45Boosting NATO’s Presence in the East and Southeast, North Atlantic Treaty Org. 99 S.C. Res. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between any or all of them. 7, 2017), https://www.nato.int/cps/en/natohq/topics_50349.htm; NATO Mediterranean Dialogue, North Atlantic Treaty Organization (Feb. 13, 2015), https://www.nato.int/cps/en/natohq/topics_60021.htm?selectedLocale=en; Istanbul Cooperation Initiative (ICI), North Atlantic Treaty Org. This PDF file contains the North Atlantic Treaty, more popularly known as the Washington Treaty, signed by the 12 founding members of the Alliance, as well as the Accession Protocols for the 16 countries which have joined the Organization since 1949. L. The Keflavik Air Base is used by Allied navies for military exercises and air policing (surveillance) among other things. Press Release, European Council, Joint Declaration on EU-NATO Cooperation (July 10, 2018). They therefore agree to this North Atlantic Treaty : The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations. at 28, 33. Rather they are considered as guidelines or recommendations to Allies. 87 Brussels Summit Declaration, supra note 60. 63 Jan Techau, The Politics of 2 Percent: NATO and the Security Vacuum in Europe, Carnegie Europe (Sep. 2, 2015), https://carnegieeurope.eu/2015/09/02/politics-of-2-percent-nato-and-security-vacuum-in-europe-pub-61139. 3. The Rapid Reaction Teams tool might be seen as an example of “mutual aid.’ Id. The Enhanced Policy was further updated at the Warsaw Summit 2016, where Allies recognized cyberspace as a domain of operations, reaffirmed the principles laid down in the Enhanced Cyber Policy, and adopted the so-called ‘‘Cyber Defense Pledge.’’ 84 Press Release, NATO, Cyber Defence Pledge (July 8, 2016). 43See North Atlantic Treaty Organization (NATO), 1949, Office of the Historian, https://history.state.gov/milestones/1945-1952/nato. 95See Joint Declaration by the President of the European Council, the President of the European Commission, and the Secretary General of the North Atlantic Treaty Organization, supra note 93; Joint Declaration on EU-NATO Cooperation, supra note 94. On January 16, 1963, the North Atlantic Council noted that insofar as the former Algerian Departments of France were concerned, the relevant clauses of this Treaty had become inapplicable as from July 3, 1962. Nat’l Security J. NATO members were encouraged to immediately do what is needed to apply effectively as soon as applications open. Finally, at the Brussels Summit in 2018, Allies committed to establish a new Cyberspace Operations Centre as part of NATO’s strengthened Command Structure and called for integration of cyber sovereign national capabilities into NATO-led operations and missions. Participation in specific operations is distinguished by bars worn on the ribbons with the name of the operation. The reference to the objectives of the Treaty in Article 3 also provides the basis for NATO’s cooperation with partner nations. 1, 2 and 3 Squadrons of the NATO Airborne Early Warning and Control Force (NAEW&C Force) E-3A Component, at Geilenkirchen air base in Germany. The author is grateful to Mr. Steven Hill, NATO IS Legal Adviser and Director of NATO IS Office of Legal Affairs, as well as to Ms. Lone Kjelgaard and Mrs. Nadia Marsan, NATO Senior Assistant Legal Advisers, for their precious advice, comments, and suggestions on various legal issues examined in this commentary. Id. Mag. C-M(56)127 (Dec. 13, 1956), https://www.nato.int/cps/en/natohq/official_texts_17481.htm. 48Resilience and Article 3, North Atlantic Treaty Org. 3. Namely, the Wales Summit Declaration says that Allies will ‘‘aim’’ to hit the 2% and 20% targets by 2024. NATO-EU cooperation is carried out in accordance with the principles of transparency, openness, inclusiveness and reciprocity, and in full respect of the decision-making autonomy and procedures of both organizations without prejudice to the specific character of the security and defense policy of any member state. See Megan Eckstein, Iceland Embracing Its Strategic Location by Supporting NATO Air Defense, USNI News (Oct. 24, 2018), https://news.usni.org/2018/10/24/iceland-embracing-its-strategic-location-though-supporting-nato-air-defense-hosting-us-planes. 75 Stable and reliable energy supply, the diversification of import routes, suppliers and energy resources, and the interconnectivity of energy networks are of crucial importance, see Press Release, NATO, Warsaw Summit Communiqué, (July 9, 2016). The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promoting conditions of stability and well-being. The fourth draft further removed the words “use every” before the word “endeavour,” making it: “the Parties will endeavor . The North Atlantic Treaty Organisation, now with 30 members, was founded in 1949 to confront the threat of the communist Soviet Union, which broke up in 1991. 