Over the last two weeks, much has been written about the release of the US’s latest Nuclear Warfare Doctrine that was published on the US Joint Chiefs of Staff’s official website earlier this month. While the sensitivity of the topic and the timing of its release are in themselves cause for discussion, the fact that the document was removed from the public domain after being up for less than a week has fueled intense speculation on whether it was made public by mistake before being abruptly redacted from the JCS website.
The Document titled ‘Joint Publication 3-72: Nuclear Operations’ (dated 11 June 2019)had been uploaded on the publicly accessible section of the JCS’s online library alongside a series of publications self-styled as outlining the fundamental principles of US military action and decision-making. It represents the first official stance on the US’s use of Nuclear Weapons in over 14 years, which either ironically or perhaps deliberately has courted similar controversy over its release much in the same way the last version of this document did back in 2005.
That was when a similar manual bearing the same title had been leaked by the Washington Post as an unapproved revision of the US Nuclear Doctrine. A year after the leak in 2006, the Pentagon had announced that it was cancelling the publication of this revision and had also removed the earlier 1995 version of this document from its website. Titled Joint Publication 3-12: Joint Nuclear Operations, this earlier version had otherwise remained in the public domain for about a decade since it was first released in 1993 and subsequently revised in 1995.
In order to add a bit of context to what they cover, these documents filed under the Department of Defense’s Joint Doctrine Publications Series comprise of a broad range of categories ranging from personnel, intelligence, operations, logistics, communications and planning. These categories are in turn further divided into specific topics outlining US Military Doctrines on a broad range of themes and subjects. For instance, Joint Publications Series Number 3 which deals specifically with US Military Operations, comprises of the US’s officially declared stance on more specific topics such as Joint Maritime Operations, Special Operations, Cybersecurity, Counterinsurgency (COIN), Counter-terrorism and Homeland Defense among a broad range of other themes and sub-topics. It was as part of these series of documents that the US’s official stance on Nuclear Operations was also published.
However, unlike the US’s officially declared doctrines on the above issues related to its more conventional war fighting capabilities, the issue of Nuclear weapons has always evoked a sense of wonderment and self-reflection outside the ‘strategic community’. In what is otherwise routine discourse for defense and strategic planners, policymakers and academicians, the very idea of discussing when and how to use nuclear weapons presents a chilling insight into one of the many threats and dangers humanity as a whole faces in today’s world.
Consequently, what the layperson sees is the cold impersonal calculus of Nuclear War, where issues such as survivability and the quick, decisive use of nuclear weaponry are instead directly equated with the end of civilization as we know it. This refers to the same kind of dystopian thinking that has been perhaps best immortalized by Kubrik’s Dr. Strangelove where even thinking of a post-nuclear or rather post-apocalyptic scenario represents nothing short of a tragic comedy. While Kubrik’s more satirical take on this sort of thinking parodies it as bordering nothing short of insanity, it still represents a highly plausible reality on which the world almost always seems to be on the brink of even today.
Thus, considering how the content of this latest US Nuclear Doctrine may be one of the most candid and ‘rationally’ justifiable iterations of such a reality, it is no surprise why many have been left shocked by what the US has officially published as its ‘way of thinking’. The doctrine’s very premise that the US considers a Nuclear war as winnable, belies a strategic mindset that has moved far beyond the deterrence value that would otherwise be enshrined in the principles of Mutually Assured Destruction. What this thinking instead represents is an overt declaration of what is known as a counter-force posture, where the US is advocating for greater flexibility and the full-scale integration of its nuclear weapons across the entire gamut of its armed forces.
For instance, the doctrine directly states that “using nuclear weapons could create conditions for decisive results and the restoration of strategic stability,” and the that the “employment of nuclear weapons can radically alter or accelerate the course of a campaign.” Building on this rationale the doctrine also advocates that the ‘integration of nuclear weapons employment with conventional and special operations forces is essential to the success of any mission or operation.’ Such an overt focus on using and integrating nuclear weapons across a broad range of operations represents a willingness and level of preparedness that has arguably been unprecedented in the history of nuclear strategy.
In one of the many quotes which each chapter of this document opens with, it is thus no surprise to find one of Herman Kahn’s most famous quotes alluding to the possibility of nuclear weapons being used in the near future. Kahn, who was a renowned US strategist with the RAND corporation, has been credited with ‘thinking the unthinkable’ contributing immensely to the development of US Nuclear Strategy during the Cold War. Ironically however, he was also one the primary real-world inspirations which Kubrick had used to create the whimsical Dr. Strangelove. Thus, while Kubrik may have depicted Dr. Strangelove as an artistic imitation of the real-life Kahn, what we have in our increasingly unnerving world today is an example of real-life imitating art instead. Something which the Pentagon might find a lot more difficult to redact as is.
Test of Babur Cruise Missile: Pakistan Strengthening its Strategic Deterrence
A month of December 2021 Pakistan successfully tested “indigenously developed” Babur cruise missile 1b. In this recent test, Pakistan enhanced the range off the Babur cruise missile 1b, although it was not revealed that how much the range was enhanced in official statement from the ISPR. But Associated Press Associated Press Pakistan has stated that now the range of the cruise missile is almost 900 kilometres which is twice the range of the previous versions of the same missile. The previous versions of the Barber cruise missile his only range of 450 kilometres. The DG Strategic Plans Division, Pakistan in his official statement states that the purpose of the test is to enhance “Pakistan’s strategic deterrence”.
