 5, 2026, along with its strict verification provisions.

In a written response to the United States on Dec. 2 obtained by Arms Control Today, the Russian Foreign Ministry said, “The proposal of the U.S. Side to launch a bilateral dialogue ‘to manage nuclear risks and develop a post-2026 arms control framework’ is unacceptable to us. Such ideas are completely inappropriate and absolutely untimely for they cannot be considered adequate to today’s realities and to the state of Russia-U.S. relations.”

Citing NATO and the “acute conflict around Ukraine,” the Russian diplomatic note also said, “At the moment, the U.S. Side does not demonstrate any interest in a mutually acceptable settlement of the current crisis [Ukraine], does not show readiness to take into account Russia’s security concerns…. Thus, there is no visible basis for a constructive and fruitful dialogue with the United States on strategic stability and arms control.”

The U.S. proposal was first announced by National Security Advisor Jake Sullivan at the annual meeting of the Arms Control Association last June. Sullivan said that the United States is ready to engage in nuclear arms control diplomacy with Russia and with other nuclear-armed members of the nuclear Nonproliferation Treaty (NPT) “without preconditions.”

“Rather than waiting to resolve all of our bilateral differences, the United States is ready to engage Russia now to manage nuclear risks and develop a post-2026 arms control framework,” he said. Three days later, Kremlin spokesperson Dmitry Peskov described Sullivan’s comments as “important and positive.” (See ACT, July/August 2023.)

But by August, Russian officials at the preparatory committee for the 11th NPT Review Conference had already started signaling that, in their view, nuclear arms control talks “cannot be isolated from the general geopolitical and military-strategic context,” which includes the full-scale Russian invasion of Ukraine.

The United States followed up Sullivan’s June speech with a written proposal to Russia that was transmitted in September. (See ACT, December 2023.)

On Jan. 17, Russian Foreign Minister Sergey Lavrov elaborated on Russia’s written response to the U.S. proposal, saying that “amid a ‘hybrid war’ waged by Washington against Russia, we aren’t seeing any basis, not only for any additional joint measures in the sphere of arms control and reduction of strategic risks, but for any discussion of strategic stability issues with the United States.”

Pranay Vaddi, senior director for arms control at the U.S. National Security Council, said at an event hosted by Center for Strategic and International Studies on Jan. 18 that the rejection “linked other politics to arms control in a way that has not been done in the post-Cold War era…[and] as a result, we don’t have a conversation to be had.”

Vaddi expressed disappointment that Russia had not even offered a counterproposal on nuclear arms control and disarmament. In failing to do so, “Russia is minimizing their obligations under the NPT” and not even attempting “to pursue negotiations in good faith” as required by Article VI of that treaty.

Shortly after Russia’s rejection of the U.S. proposal became public, the U.S. State Department on Jan. 31 released its annual report to Congress on the implementation of New START. It said that the United States had 1,419 warheads on deployed intercontinental ballistic missiles, submarine-launched ballistic missiles, and heavy bombers, below the limit of 1,550 deployed warheads permitted by the treaty.

The report said that Russia’s decision to pause New START inspections in 2022 and its failure to provide data on its strategic nuclear forces since it suspended implementation of the treaty in early 2023 “negatively affects the ability of the United States to verify Russia’s compliance” with the New START deployed-warhead limit.

Despite the verification obstacles, the report assesses that Russia “likely did not exceed” the treaty’s deployed-warhead limit in 2023 and “that there is not a strategic imbalance between the [United States] and [Russia] that endangers the national security interest of the United States.”

But the report noted that “due to the uncertainty generated by Russia’s failure to fulfill its obligations with respect to the [t]reaty’s verification regime, the United States was unable to verify that [Russia] remained in compliance throughout 2023 with its obligation to limit its [number of] deployed warheads…to 1,550” on delivery vehicles subject to the treaty.

Deputy Russian Foreign Minister Sergei Ryabkov said in an interview with RIA Novosti on Jan. 22 that, “for now, we are focusing on the task of maintaining the quantitative indicators of strategic offensive weapons at the levels established by the treaty on the condition that further destabilizing steps by Washington will not make such a task meaningless for us.”

The decision means that the remaining Russia-U.S. nuclear arms control treaty limiting the world’s largest nuclear arsenals will expire in 2026.

IAEA Warns Iran About Lack of Transparency


March 2024
By Kelsey Davenport

Iran’s failure to provide full transparency into its nuclear program is increasing risk, the head of the International Atomic Energy Agency (IAEA) warned.

