Britain will violate its nuclear disarmament obligations if Labour presses ahead with the £1bn purchase of 12 F-35A fighter jets, according to a specialist legal opinion prepared on behalf of the Campaign for Nuclear Disarmament (CND).
Two international lawyers argue that the government’s plan to reintroduce air-launched nuclear weapons for the RAF will break a key provision of the nuclear non-proliferation treaty (NPT) signed by the UK and 190 other countries.
Prof Christine Chinkin and Dr Louise Arimatsu from the London School of Economics argued that the UK would be in breach of article six of the treaty, and they accused ministers of hypocritical behaviour in broadening the country’s nuclear capabilities.
In a piece published before the start of Labour’s annual conference, the authors wrote: “The decision of the UK to purchase F-35A fighter jets rather than any other model is precisely because the aircraft can ‘deliver both conventional and nuclear weapons’ and thereby enable the RAF to reacquire ‘a nuclear role for the first time since 1998’.
“Reinstating a nuclear role for the RAF represents a reversal of the UK’s long-term commitment to nuclear disarmament, including under the NPT.”
Article six of the non-proliferation treaty commits the signatories “to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament” as well as to a future treaty “on general and complete disarmament”.
Though the lawyers’ conclusions are not necessarily surprising given they were working on behalf of CND, they highlight a growing contradiction between international treaty commitments and a creeping global nuclear rearmament.
Keir Starmer announced at a Nato summit in June that the UK would buy 12 F-35As with the intention of joining the alliance’s “nuclear mission”. US B61-12 nuclear bombs now stored at RAF Lakenheath in Suffolk would be made available for use by the British jets in the event of a major war.
Four years ago the UK said it would lift the cap on the number of warheads it could stockpile by 40% to 260 for its existing nuclear deterrent, the submarine-launched Trident system. It was the first time the UK had said it would increase its nuclear capability since the end of the cold war.
Sophie Bolt, the CND general secretary, accused the government of “yet another breach of international law” and of “escalating nuclear dangers in the world”. She called on MPs to discuss the UK’s nuclear intentions, arguing that the F-35A purchase plan had been announced “without parliamentary debate or scrutiny”.
The Ministry of Defence said the investment in 12 new F-35A aircraft would improve the UK’s national security. “The UK remains committed to the goal of a world without nuclear weapons and upholds all our obligations under the nuclear non-proliferation treaty,” a spokesperson said.
Other countries are also rearming and redeploying nuclear weapons as tensions rise. The US moved B61-12 bombs to Lakenheath in July, while Russia has said it has moved nuclear missiles to Belarus. China is increasing its arsenal by 100 warheads a year and plans to reach 1,500 by 2035, according to the Stockholm Peace Research Institute.
The nuclear non-proliferation treaty came into force in 1970 with article six a core component and has been signed by the world’s largest nuclear powers – the US, Russia, China and France. A handful of countries with nuclear programmes – Israel, India, Pakistan – never signed up, and North Korea pulled out in 2003.
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