Today Pakistan strategic deterrence is based on the concept of “full spectrum deterrence” which is only “India-centric”. The purpose of the Pakistan’s strategic deterrence is to bring “every Indian target” within the range of its nuclear missiles. According to the Lt. General Khalid Ahmed Kidwai, Pakistan deterrence capability must allow it to choose it from the variety of options against variety of targets. The purpose of the Pakistan’ nuclear missiles and its strategic capability are to deter threats emanating from its adversary from “sub-conventional to strategic levels”. Thus, missile development by Pakistan is based on the logic of averting conventional and strategic attacks, dynamism and cost-effectiveness vis-à-vis its nuclear adversary in the South Asia.
South Asia in last two decades witnessed the development of missile technology including cruise missiles, ICBMs and MIRVs along with simultaneous acquisition and development of missile defence systems by India. Missile defence system development and acquisition by India was based on the objective to deny the existing “mutual vulnerability” between both South Asian neighbours. Moreover, it was to achieve a “sense of security” from the threat of being attacked. Thus, to maintain the credibility of its nuclear deterrence vis-à-vis its adversary Pakistan invested in cruise missile technology. Today, Pakistan is capable of launching cruise missiles (nuclear tipped and conventional) from land, sea, submerged platforms and air. Development of cruise missile option for Pakistan was necessary response against India’s BMD development and acquisitions. In the latest saga of India’s BMD acquisition saga India is importing much hyped S-400 missile defence system, which is “considered as best available missile defence system in the market” and the first batteries of the said system is to be deployed in Indian Punjab. Although, it is said that S-400 missile defence system is effective against cruise missiles, aerial targets and UAVs other than ballistic missiles but in reality, due to the high manuverability and terrain hugging capability of cruise missiles they are highly difficult target to intercept. Ballistic missile defences despite given much hyped to are penetrable, through missiles, decoys, MIRVs and UAVs. With recent advancement in UAVs and Swarm drones technology, it is deemed favourable by many scholars that BMDs could be overwhelmed and destroyed through swarm technologies. However, though this swarm technology is highly effective but all states have not yet achieved the level of sophistication and advancement in IA to manage the swarms.
In this regard missile systems are attractive, cost-effective, advanced, précised and sophisticated enough technology against missile and air defence systems. Moreover, due to recent advancements in missile technology cruise missiles are capable of high precision striking while dodging the missile defence systems of the adversary. Thus, in this regard the Pakistan’s cruise missiles provide it the capability to hit target with precision strike without being intercepted by the adversary missile defence systems. As they fulfil the role of maintain the credibility of Pakistan’s nuclear deterrence, nuclear tipped cruise missiles are of strategic importance to Pakistan. In current situation where India is working towards upsetting the deterrence equilibrium in the region by inducting more and more sophisticated military technology, cruise missile technology of Pakistan provide it with reliable mean to maintain the deterrence equilibrium in the region.
The recent hyped about cruise missile in today’s international system are hypersonic cruise missiles or hypersonic glide vehicles. Global powers are competing to being able to deploy this technology. India is also taking part in this global race and has claimed that it has developed a “scramjet” technology. Question in this regard is that whether Pakistan would also invest in hypersonic cruise missiles or it could maintain the strategic deterrence without this.
Preventing Nuclear War in the Middle East: Science, System and “Vision”
“A scientist, whether theorist or experimenter, puts forward statements, or systems of statements, and tests them step by step.”-Karl R. Popper -The Logic of Scientific Discovery (1959)
For the moment, informed global concerns about nuclear war avoidance center on superpower crises over Ukraine. Though such existential concerns are understandable and well-founded, there are coinciding nuclear threats in other parts of the world. More precisely, because world politics must always be evaluated as a system, whatever happens in Ukraine regarding nuclear warfare matters could sometime spill over into the Middle East.
Irremediably, the specific shape or form of any such “spillover” would be difficult to decipher.
Now, a very basic query must be raised: What are the essential parameters of relevant strategic planning? Whether or not analysts care to admit it, a nuclear war in the Middle East is conceivable and more-or-less plausible.Nothing can be said about tangible probabilities because a nuclear war – any nuclear war – would represent a unique event. By definition, any nuclear conflict would be sui generis. In science and mathematics, true probabilities must be based upon the isolable frequency of pertinent past events.
Quo Vadis? By definition, no other subject of national security concern could possibly justify comparably serious examinations. This means, inter alia, that Israel’s most capable strategic thinkers and scholars are immediately responsible for ensuring that virtually every imaginable nuclear war scenario will be suitably delineated and explored. It suggests further that Israel’s strategic analyses be consistently and expressly theoretical.
Recalling philosopher of science Karl Popper’s oft-quoted line (borrowed from the classic German poet, Novalis), “Theory is a net. Only those who cast, can catch.”
A core question needs to be raised at the outset: How might Israel find itself caught up in a nuclear war? Under what identifiable circumstances could Israel discover itself involved with actual nuclear weapons use?