9, 2017), https://www.nato.int/cps/en/natohq/topics_49276.htm. 2, Apr. Participation in specific operations is distinguished by bars worn on the ribbons with the name of the operation. [NATO], Rep. of the Comm. For the purpose of Article 5, an armed attack on one or more of the Parties is deemed to include an armed attack: This Treaty does not affect, and shall not be interpreted as affecting in any way the rights and obligations under the Charter of the Parties which are members of the United Nations, or the primary responsibility of the Security Council for the maintenance of international peace and security. In order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, … In plain language, resilience might be defined as capacity to recover and to bounce back after a crisis or disruption, see. Hence, they replaced the term “aggression” with the term “armed attack.” 38Id. 60 Press Release, NATO, Brussels Summit Declaration, (July 11, 2018). 65Id. 41 Interpretative Minute of the 18th Meeting of the Washington Exploratory Talks on Security on 15 March 1949. 101See What we Do, OSCE, https://www.osce.org/what-we-do. against armed attack through “continuous and effective self-help and mutual aid.” 40 North Atlantic Treaty, supra note 2, art. Inter-American Treaty on Reciprocal Assistance, Sept. 2, 1947, 21 U.N.T.S. To such an end, on May 5, 1956, the North Atlantic Council established the Committee of the Three. Instead, collaboration within NATO framework would be complementary to the activities and work of international organizations. 92 It is indeed important to emphasize that the Washington Treaty aims for preservation of peace and security worldwide, not only within the North Atlantic area. Article 5 is the principle that an attack on one member of NATO is an attack on all members. By 2018, only eight Allies met the 2% target, 58 Ryan Heath, 8 NATO Countries to hit Defense Spending, Politico (May 7, 2018), https://www.politico.eu/article/nato-jens-stoltenberg-donald-trump-8-countries-to-hit-defense-spending-target/. The United States felt that the provision, if adopted, would have given the impression that the Alliance was supposed to undertake concrete measures in the fields of cultural, social and economic collaboration. L, North Atlantic Treaty, 81st Cong., 1st Sess. 7, 2016), https://www.nato.int/cps/en/natolive/topics_69332.htm. Resilient energy, 75 Stable and reliable energy supply, the diversification of import routes, suppliers and energy resources, and the interconnectivity of energy networks are of crucial importance, see Press Release, NATO, Warsaw Summit Communiqué, (July 9, 2016). 8, 2017) https://www.nato.int/cps/en/natohq/news_142025.htm?selectedLocale=en. 8 Report of the Committee on Foreign Relations on Exec. 63 Jan Techau, The Politics of 2 Percent: NATO and the Security Vacuum in Europe, Carnegie Europe (Sep. 2, 2015), https://carnegieeurope.eu/2015/09/02/politics-of-2-percent-nato-and-security-vacuum-in-europe-pub-61139. By developing and maintaining “capacity to resist armed attack,” an Ally does not only diminish the likelihood of being a victim of armed attack—the concept of deterrence—but it also increases its ability to adequately respond to an actual armed attack. NICP provides a framework for engagement of NATO and industry/private sector in the field of cyber defense of NATO-owned networks. 7Id. 3. Yet, the language used in NATO Summit Declarations might sometimes indicate otherwise. The very first STANAGs recognized the importance of a common language for interoperability purposes. Finally, and most importantly in the context of resilience, it underlined that while NATO’s core task in the area of cyber defense is to protect its own networks 81 The NATO Communications and Information Agency is entrusted with the protection of NATO’s networks. Economic collaboration was introduced into Article 2 by Canada. Exercises enable Allies to develop best practices and to identify fields for improvement. At the same time, NATO has been urging EU to act complementarily to NATO activities and to avoid duplication of efforts. L, North Atlantic Treaty, 81st Cong., 1st Sess. Interoperability is pursued mainly through standardization, exercises, training, tests, trials, missions, partnerships and cooperation with industry. 29, 1949) (copy on file with the author) [hereinafter The Drafting of the Treaty]. 76Resilience and Article 3, supra note 48. Nato’s Secret Armies: Operation Gladio and Terrorism in Western Europe, Daniele Ganser, Franck Cass (2004). The standardization process plays a key role in the field of interoperability. 