Rafael Mariano Grossi, director-general of the International Atomic Energy Agency, appearing at the the World Government Summit in Dubai on Feb. 13, says that Iran’s failure to provide full transparency into its nuclear program is increasing risk. (Photo by RYAN LIM/AFP via Getty Images)IAEA Director-General Rafael Mariano Grossi said on Feb. 13 that Iran is “not entirely transparent” regarding its nuclear activities, which “increases dangers,” particularly given the “accumulation of complexities” in the Middle East.

In addition to seeking answers about undeclared uranium activities at two sites from the pre-2003 period, when Iran had a nuclear weapons program, Iran is not providing the IAEA with design information about new nuclear facilities, as required by its safeguards agreement, or following through on a voluntary commitment in March 2023 to enhance agency monitoring at sites that support the country’s nuclear program but do not hold fissile materials.

Grossi, speaking at the World Governor’s Summit in Dubai, also referenced an uptick in “loose talk about nuclear weapons” in Iran and said a “very high official said…we have everything” to make a nuclear weapon.

Grossi’s remarks appeared to refer to a comment by Ali Akhbar Salehi, former foreign minister and head of the Atomic Energy Organization of Iran (AEOI) from 2013 to 2020. Asked if Iran has the capability to produce nuclear weapons in a Feb. 11 interview with Nasim TV, Salehi said that the country has crossed “all the scientific and technological nuclear thresholds” necessary to build a weapon.

Salehi’s declaration that Iran has a nuclear weapons capability is not surprising. The U.S. intelligence community has long assessed that Iran has the technical and scientific capacity to build a nuclear weapon if the political decision is made to do so.

Iranian officials, including the current head of the AEOI, Mohammad Eslami, continue to say Iran is not interested in nuclear weapons. In a Jan. 13 interview with Ofogh TV, Eslami said that nuclear weapons are not part of Iran’s defense and security strategy. He said Iran can build a nuclear arsenal but “we do not want to do it.”

Regardless, clashes between the United States and Iranian-backed forces in the region increase the risk that Tehran could determine that the benefits of pursuing nuclear weapons outweigh the costs.

Iran’s nuclear advances since U.S. President Donald Trump withdrew the United States from the 2015 nuclear deal, known as the Joint Comprehensive Plan of Action, in May 2018 would allow Tehran to produce enough weapons-grade fissile material for five bombs in about four weeks. U.S. officials have suggested that the weaponization process could take another six to 12 months.

The speed at which Iran could produce enough fissile material for a nuclear weapon is due largely to Iran’s growing stockpile of uranium enriched to 60 percent uranium-235, a level just shy of the 90 percent-enriched U-235 that is considered weapons grade.

The IAEA reported in December that Iran accelerated the production of 60 percent-enriched U-235 after a decrease in production from June through November. But in a Feb. 19 interview with Reuters, Grossi said Iran had again decreased the rate of production.

He said Iran’s recent changes to the rate of production of 60 percent-enriched U-235 “does not alter the fundamental trend,” which is a “constant increase in inventory” of highly enriched uranium.”

Iran does not have any practical need for uranium enriched to 60 percent U-235. The country’s sole operating nuclear power reactor, at Bushehr, runs on uranium enriched to less than 5 percent U-235, and Russia provides that fuel. Iran operates a research reactor with fuel that uses uranium enriched to 20 percent U-235, which Tehran imports.

Iran recently announced the start of construction on several new reactors but none of the units will require fuel with 60 percent-enriched U-235.

On Feb. 5, Eslami said Iran began pouring the foundation for a new research reactor at Esfahan that will be used to produce isotopes for medical treatments and industrial purposes.

The previous week, Iran began constructing a new nuclear power plant. The site, located on Iran’s east coast, will include four reactor units and take nine years to build, according to Eslami.

Iran did not notify the IAEA when it began construction of these facilities, as required under its safeguards agreement. Iran maintains that it suspended the safeguards provision, known as modified Code 3.1, that requires it to notify the agency when the decision is made to construct a new nuclear facility. Iran says it will abide by the previous requirements, which stipulate that a country must notify the IAEA 180 days before nuclear material is introduced into a facility.

The IAEA argues that Iran cannot unilaterally suspend modified Code 3.1. The agency changed the notification requirements to give inspectors a longer lead time to develop effective safeguards.

While in Davos for the World Economic Forum in January, Grossi emphasized the importance of Iran providing more transparency regarding its nuclear program. He also said it is “unacceptable” for Iran to “hold the IAEA hostage” over “political disputes with others.” Specifically, Grossi said Iran is punishing the agency because of actions taken by France, the United Kingdom, and the United States that Iran’s leaders consider to be objectionable.

He called for diplomacy to prevent the “situation deteriorating to a degree where it would be impossible to retrieve.”