Presently, as Israel remains the only regional nuclear power, such concerns could appear baseless. Nonetheless, always changing “order-of-battle” considerations could change suddenly and unexpectedly, most ominously in regard to Iran. Even in the continuing absence of a regional nuclear adversary, a beleaguered Israel could find itself having to rely upon nuclear deterrence against sub-nuclear (i.e., biological and/or massive conventional) threats. Acknowledging such a potentially existential reliance, the prospect of atomic weapons firing ought never be excluded or ruled out ipso facto.
What next? To answer its most basic nuclear security questions, Jerusalem’s strategic planners will need to adhere closely to variously well-established canons of systematic inquiry, logical analysis and dialectical reasoning. Accordingly, there are four intersecting narratives that best “cover the bases” of Israel’s obligatory nuclear preparedness: Nuclear Retaliation; Nuclear Counter Retaliation; Nuclear Preemption; and Nuclear War fighting. In sufficient detail, here is what these four comprehensive scenarios could reveal to that country’s capable leaders and scholars:
(1) Nuclear Retaliation
Should an enemy state or alliance of enemy states ever launch a nuclear first-strike against Israel, Jerusalem would respond, assuredly, and to whatever extent judged possible/cost-effective, with a nuclear retaliatory strike. If enemy first-strikes were to involve certain other forms of unconventional weapons, notably high-lethality biological weapons, Israel might still launch a nuclear reprisal. This particular response would likely depend, in significant measure, on Jerusalem’s calculated expectations of follow-on aggression and its associated assessments of comparative damage-limitation.
If Israel were to absorb “only” a massive conventional attack, a nuclear retaliation could not automatically be ruled out, especially if: (a) the state aggressor(s) were perceived to hold nuclear and/or other unconventional weapons in reserve; and/or (b) Israel’s leaders believed that exclusively non-nuclear retaliations could not prevent annihilation of the state. A nuclear retaliation by Israel could be ruled out ipso facto only where enemy state aggressions were conventional, “typical” (that is, sub-existential or consistent with previous historic instances of enemy attack in degree and intent), and hard-target directed (that is, directed solely toward Israeli weapons and military infrastructures, not at “soft” civilian populations).
(2) Nuclear Counter retaliation
Should Israel feel compelled to preempt enemy state aggression with conventional weapons, the target state(s)’ response would largely determine Jerusalem’s subsequent moves. If this response were in any way nuclear, Israel would expectedly turn to nuclear counter-retaliation. If this retaliation were to involve other weapons of mass destruction, Israel might then feel pressed to take an appropriate escalatory initiative. Any such initiative would necessarily reflect the presumed need for what is formally described in strategic parlance as “escalation dominance.”
There is more. All pertinent decisions would depend upon Jerusalem’s early judgments of enemy state intent and on its accompanying calculations of essential damage-limitation. Should the enemy state response to Israel’s preemption be limited to hard-target conventional strikes, it is unlikely that Israel would move on to any nuclear counter retaliations. If, however, the enemy conventional retaliation were “all-out” and plainly directed toward Israeli civilian populations – not just at Israeli military targets – an Israeli nuclear counter retaliation could not be excluded.
It would appear that such a unique counter-retaliation could be ruled out only if the enemy state’s conventional retaliation were entirely proportionate to Israel’s preemption, confined exclusively to Israeli military targets, circumscribed by the legal limits of “military necessity” (a limit routinely codified in the law of armed conflict) and accompanied by various explicit and verifiable assurances of non-escalatory intent.
(3) Nuclear Preemption
It is prima facie implausible (perhaps generally even inconceivable) that Israel would ever decide to launch a preemptive nuclear strike. Although circumstances could arise wherein such a strike would be perfectly rational, it is unlikely that Israel would ever allow itself to reach such “all or nothing” security circumstances. Unless the relevant nuclear weapons were employed in a fashion still consistent with the authoritative laws of war, this form of preemption would represent a flagrantly serious violation of binding (codified and customary) international rules.
Even if such consistency were possible, the psychological/political impact on the world community would be negative and far-reaching. In essence, this means that an Israeli nuclear preemption could be expected only where (a) Israel’s state enemies had acquired nuclear and/or other weapons of mass destruction judged capable of annihilating the Jewish State; (b) these enemies had made it clear that their military intentions paralleled their capabilities; (c) these enemies were believed ready to begin an active “countdown to launch;” and (d) Jerusalem believed that Israeli non-nuclear preemptions could not possibly achieve needed minimum levels of damage-limitation – that is, levels consistent with physical preservation of the state and nation.
It is arguable, at least in principle, that an Israeli non-nuclear preemption could sometime represent the best way to reduce the risks of a regional nuclear war. Such an argument would flow logically from the assumption that if Israel waits too long for Iran to strike first, that enemy (once it had crossed the nuclear weapons threshold) could launch its own nuclear attacks. Even if Iran should strike first with conventional weapons only, Israel might calculate no rational damage-limiting alternatives to launching a nuclear retaliation.