7, 2016), https://www.nato.int/cps/en/natolive/topics_69332.htm. STANAGs address a variety of subjects, such as the use of language in joint Allied operations, 67 The very first STANAGs recognized the importance of a common language for interoperability purposes. Mag. 68Backgrounder-Interoperability for Joint Operations, North Atlantic Treaty Organization (July 2006), https://www.nato.int/nato_static_fl2014/assets/pdf/pdf_publications/20120116_interoperability-en.pdf. NATO and its Allies indeed share common objectives and values with the mentioned organizations, such as preservation of international peace and security and respect for human rights, freedom, democracy, and stability. (3). (June 6, 2017), https://www.nato.int/cps/em/natohq/topics_84112.htm. Allies envisaged that NATO’s role would be to assist and facilitate the process of enhancing civil preparedness of Allies. Article 3 calls on Allies to build resilience 39 In plain language, resilience might be defined as capacity to recover and to bounce back after a crisis or disruption, see Definition of Reslience, Merriam-Webster (2019), https://www.merriam-webster.com/dictionary/resilience. 37Id. In NATO’s Article 3, the member states commit to ‘continuous and effective self-help and mutual aid, [and] will maintain and develop their individual and collective capacity to resist armed attack’. The Center for Professional Development & Career Strategy offers unique programs and services tailored to the needs of individual students and alumni. Therefore, it seems possible to argue that the concrete defense spending pledge is of political, rather than legal nature. Peace is founded on justice and moral order. The European Union (EU) and the North Atlantic Treaty Organisation (NATO) are two main treaty-based Western organisations for cooperation between member states, both headquartered in Brussels, Belgium.Their natures are different and they operate in different spheres: NATO is a purely intergovernmental organisation functioning as a military alliance whose primary task is to implement article … 62 Wales Summit Declaration, supra note 57. Consultancy 1, 3–4 (2018). Mug shots taken of the “NATO 3” after their arrests (From Left to Right: Brian Church, Brent Betterly, Jared Chase The Government of the United States of America will inform each of the Parties of the deposit of each such instrument of accession. The NATO Communications and Information Agency is entrusted with the protection of NATO’s networks. (Jun. Duly certified copies will be transmitted by that Government to the Governments of other signatories. These systems can be attacked by anyone from anywhere, and at any moment by cyber means. Report of the Committee on Foreign Relations on Exec. Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. (Mar. 243. 2 North Atlantic Treaty art. ¶ 72. Fair burden-sharing has been at the heart of the Alliance since the beginning and came to prominence even more in the post-Cold War period, which marked a significant decline of the majority of European defense budgets. It is a common misconception that NATO involvement in Afghanistan was a result of Article 5's invocation. 7, 2017), https://www.nato.int/cps/en/natohq/topics_50349.htm; NATO Mediterranean Dialogue, North Atlantic Treaty Organization (Feb. 13, 2015), https://www.nato.int/cps/en/natohq/topics_60021.htm?selectedLocale=en; Istanbul Cooperation Initiative (ICI), North Atlantic Treaty Org. In such cases, dialogue among national and NATO legal advisers helps to clarify the different legal views of different Allies and may lead to a more uniform or common legal understanding or legal regime. In other words, operability seeks to enable effective cooperation among Allies, to achieve, for example, maximum use of existing resources, to avoid their duplication, and most importantly to overcome differences among Allies in military equipment, communication systems, military procedures and tactics and legal regulations. 6See generally Rio Treaty, supra note 5. In the “Commitment To Enhance Resilience” adopted during the Warsaw Summit 2016, Allies pledged to strengthen their civil preparedness and affirmed that civil preparedness is a national responsibility. 3. The present essay presents a commentary on Articles 2 and 3 of the Washington Treaty. It commended Allies to maintain healthy economies and to promote international trade. See NATO Communications and Information Agency (NCI Agency), North Atlantic Treaty Organization (Apr. . Mag. NATO can also assist partner countries in the process of developing their capability, as well as their defense and security institutions. The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area. In recent years EU has shown intention to develop an integrated defense policy and a potential EU army. By 2015, it was spending just $4.6 billion, but that still managed to push it over the NATO threshold. 