The unprecedented threat posed by terrorists and rogue states armed with weapons of mass destruction cannot be handled by an outdated and poorly enforced nonproliferation regime. The international community has a duty to prevent security disasters as well as humanitarian ones -- even at the price of violating sovereignty.
Lee Feinstein is Acting Director of the Washington Program of the Council on Foreign Relations. Anne-Marie Slaughter is Dean of the Woodrow Wilson School of Public and International Affairs at Princeton University and President of the American Society of International Law.
DISARMING ROGUES
The Bush administration has proclaimed a doctrine of unilateral preemption as a core part of its National Security Strategy. The limits of this approach are demonstrated daily in Iraq, where the United States is bearing the burden for security, reconstruction, and reform essentially on its own. Yet the world cannot afford to look the other way when faced with the prospect, as in Iraq, of a brutal ruler acquiring nuclear weapons or other weapons of mass destruction (WMD). Addressing this danger requires a different strategy, one that maximizes the chances of early and effective collective action. In this regard, and in comparison to the changes that are taking place in the area of intervention for the purposes of humanitarian protection, the biggest problem with the Bush preemption strategy may be that it does not go far enough.
In the name of protecting state sovereignty, international law traditionally prohibited states from intervening in one another's affairs, with military force or otherwise. But members of the human rights and humanitarian protection communities came to realize that, in light of the humanitarian catastrophes of the 1990s, from famine to genocide to ethnic cleansing, those principles will not do. The world could no longer sit and wait, reacting only when a crisis caused massive human suffering or spilled across borders, posing more conventional threats to international peace and security. As a result, in late 2001, an international commission of legal practitioners and scholars, responding to a challenge from the UN secretary-general, proposed a new doctrine, which they called "The Responsibility to Protect." This far-reaching principle holds that today un member states have a responsibility to protect the lives, liberty, and basic human rights of their citizens, and that if they fail or are unable to carry it out, the international community has a responsibility to step in.
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Of all the emotions arising from strategic arms control today, the most profound is disappointment. In this, as in little else in the vast realm of arms control, conservatives and liberals concur--conservatives for the failure of arms control to diminish the ever more ominous Soviet strategic buildup, liberals for its failure to diminish the ever more wasteful strategic "arms race."
The reelection of Ronald Reagan makes the future of his Strategic Defense Initiative the most important question of nuclear arms competition and arms control on the national agenda since 1972. The President is strongly committed to this program, and senior officials, including Secretary of Defense Caspar W. Weinberger, have made it clear that he plans to intensify this effort in his second term. Sharing the gravest reservations about this undertaking, and believing that unless it is radically constrained during the next four years it will bring vast new costs and dangers to our country and to mankind, we think it urgent to offer an assessment of the nature and hazards of this initiative, to call for the closest vigilance by Congress and the public, and even to invite the victorious President to reconsider. While we write only after obtaining the best technical advice we could find, our central concerns are political. We believe the President_s initiative to be a classic case of good intentions that will have bad results because they do not respect reality.
The issues of strategic arms control are complex in their technical details, but they nonetheless revolve around a reasonably simple central problem. The United States is primarily interested in reducing the level of strategic force deployments in order to alleviate a perceived threat to the U.S. intercontinental ballistic missile forces and a politically sensitive imbalance in weapons deployed in Europe. The Soviet Union is primarily interested in restricting the process of technical improvement in order to alleviate what it perceives as an emerging threat to Soviet ICBMs and ultimately to the entire structure of Soviet military forces. With the United States committed to revising the past and the Soviet Union to shaping the future, viable compromise requires arrangements that do both. The issues are too extensive and the underlying hostility too great to allow an immediate, comprehensive solution. Thus, compromise must be achieved through a series of partial measures, each of which balances force reductions and modernization restrictions.

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