To the extent that this narrative is taken as a reasonable scenario, the cost-effectiveness/legality of certain Israeli non-nuclear preemptions could be enhanced. Arguably, in these actions, Jerusalem’s preemptive commitment to “anticipatory self-defense” would be entirely law-enforcing. No such defense could be mustered on behalf of any Israeli nuclear preemption, an unprecedented attack that would (in virtually all conceivable circumstances) be in stark violation of authoritative international law. A possible exception could obtain only if Israel’s resort to a nuclear preemption were compelled by plausible expectations of national disappearance (see, in this connection, the 1996 Advisory Opinion of the International Court of Justice).
Should Israel feel compelled to resort to actual nuclear war-fighting at some point after (1) enemy reprisals for Israel’s conventional preemption cause the state to escalate to nuclear weapons, or (2) enemy chemical/biological/conventional first-strikes cause Israel to escalate to nuclear weapons, the country would confront substantial problems under international law. Should an enemy state launch nuclear first-strikes against Israel (not presently a possibility unless Pakistan is counted as an enemy state), Jerusalem’s retaliatory use of nuclear weapons would be less problematic jurisprudentially. At the same time, matters of law in such dire circumstances would become utterly moot.
(4) Nuclear War fighting
Should nuclear weapons be introduced into an actual conflict between Israel and its enemies, either by Israel or a particular foe, nuclear war fighting, at one level or another, would ensue. This would be true so long as: (a) enemy first-strikes against Israel would not destroy Jerusalem’s second-strike nuclear capability; (b) enemy retaliations for an Israeli conventional preemption would not destroy Jerusalem’s nuclear counter retaliatory capability; (c) Israeli preemptive strikes involving nuclear weapons would not destroy adversarial second-strike nuclear capabilities; and (d) Israeli retaliation for enemy conventional first-strikes would not destroy enemy nuclear counter retaliatory capability.
It follows that in order to satisfy its essential survival requirements, Israel should take immediate, recognizable and reliable steps to ensure the likelihood of (a) and (b) above and the unlikelihood of (c) and (d).
In all cases, Israel’s nuclear strategy and forces must remain oriented toward deterrence, never to actual war fighting. With this in mind, in all likelihood, Jerusalem has already taken suitable steps to reject tactical or relatively low-yield “battlefield” nuclear weapons and any operational plans for counter-force targeting. For Israel, always and without exception, nuclear weapons can make sense only for deterrence ex ante; not revenge ex post.
The four above scenarios should remind Israeli planners and policy-makers of the overriding need for coherent nuclear theory and strategy. Among other things, this need postulates a counter-value targeted nuclear retaliatory force that is recognizably secure from enemy first-strikes and presumptively capable of penetrating any enemy state’s active defenses. To best meet this imperative security expectation, the IDF would be well-advised to continue with its sea-basing (submarines) of designated portions of its nuclear deterrent force. To satisfy the equally important requirements of “penetration-capability,” Tel-Aviv will have to stay conspicuously well ahead of all foreseeable enemy air defense refinements.
There is more. Sooner rather than later, Jerusalem will need to consider a partial and possibly sequenced end to its historic policy of “deliberate nuclear ambiguity.” By selectively beginning to remove the “bomb” from Israel’s “basement,” national planners would be better positioned to enhance the credibility of their country’s nuclear deterrence posture. However counter-intuitive, the mere possession of nuclear forces could never automatically bestow credible nuclear deterrence upon Israel or on any other nation-state.
Always, something more would be necessary.
In Israel’s strategic nuclear planning, would-be aggressors, whether nuclear or non-nuclear, should be systematically encouraged to believe that Jerusalem has the required willto launch measured nuclear forces in retaliation and that these forces are sufficiently invulnerable to any-contemplated first-strike attacks. Additionally, these enemies must be made to expect that Israel’s designated nuclear forces could reliably penetrate all already-deployed ballistic-missile defenses and air defenses.
Israel, it follows from all this, could benefit substantially from releasing at least certain broad outlines of its strategic configurations, capacities and doctrines. Without a prior and well-fashioned strategic doctrine, no such release could make sufficiently persuasive deterrent sense.
Such intentionally released information could support the perceived utility and security of Israel’s nuclear retaliatory forces. Disclosed solely to enhance Israeli nuclear deterrence, it would center purposefully upon the targeting, hardening, dispersion, multiplication, basing, and yield of selected national ordnance. Under certain conditions, the credibility of Israeli nuclear deterrence could vary inversely with the perceived destructiveness of its pertinent weapons. These should never be treated as issues of “common sense.”
Among other fundamental concerns, Israel will need to prepare differently for an expectedly rational nuclear adversary than for an expectedly irrational one. In such variously nuanced and unprecedented circumstances, national decision-makers in Jerusalem would need to distinguish precisely and meaningfully between genuine enemy irrationality, pretended or feigned enemy irrationality and authentic enemy madness. In actual military practice, operationalizing such subtle distinctions could present staggeringly complex intellectual challenges and would need to take account of whether pertinent principal adversaries were (1) fully or partially sovereign states; (2) sub-national terrorist groups; or (3) “hybrid” enemies comprised of both state and sub-state foes.
Whatever nuances will be encountered in Jerusalem and Tel Aviv, the only rational way for Israel to effectively meet all these growing challenges will be to stay well ahead of its adversaries through the indispensable power of erudition and scholarship. Long ago, in classical Greece and Macedonia, the linked arts of war and deterrence were already described by military planners as challenges of “mind over mind,” not merely crude contests of “mind over matter.” For Israel, such ancient descriptions remain even more valid today.