58 Ryan Heath, 8 NATO Countries to hit Defense Spending, Politico (May 7, 2018), https://www.politico.eu/article/nato-jens-stoltenberg-donald-trump-8-countries-to-hit-defense-spending-target/. The report called on Allies to take into account the views of other Allies when adopting national policies. 16Id. 18Id. . 83 Wales Summit Declaration, supra note 57. NATO’s interoperability policy defines the notion as ‘‘the ability of Allies to act together coherently, effectively and efficiently to achieve tactical, operational and strategic objectives.’’ … It is estimated that around 90% of the NATO supplies and equipment is transported by private companies and approximately 75% of the support given by eastern Allies to NATO forces deployed on their territories is provided through contracts with private companies. It also affirmed that international law as a whole applies to cyber space and that cyber defense falls under NATO’s mandate of collective self-defense. (June 25, 2018), https://www.nato.int/cps/en/natohq/topics_132722.htm. In order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid, will maintain and develop their individual and collective capacity to resist armed attack. 45Boosting NATO’s Presence in the East and Southeast, North Atlantic Treaty Org. Apart from Iceland, it is true that all Allies indeed maintain armed forces and military equipment, whose strength and status are regularly discussed in the context of a broader “fair burden-sharing” debate. Cooperation is carried out in accordance with the principles of mutual benefit, reciprocity and respect. C-M(56)127, ¶¶ 51, 57 (Dec. 1956), https://www.nato.int/cps/en/natohq/official_texts_17481.htm. Id. Id. 2, Apr. 71See generally Marten Zwanenburg, International Humanitarian Law Interoperability in Multinational Operations, 95 Int’l Rev. Press Release, NATO, Cyber Defence Pledge (July 8, 2016). on Non-Military Cooperation in NATO, ¶ 61, NATO Doc. The Brussels and Rio Treaties preceded the Washington Treaty, they established the Western Union and the Organisation of American States, respectively, and they both provided for a collective defense arrangement. Last but not least, NATO cherishes cooperation with the OSCE. 100Relations with the United Nations, supra note 98; see also Updated Joint Declaration on UN-NATO, NATO (Oct. 31, 2018), https://www.nato.int/cps/en/natohq/official_texts_160004.htm. Consequently, in the third draft the opening sentence attained its current form: “In order to more effectively to achieve the objectives of this Treaty.…” 33Id. Military capacity is definitely one of the strong components of national resilience. 95See Joint Declaration by the President of the European Council, the President of the European Commission, and the Secretary General of the North Atlantic Treaty Organization, supra note 93; Joint Declaration on EU-NATO Cooperation, supra note 94. Interpretative Minute of the 18th Meeting of the Washington Exploratory Talks on Security on 15 March 1949. 4, 1949, 63 Stat. on the forces, vessels, or aircraft of any of the Parties, when in or over these territories or any other area in Europe in which occupation forces of any of the Parties were stationed on the date when the Treaty entered into force or the Mediterranean Sea or the North Atlantic area north of the Tropic of Cancer. L, supra note 8, at 9–10. In the past, the infrastructure—railways, ports, airfields, grids, airspace, etc.—was mainly state-owned and consequently easily available to the state or NATO armed forces in a crisis. 9 Brussels Treaty, supra note 5. 97 Jens Stoltenberg, Secretary General, NATO, Doorstep Statement prior to the European Union Foreign Affairs Council Meeting (Nov. 20, 2018) (on file with NATO). and for its financial and civilian contributions to NATO-led missions in the Balkans and Afghanistan. For example, good infrastructure enables a high level of mobility of the military personnel and military equipment. The North Atlantic Treaty Organization (NATO) is an alliance of 28 countries that border the North Atlantic Ocean. Nat’l Security J.l 121, 133 (2018). The Rapid Reaction Teams tool might be seen as an example of “mutual aid.’ Id. We work hard to help our students feel welcome and valued for their unique skills and perspectives. In this respect, interoperability is another very important capability envisioned under Article 3 of the Washington Treaty. NATO leaders are gathering in London to mark the alliance's 70th anniversary. 51. 