Risks associated with Iran’s nuclear program are heightened by “complexities” in the Middle East, the IAEA chief said.

Ukraine Accuses Russia of Using Chemical Agent


March 2024
By Mina Rozei

Ukraine has accused Russian ground forces in Ukraine of multiple instances of using riot control agents against Ukrainian infantry positions this year in a manner prohibited by the Chemical Weapons Convention (CWC).

An example of the K-51 gas grenade that Ukraine accuses Russian ground forces of using in their full-scale war in Ukraine in a manner prohibited by the Chemical Weapons Convention. (State Border Service of Ukraine)Russia used K-51 grenades filled with chloropicrin, a World War I-era chemical substance, 229 times since the beginning of January, according to a Feb. 9 statement from the Armed Forces of Ukraine published via the Ukrainian Army’s Telegram channel.

In a televised statement on Jan. 30, a Ukrainian military spokesperson said Ukraine also has documented incidents from 2023 in which Russia used grenades and drones filled with chloropicrin and more recently with 2-chlorobenzylidene malononitrile gas, commonly known as tear gas, both of which are classified by the CWC as riot control agents.

These agents, which are used widely by domestic police forces around the globe, are banned by the CWC for use by militaries on the battlefield. Article 1 of the treaty specifically obligates states-parties “not to use riot control agents as a method of warfare.”

The spokesperson for Ukraine’s Tavria military group, Col. Oleskandr Shtupun, said on Jan. 30 on Ukrainian national television that each case of alleged use of these agents is being investigated separately. “Appropriate analyses are made, and then the results are submitted to international institutions,” Shtupun said, according to The Kyiv Independent.

The Russian Embassy to the Netherlands denied the charges in a Jan. 26 statement on social media. “All allegations that Russia is using grenades with chloroacetophenone banned by the Geneva Convention are based on unconfirmed data. There are no chemical weapons in the stockpiles of the Russian army, as confirmed by international investigations,” according to the post.

But in November, Mallory Stewart, the U.S. assistant secretary of state for arms control, deterrence, and stability, said that “Russia’s problematic behavior has now expanded to Ukraine.”

Speaking to the CWC conference of states-parties, she noted that “reports shared by our Ukrainian colleagues and aired on Russia’s own state media suggest Russian armed forces are using [riot control agents] against Ukrainian forces.”

“We call on Russia…to immediately and unconditionally withdraw from Ukraine and to comply with its CWC obligations, including refraining from using [these agents] as a method of warfare,” Stewart said.

At the same conference, Ukraine’s representative, Kateryna Bila, said her government is in contact with the Organisation for the Prohibition of Chemical Weapons (OPCW) “on the threat of chemical weapons use and assistance and protection support from the [secretariat] as well as from [CWC] states-parties.”

The OPCW Executive Council will meet March 5-8 in The Hague, but the alleged use of riot control agents in Ukraine is not on the provisional agenda posted by the OPCW secretariat. Russia lost its elected seat on the council in a contentious vote in November.

Using riot control agents in Ukraine is prohibited by the Chemical Weapons Convention, Ukraine said.

Global Partnership Identifies New Priorities


March 2024
By Kelsey Davenport

Italy has identified new priorities for a multilateral initiative aimed at preventing the spread of weapons of mass destruction (WMD), including a focus on the nexus between climate change and chemical security and counterproliferation financing.

Italy aims to stress chemical safety and security during its year chairing the Global Partnership Against the Spread of Weapons of Mass Destruction. The Dethlingen pond near Munster, Germany, a graveyard for World War II chemical weapons that is the focus of a multi-million dollar cleanup effort, reflects the challenges that exist in this area. (Photo by Philipp Schulze/picture alliance via Getty Images)As chair of the Global Partnership Against the Spread of Weapons of Mass Destruction for 2024, Italy is responsible for setting priorities for the 31-member initiative. The Global Partnership, which was established in 2002 by the Group of Eight industrialized countries, works to prevent the proliferation of chemical, biological, radiological, and nuclear weapons.

According to a January statement, Italy aims, during its presidency, to improve the “common understanding of well-known and emerging” WMD challenges among member states.

Specifically, Italy said it intends to “increase awareness on chemical safety and security” given the “huge impact of major adverse climate changes and natural disasters associated with the accidental release of chemical material.” Italy said the Global Partnership will focus on enhancing preparedness to respond to such events.

Italy also identified proliferation finance as a priority for 2024 and said it would look to build on domestic experience to “renew a strong commitment on counter-proliferation financing” and focus on countering states that use “a variety of illicit activity and sanction evasions schemes” to fund nuclear and missile programs.

Furthermore, the initiative will look at the impact of disinformation on policy responses in the chemical, biological, radiological, and nuclear domains, Italy said.