Before Israel can successfully satisfy its most primary security and survival obligations, the country’s capable scholars must assume increasing intellectual responsibility for meeting the relevant challenges of “mind.” Most importantly, this means carrying on a coherent strategic “conversation” that goes significantly beyond usual day-to-day political commentaries or narrowly partisan observations. In the final analysis, Israel’s security situation must never be allowed to become a result of narrow political bickering between competing parties or interests. Instead, it should be allowed to emerge as the lifesaving outcome of optimally disciplined and dispassionate strategic scholarship.
There is one additional observation, a crucial one that brings the reader back to current superpower disagreements over Ukraine. Though present concern is that these disagreements could impact the prospect of a nuclear conflict in the Middle East (because world politics must always be assessed as a system), there are also variously urgent reciprocal concerns. To wit, a nuclear crisis or nuclear war in the Middle East could affect the likelihood of nuclear crisis or nuclear war between the United States and Russia over Ukraine.
Of necessity, the basis of this bold assertion is deductive argument rather than empirical generalization. Such a reasoned basis is by no means useless, deceptive or inferior. It represents the only logically acceptable basis for offering estimations of any such unique (sui generis) strategic circumstances.
Going forward, the prevention of a nuclear war in the Middle East should always be founded upon science-based scholarship and law, not on transient political factors. As a practical matter, observers are unlikely to see any propitious end to “Westphalian” international relations soon, but planners and policy-makers must still acknowledge that the “dreadful equality” of Thomas Hobbes’ “State of Nature” among individuals is also starting to characterize the relationship of certain states in world politics. More to the point, with the continued proliferation of nuclear weapons, some of the “weakest” states could become able to “kill the strongest.”
Among other things, this hitherto ignored outcome would mean that a particular state’s tangible “superiority” in nuclear weapons might not necessarily produce any proportionate increments of national security or safety.
“Realistically,” to sum up these matters concerning nuclear war avoidance in the Middle East, analysts ought to not soon expect any fundamental transformations of Realpolitik in the region. In the short term, at least, Israel’s planners and policy makers should continue to do whatever is needed and lawful to maintain the country’s critical deterrence and defense postures. At the same time, and preferably in some sorts of institutionalized cooperation with potentially nuclear adversary Iran, Jerusalem should begin to think beyond the “Westphalian” system of self-help power politics altogether. Though hard to take seriously regarding issues of international relations, the comprehensive wisdom of Federico Fellini does reasonably apply to variously complex matters of nuclear war avoidance: “The visionary,” warned the Italian film director succinctly but broadly, “is the only realist.”
 In this connection, recall the unchallengeable observation of Jesuit philosopher Pierre Teilhard de Chardin in The Phenomenon of Man: “The existence of `system’ in the world is at once obvious to every observer of nature, no matter whom….”
 For early accounts of nuclear war effects by this author, see: Louis René Beres, Apocalypse: Nuclear Catastrophe in World Politics (Chicago: University of Chicago Press, 1980); Louis René Beres, Mimicking Sisyphus: America’s Countervailing Nuclear Strategy (Lexington, Mass., Lexington Books, 1983); Louis René Beres, Reason and Realpolitik: U.S. Foreign Policy and World Order (Lexington, Mass., Lexington Books, 1984); and Louis René Beres, Security or Armageddon: Israel’s Nuclear Strategy (Lexington, Mass., Lexington Books, 1986). Most recently, by Professor Beres, see: Surviving amid Chaos: Israel’s Nuclear Strategy (New York, Rowman & Littlefield, 2016; 2nd ed. 2018). https://paw.princeton.edu/new-books/surviving-amid-chaos-israel%E2%80%99s-nuclear-strategy
 Rabbi Eleazar quoted Rabbi Hanina, who said: “Scholars build the structure of peace in the world.” See: The Babylonian Talmud, Order Zera’im, Tractate Berakoth, and IX.
 See Karl Popper, epigraph to The Logic of Scientific Discovery (1959).
 On deterring a soon-to-be nuclear Iran, see Professor Louis René Beres and General John T. Chain, “Could Israel Safely deter a Nuclear Iran? The Atlantic, August 2012; Professor Louis René Beres and General John T. Chain, “Israel; and Iran at the Eleventh Hour,” Oxford University Press (OUP Blog), February 23, 2012; and Beres/Chain: Israel: https://besacenter.org/living-iran-israels-strategic-imperative-2/ General Jack Chain (USAF) was Commander-in-Chief, U.S. Strategic Air Command (CINCSAC), from 1986 to 1991.
 The law of armed conflict requires, inter alia, that every use of force by an army or an insurgent group meet the test of “proportionality.” Drawn from the core legal principle (St. Petersburg Declaration, 1868, etc.) that “the means that can be used to injure an enemy are not unlimited,” proportionality stipulates that every resort to armed force be limited to what is necessary for meeting appropriate military objectives. This element of codified and customary international law applies to all judgments of military advantage and planned reprisals. It does not mean that each side must either suffer or create symmetrical harms. The rule of proportionality does not stipulate that a defending state must necessarily limit its use of force to the same “amount” employed by the other side. Proper determinations of proportionality need never be calculated in a geopolitical vacuum. To a limited extent, for example, such legal decisions may take into correct consideration the extent to which a particular adversary has committed prior or still-ongoing violations of the law of armed conflict.