3 NATO, North Atlantic Pact: The Drafting of the Treaty, PACT D-6/1, 8 (Mar. 50 North Atlantic Treaty, supra note 2, art. 12The Drafting of the Treaty, supra note 3, at 9. 20Report of the Committee of Three, North Atlantic Treaty Org., (Oct. 5, 2017), https://www.nato.int/cps/en/natohq/topics_65237.htm. 84 Press Release, NATO, Cyber Defence Pledge (July 8, 2016). 70 Backgrounder-Interoperability for Joint Operations, supra note 68. While on one hand internet and other technologies contribute to the better functioning of military assets and infrastructure, they at the same time put the same assets and infrastructure at greater risk of cyber-related intrusions, such as unauthorized access and stealing of data, introduction of malware and direct malicious attacks to systems and networks. ; The Drafting of the Treaty, supra note 3, at 10–11. Id. Different partnership programmes, such as Partnership for Peace Programme, Mediterranean Dialogue and Istanbul Cooperation Initiative, inter alia, aim at enabling partner nations to act jointly with NATO-led forces. Nat’l Security J. NATO is adapting to security threats in cyberspace despite vulnerabilities exploited in the COVID-19 pandemic, Deputy Secretary Mircea Geoana said on Monday. Nevertheless, failing to do so does not necessarily put the Ally in violation of Article 3 of the Washington Treaty if the Ally contributes to its resilience and resilience of the Alliance in other forms as it has been described before. Also, partner nations gain access to NATO education courses, trainings, and exercises. 94 Press Release, European Counsel, Joint Declaration on EU-NATO Cooperation (July 10, 2018). The first draft called for an “individual and collective effort, on the basis of continuous and effective self-help and mutual aid to strengthen the individual and collective capacity of the Parties to resist aggression.” 28The Drafting of the Treaty, supra note 3, at 10. While Article 5 of the Washington Treaty has been invoked only once in the entire history of the Alliance, Article 2 and 3 of the Washington Treaty on the other hand provide the basis for regular, and even daily activities of NATO and its Allies, including political and scientific collaboration, missions, exercises and strengthening of cyber defense capabilities. 304 [hereinafter Brussels Treaty]. 51 The Keflavik Air Base is used by Allied navies for military exercises and air policing (surveillance) among other things. 50 North Atlantic Treaty, supra note 2, art. A large number of systems used on or by ships, aircrafts, submarines and unmanned vehicles, such as mechanical and electrical systems, weapons and navigations systems, aviation systems, and control systems are in one way or another connected to the internet. maintain and develop . See NATO Standardization Office, North Atlantic Treaty Organization (June 9, 2017), https://www.nato.int/cps/en/natohq/topics_124879.htm. For example, the State Parties to the Rio Treaty considered: That the obligation of mutual assistance and common defense of the American Republics is essentially related to their democratic ideals and to their will to cooperate permanently in the fulfillment of the principles and purposes of a policy of peace . Article 3 provides also the basis for NATO’s cooperation with industry, international organizations, and partner nations. Le texte de ce livre est disponible … Press Release, NATO, Commitment to Enhance Resilience (July 8, 2016). Updated July 3, 2018 Download the Report The Trump Administration has adopted an "America First" strategy, and taken aggressive stands on NATO burden sharing, trade, the JCPOA nuclear agreement with Iran, and the treatment of refugees that have led many in Europe to question its support for NATO and the Transatlantic Alliance. 80See id. 64Interoperability: Connecting NATO Forces, North Atlantic Treaty Org. But see Federico Fabbrini, Do NATO Obligations Trump European Budgetary Constraints?, 9 Harv. 53 See Alexander Mattelaer, US Leadership and NATO: Revisiting the Principles of NATO Burden-Sharing, 46 Parameters 25, 25 (2016). Throughout the years, Allies have devoted a lot of attention to civil preparedness. In addition, the report also advocated for submission of disputes involving Allies to NATO’s consideration before resorting to other international dispute settlement mechanisms. 101See What we Do, OSCE, https://www.osce.org/what-we-do. .’’ 57 Press Release, NATO, Wales Summit Declaration (Sept. 5, 2014). When it comes to meeting the 20% target, the picture is much better as twenty-four Allies plan to meet the target by 2024. 66Id. They are resolved to unite their efforts for collective defence and for the preservation of peace and security. 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