In addition to the new priorities, Italy said the Global Partnership will continue biosecurity work prioritized under Japan’s leadership in 2023, including efforts to “address emerging and ongoing biothreats by building capacities” in Africa, and will pay special attention to WMD risk reduction efforts in Ukraine. (See ACT, January/February 2024.)

One of the mechanisms that the Global Partnership uses to achieve its goals is a match-making process that pairs states with funds and expertise with recipients looking to implement projects that align with the initiative’s mission.

In 2023, Global Partnership members provided funding and expertise for 319 projects across 96 states, according to an activity report released by Japan.

In addition to promoting biosecurity projects in Africa and WMD risk reduction in Ukraine, Japan prioritized the implementation of UN Security Council Resolution 1540, which requires states to implement measures to prevent WMD proliferation to nonstate actors.

According to the report, projects funded in Ukraine included a multiyear project to bolster public health and crisis response capabilities in the event of a chemical, biological, radiological, or nuclear incident. Other projects related to Ukraine focused on providing expertise and funding for nuclear security, including rebuilding security at the former Chernobyl nuclear plant and strengthening the security of radioactive sources.

In the biosecurity space, Japan reported “meaningful progress” in all areas of the Signature Initiative to Mitigate Biological Threats in Africa, including projects aimed at “strengthening international capacities to prevent, detect and respond to deliberate biological threats.”

Consistent with Resolution 1540, the Global Partnership’s members provided “extensive support” to states and regional organizations aimed at strengthening capacities to “prevent, detect, and respond to [WMD] terrorism.” For example, Mexico partnered with Chile and Brazil to conduct a trilateral peer review of national legal frameworks for implementing the resolution.

Global Partnership member states also supported projects to mitigate WMD threats beyond the specific priorities articulated by Japan.

The report noted several projects aimed at building capacity to implement UN Security Council sanctions on North Korea and to prevent the reemergence of chemical weapons in Syria.

Italy has new aims for an initiative to prevent the spread of weapons of mass destruction.

Japanese Mafia Accused of Trafficking Nuclear Materials


March 2024

U.S. prosecutors have charged an alleged member of the Japanese mafia with trafficking nuclear materials.

Takeshi Ebisawa, charged by the U.S. Justice Department with trafficking nuclear materials, sent photos of substances next to Geiger counters that measured radiation levels, prosecutors say. (U.S. Justice Department)The superseding indictment against Takeshi Ebisawa of Japan and co-defendant Somphop Singhasiri of Thailand on charges of “conspiring with a network of associates to traffic nuclear materials from Burma to other countries” was made public Feb. 21 by the U.S. Attorney’s Office for the Southern District of New York.

According to a news release from the U.S. Attorney’s Office, Ebisawa and his conspirators allegedly attempted to traffic nuclear materials from Myanmar between early 2020 and February 2022. In the course of the operation, they showed samples of nuclear materials to an undercover agent from the U.S. Drug Enforcement Administration, who was posing as a narcotics and weapons trafficker. Ebisawa thought he was selling nuclear materials to an Iranian general for use in a nuclear weapons program and aimed to purchase military-grade weapons “on behalf of an ethnic insurgent group” in Myanmar, according to the indictment.

The press release reported that Thai authorities assisted U.S. law enforcement investigators in transferring the nuclear samples to the United States and “a U.S. nuclear forensic laboratory later analyzed the samples and confirmed that the samples contain uranium and weapons-grade plutonium.”

“In particular, the laboratory determined that the isotope composition of the plutonium found in the nuclear samples is weapons-grade, meaning that the plutonium, if produced in sufficient quantities, would be suitable for use in a nuclear weapon,” the release added.

In April 2022, Ebisawa, Singhasiri, and one other Thai national were arrested, indicted, and charged with trafficking in drugs and weapons including surface-to-air missiles. Ebisawa is detained in New York awaiting trial. The new charges are an addition to the existing ones.

Although the Justice Department believes Ebisawa is “a leader within Japanese Yakuza, transnational organized crime syndicate,” Japanese police told Yomiuri Shimbun on July 27, 2022, that there was no confirmed information that Ebisawa was a leader or had a connection to Japanese domestic organized crime.

“It is chilling to imagine the consequences had these efforts succeeded and the Justice Department will hold accountable those who traffic in these materials and threaten U.S. national security and international stability,” Matthew G. Olsen, U.S. assistant attorney general for national security, said in the press release.

There was no specific information given regarding how the defendants may have acquired or produced nuclear materials.—SHIZUKA KURAMITSU

Japanese Mafia Accused of Trafficking Nuclear Materials

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