 According to the rules of international law, every use of force must be judged twice: once with regard to the right to wage war (jus ad bellum), and once with regard to the means used in conducting war (jus in Bello). Today, acknowledging the Kellogg-Briand Pact of 1928 and the United Nations Charter of 1945, all right to aggressive war has been abolished. However, the long-standing customary right of self-defense remains, codified at Article 51 of the Charter. Similarly, subject to conformance, inter alia, with jus in Bello criteria, certain instances of humanitarian intervention and collective security operations may also be consistent with jus ad bellum. The laws of war, the rules of jus in Bello, comprise (1) laws on weapons; (2) laws on warfare; and (3) humanitarian rules. Codified primarily at The Hague and Geneva Conventions (and known thereby as the law of The Hague and the law of Geneva), these rules attempt to bring discrimination, proportionality and military necessity into belligerent calculations.
The question of preemption – any preemption – must also be confronted as alegal matter. For early writings by the present author on this matter with particular reference to Israel (a matter regarding “anticipatory self-defense” under international law), see: Louis René Beres, “Preserving the Third Temple: Israel’s Right of Anticipatory Self-Defense Under International Law,” 26 VANDERBILT JOURNAL OF TRANSNATIONAL LAW, 111 (1993); Louis Rene Beres, “After the Gulf War: Israel, Preemption and Anticipatory Self-Defense,” 13 HOUSTON JOURNAL OF INTERNATIONAL LAW 259 (1991); Louis Rene Beres, “Striking `First’: Israel’s Post-Gulf War Options Under International Law,” 14 LOYOLA OF LOS ANGELES INTERNATIONAL AND COMPARATIVE LAW JOURNAL (1991); Louis Rene Beres, “Israel and Anticipatory Self-Defense,” 8 ARIZONA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 89 (1991); Louis Rene Beres, “After the Scud Attacks: Israel, `Palestine,’ and Anticipatory Self-Defense,” 6 EMORY INTERNATIONAL LAW REVIEW 71 (1992).
 On Israeli submarine basing measures, see: Louis René Beres and (Admiral/USN/ret.) Leon “Bud” Edney, “Israel’s Nuclear Strategy: A Larger Role for Submarine-Basing,” The Jerusalem Post, August 17, 2014; also Professor Beres and Admiral Edney, “A Sea-Based Nuclear Deterrent for Israel,” Washington Times, September 5, 2014. Admiral Edney was a NATO Supreme Allied Commander (SACLANT).
 In modern philosophy, a more general highlighting of “will” is discoverable in Arthur Schopenhauer’s writings, especially The World as Will and Idea (1818). For his own inspiration (and by his own expressed acknowledgment), Schopenhauer drew freely upon Johann Wolfgang von Goethe. Later, Nietzsche drew just as freely (and perhaps far more importantly) upon Schopenhauer. Goethe also served as a core intellectual source for Spanish existentialist Jose Ortega y’ Gasset, author of the prophetic work, The Revolt of the Masses (Le Rebelion de las Masas (1930). See, accordingly, Ortega’s very grand essay, “In Search of Goethe from Within” (1932), written for Die Neue Rundschau of Berlin on the occasion of the centenary of Goethe’s death. It is reprinted in Ortega’s anthology, The Dehumanization of Art (1948) and is available from Princeton University Press (1968).
 Expressions of such decisional irrationality in world politics could take variously different forms. These sometime overlapping forms, which would have no necessary correlations with authentic madness, include a disorderly or inconsistent value system; computational errors in calculation; an incapacity to communicate efficiently; random or haphazard influences in the making or transmittal of particular decisions; and the internal dissonance generated by any structure of collective decision-making (i.e., assemblies of pertinent individuals who lack identical value systems and/or whose organizational arrangements impact their willing capacity to act as a single or unitary national decision maker)
 Recall widely-cited observation of Sigmund Freud (in his book about
America’s Woodrow Wilson): “Fools, visionaries, sufferers from delusions, neurotics and lunatics have played great roles at all times in the history of mankind , and not merely when the accident of birth had bequeathed them sovereignty. Usually , they have wreaked havocS .”
 On such madness, see Seneca, 1st Century AD/CE: “We are mad, not only individuals, but nations also. We restrain manslaughter and isolated murders, but what of war, and the so-called glory of killing whole peoples? ….Man, the gentlest of animals, is not ashamed to glory in blood-shedding, and to wage war when even the beasts are living in peace together.” (Letters, 95).
In this regard, Israel’s nuclear strategy could have tangible effects upon the United States and meaningful implications for U.S. national security. On these generally ignored but still-significant effects, see Professor Louis René Beres and (General/USA/ret.) Barry McCaffrey, ISRAEL’S NUCLEAR STRATEGY AND AMERICA’S NATIONAL SECURITY, Tel-Aviv University and Israel Institute for Strategic Studies, Tel-Aviv, December 2016: https://sectech.tau.ac.il/sites/sectech.tau.ac.il/files/PalmBeachBook.pdf
 In this connection, consider Jose Ortega y’Gasset in Man and Crisis (1958): “Science, by which I mean the entire body of knowledge about things, whether corporeal or spiritual, is as much a work of imagination as it is of observation….”
William Blackstone, the jurist upon whose work the United States owes its own basic system of law, remarks at Book 4 of his Commentaries on the Law of England: “The law of nations (international law) is always binding upon all individuals and all states. Each state is expected, perpetually, to aid and enforce the law of nations as part of the common law, by inflicting an adequate punishment upon the offenses against that universal law.”
 See: Treaty of Peace of Munster, Oct. 1648, 1 Consol. T.S. 271; and Treaty of Peace of Osnabruck, Oct. 1648, 1.Consol. T.S. 119, Together, these two treaties comprise the Peace of Westphalia. De facto, though co-existing with various patterns of collective security, “Westphalian” international law remains essentially a “vigilante” or self-help system of power management.
Though composed in the seventeenth century, Thomas Hobbes’ Leviathan still offers a still- illuminating vision of balance-of-power world politics. Says the English philosopher in Chapter XIII, “Of the Natural Condition of Mankind, as concerning their Felicity, and Misery:” “During such chaos,” a condition which Hobbes identifies as a ‘time of War,’ it is a time “…where every man is Enemy to every man… and where the life of man is solitary, poor, nasty, brutish, and short.” Hobbes believed that the condition of “nature” in world politics was less chaotic than that same condition existing among individual human beings. This owes to what he called the “dreadful equality” of individual men in nature concerning ability to kill others, but this once-relevant differentiation has now effectively disappeared with the global spread of nuclear weapons. Today, certain “weaker” states that are nonetheless nuclear could still bring “unacceptable harms” to certain “stronger” states.
 For the authoritative sources of international law, see art. 38 of the Statute of the International Court of Justice; done at San Francisco, June 26, 1945. Entered into force, Oct. 24, 1945; for the United States, Oct. 24, 1945. 59 Stat. 1031, T.S. No. 993, 3 Bevans 1153, 1976 Y.B.U.N., 1052.
 Even amid “Westphalian” geopolitics in international relations, a dominant jurisprudential assumption of solidarity obtains between all states. This fundamental assumption is already mentioned in Justinian, Corpus Juris Civilis (533 C.E.); Hugo Grotius, 2 De Jure Belli Ac Pacis Libri Tres, Ch. 20 (Francis W. Kesey, tr., Clarendon Press, 1925)(1690); and Emmerich De Vattel, 1 Le Droit Des Gens, Ch. 19 (1758).
What is driving Russia’s security concerns?
The current discussions between Russia and NATO pivot on Russia’s requirement for the Alliance to provide legally binding security guarantees: specifically, that the alliance will not expand east, which will require revoking the 2008 NATO Bucharest summit decision that Ukraine and Georgia “will become members of NATO” .
It is useful to shed some light on the underlying points which drive Russia’s deep concerns. Moscow holds that the USSR was deceived on the issue of NATO expansion. At the same time, it is recognised that it was the fault of the Soviet leadership not to acquire legally binding guarantees at that time and the fault of the Russian leadership in the 1990s not to prevent NATO expansion per se. The current acrimony is caused by numerous examples of Western leaders making promises, blurred or straightforward, not to expand NATO further.
But Russia’s proposals were not limited only to political statements. For example, in 2009 Moscow already put forward the draft of a legally binding European Security Treaty.
As to the issue of membership, it is unlikely that Moscow buys certain behind-the-scenes hints that the potential NATO membership of Ukraine is really only a rhetorical position. Often this approach is called “constructive ambiguity”. Moscow strongly believes, with good reason, that in the past all unofficial promises about the expansion of NATO were broken. Why would it believe them now?
Another fundamental point, from Russia’s point of view, is that beside the right to choose alliances, there is a crucial role for the concept of indivisible security, particularly the elements of equal security and the obligation that no country not to strengthen its own security at the expanse of the other. These principles are enshrined in the Helsinki Final Act (1975), in the Paris Charter (1990), in the NATO-Russia Founding Act (1997) and in the Charter of European Security (1999). Therefore, it should be the obligation of both sides to work out the parameters of indivisible security holistically and not to pretend that this is an invention of Moscow.
Arguably, indivisibility of security may include, for example, an obligation not to indicate the other side in military strategic concepts, doctrines, postures and planning as an enemy, rival or adversary. Among other things, it may also include an obligation to halt the development of military planning and military exercises, which designate Europe as a potentialtheatre of war between NATO and Russia. It is Pentagon, which in its official press statements indicate for example Georgia, Ukraine and Romania as “frontline states”.
A common Western argument against Russia’s current draft is that it is difficult to see how such a legally binding guarantee can be achieved when Article 10 of the North Atlantic Treaty stipulates that its parties, upon unanimous decision, can invite any other European state to join.
But to refer to Article 10 regarding the expansion of NATO after 1991 is not correct. In 1949 Article 10 of course did not envisage the open-door policy for the states that were in the Soviet bloc. After 1991 a qualitatively new situation arose. It was not Article 10 but a political decision of the United States in 1994-1995 to open a totally new chapter in the expansion. That decision was of a paramount importance.
Also, it is said that the United States is similarly unlikely to enter into a bilateral arrangement with Russia regarding NATO expansion, since this would violate Article 8 of the Treaty, whereby parties undertake not to enter into any international engagements in conflict with the Treaty.
Again, the point is not straightforward. The US de facto is the dominant member of NATO, which in most circumstances calls the shots there. According to history, when its national interests demanded, it took decisions that can be interpreted as conflicting or even undermining Article 8. For example, the security interests of the UK were clearly disregarded in 1956-1957 in the course of the Suez crisis due to the actions of the US. Or doesn’t the AUKUS run counter to the security interests of France? Or, for example, didn’t the way in which the US left Afghanistan undermine the security of some other members of NATO?
Short of the legally binding guarantee by NATO, what other options for a settlement might be satisfactory for Russia?
Russia deeply values the status of neutrality that several countries in Europe maintain. Indeed, it would be difficult to dismiss the fact that the international standing of Finland, Austria or Switzerland would have been much lower if not for their policy of neutrality. Moreover, one may say that the security of these countries is even higher than the security of some member states of NATO. So why not consider an option of neutrality, for example, for Ukraine, Moldova or Georgia, buttressed by certain international treaties like it was in the case of Austria?
Another back-up option would be to consider any further theoretical expansion of NATO on the conditions that were applied to the territory of the former German Democratic Republic—i.e. that NATO integrated troops or NATO infrastructure is not deployed on this territory.
Alternatively, a further option could be to place a moratorium on a new membership, for example for 15-20 years, which would not undermine Article 10 per se. For example, Turkey now for 16 years is a candidate-country of the European Union but nobody in the EU pretends that it can become a member in the foreseeable future.
Mutual security concerns could be met if a significant complex of agreements is approved. Firstly, agreements could be made on military-to-military communication, on military drills and exercises, and on patrols of strategic bombers.
Secondly, there could be a NATO-Russia comprehensive agreement on the basis of well-known IncSea and dangerous military activities agreements.
Thirdly, there is scope for an agreement on an obligation not to deploy in NATO members, bordering Russia, any strike systems, either nuclear or conventional.
And fourthly, in the league of its own, there could be an agreement on a Russia-NATO legally binding moratorium on the INF land-based systems, both nuclear and conventional.
Finally, on Ukraine, it is often said that Ukraine is much weaker than Russia and has no ability to launch and sustain a large-scale offensive against Russia. This misses the point.
Russia is concerned about two things. First, that there is no guarantee that sooner or later a third country would not decide to sell to or deploy in Ukraine strike systems that will endanger Russia’s security. Second, that Ukraine may attack not Russia but Donbas, like Poroshenko did in 2015, to try to solve the problem with military means and at the same time to try to involve NATO in military confrontation with Russia. This could be called a Saakashvili style of doing things.
It is unlikely that Russia will ever agree to restrain the movement of troops on its own territory, which would be quite humiliating. This would be a matter for a new CFE treaty if such a treaty is ever revived. Another question is what is considered “in proximity to the Ukrainian border”? At present, the deployment of most additional Russian troops, described by Western sources as “in proximity”, is minimum 200-300 km from the border. Does it mean that Russian troops will be prohibited from approaching its own borders in proximity, for example, of 400-500 km?
Meanwhile, on the other side there are more than 100 thousand Ukrainian troops concentrated on the contact line with Donbas, and much closer to it than the distance between the Russian troops and the Russian border. It is interesting to note that maps, which Western media these days is so fond of printing and which show locations where Russian military forces are stationed or deployed on the territory of Russia, do not have any indication of Ukrainian troops disposition. What happens if Ukrainian troops receive orders to attack Donbas akin to orders that Saakashvili gave his troops in 2008 to attack Tskhinval? It is clear that Moscow will never let Kiev take Donbas by force destroying the whole edifice of the political process based on the Minsk-2 agreements, which, importantly, in 2015 became a part of the UN Security Council Resolution. The additional Russian troops deployments are intended to deter Kiev from attacking Donbas and they are not a harbinger of “invasion of Ukraine”.
At present there are conflicting signals coming from all sides, which can be interpreted in many ways. Warmongers shout that diplomacy is a waste of time and that only muscle-flexing and even application of hard power will teach the other a lesson. Still, most top policymakers in Moscow, Washington and major European capitals seem to prefer further consultations and dialogue, both public and confidential. In the sphere of arms control in Europe and CBMs, on which there is an ample pool of expert recommendations, the US and NATO have let it be known that they are ready to talk seriously with Moscow.
The situations in the Baltic region and in the Black Sea region require urgent and lasting de-escalation. A compromise on the issue of further expansion of NATO should be reached in a way that satisfies both sides in spite of each having to make necessary concessions. A final imperative is that the US-Russia tracks on the future of strategic stability and cyber security should proceed unhindered. The P5 statement of January 2022 on preventing nuclear war and avoiding arms races needs to be followed by a P5 summit – the Russian proposal that was unanimously supported in 2020.
In summary, Western and Russian diplomats, both civil and military, need time to continue their work, which is of existential importance.
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