61 Federico Fabbrini, Do NATO Obligations Trump European Budgetary Constraints?, 9 Harv. pmbl. Specifically, the earlier draft referred to “efforts between any or all of the Parties to promote the general welfare through collaboration in the economic, social and cultural fields.” 10The Drafting of the Treaty, supra note 3 at 8. 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. Id. 3. 55Id. The instruments of ratification shall be deposited as soon as possible with the Government of the United States of America, which will notify all the other signatories of each deposit. 106 Brussels Summit Declaration, supra note 60. 50 North Atlantic Treaty, supra note 2, art. Press Release, NATO, Wales Summit Declaration (Sept. 5, 2014). Defense spending by NATO’s European members hit a five-year high last year, as measured by a proportion of GDP, but still only six countries, plus the United States, met a U.S.-driven target of spending 2 percent of economic output on defense, according to the alliance’s latest annual report released Thursday.. Approximately 1.4 billion dollars were given to European Allies with the aim of boosting their military capacities. 26Id. Peace is founded on justice and moral order. Our faculty are renowned for their innovative and dynamic teaching, and they are widely published in leading law reviews, books, and textbooks. From a legal perspective, the question that is posed is whether a breach of the 2% and 20% targets by 2024 will have any implications for the non-compliant Allies. 37Id. Does the term imply that an Ally needs to be in a position to defend itself and to repel an armed attack on its own, or does it mean that an Ally needs to be strong enough to be able to hold off an enemy until the rest of the Alliance can come to its assistance? Mag. Participation in specific operations is distinguished by bars worn on the ribbons with the name of the operation. The report was presented and endorsed at the North Atlantic Council on December 13, 1956. 8 Report of the Committee on Foreign Relations on Exec. 41 Interpretative Minute of the 18th Meeting of the Washington Exploratory Talks on Security on 15 March 1949. Id. 88 NATO, Framework for NATO Industry Engagement ¶ 8.1 (2013). Economic collaboration was introduced into Article 2 by Canada. Each Party declares that none of the international engagements now in force between it and any other of the Parties or any third State is in conflict with the provisions of this Treaty, and undertakes not to enter into any international engagement in conflict with this Treaty. Following the advice given by the “Three Wise Men,” Allies established the NATO Science Programme, which provided a platform for the scientific research collaboration and exchange of scientific resources. 8, 2017) https://www.nato.int/cps/en/natohq/news_142025.htm?selectedLocale=en. Long before NATO set up cooperation with the EU, NATO already had in place an effective cooperation with the U.N. 51. Hence, they replaced the term “aggression” with the term “armed attack.” 38Id. With regard to political collaboration, the report urged Allies to consult among themselves on any political issues significantly affecting the Alliance or any issues of interest to the Alliance. Nat’l Security J.l 121, 133 (2018). One can also note that Article 3 does not set out the exact level of national capacity required “to resist armed attack.” The founding Allies envisaged that the level of national capacity required would be the subject of regular assessment taking into account the likelihood of a potential aggression, the strength of a potential aggressor, the prevailing general security situation, and the capacity of the U.N. to safeguard peace and security in the North Atlantic area and outside of it. All in all, by cherishing the values of a free, prosperous, and progressive society, the Washington Treaty was also conceived as a strong antipode to communism. (Nov. 18, 2011), https://www.nato.int/cps/en/natohq/topics_58787.htm?selectedLocale=en; Euro-Atlantic Partnership Council, North Atlantic Treaty Org. In the two declarations, NATO and EU pledged to strengthen cooperation in the following areas: countering hybrid threats, operational cooperation at sea and on migration, cyber security and defense, defense capabilities, defense industry and research, exercises and supporting Eastern and Southern partners’ capacity-building efforts. 89Id. In the scientific field the report discussed the important role of technology and science for the Alliance and for peace and security in general. 6See generally Rio Treaty, supra note 5. One of the crucial points that the commentary makes clear is that developing resilience goes beyond military capacity, to include also civil readiness, cyber defense, economic strength and morale. 243. In that regard, European Allies have been criticized for neglecting and not investing in their military capabilities, and for being consequently overly reliant on the United States. 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. 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. It is a common misconception that NATO involvement in Afghanistan was a result of Article 5's invocation. 67 The very first STANAGs recognized the importance of a common language for interoperability purposes. When it became evident that Joe Biden had won the U.S. presidency, European officials, NATO bureaucrats, Eurocratic elites, and most other Europeans collectively exhaled in relief. 94 Press Release, European Counsel, Joint Declaration on EU-NATO Cooperation (July 10, 2018). It is complementarily to Article 5 of the Washington Treaty by urging each Ally to develop its national resilience and contribute to the resilience of the Alliance as a whole against an armed attack. 23Report of the Committee of Three, supra note 20. The Parties to this Treaty reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments. 69Interoperability: Connecting NATO Forces, supra note 64. And that was without ever carrying out an attack. Partner countries engage in and contribute to NATO-led operations. Report of the Committee on Foreign Relations on Exec. ¶ 64. Accordingly, each Ally needs to do its best for its own resilience—national resilence—and contribute in any other way to the resilience of other Allies. 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. 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). In order to clarify this and other issues concerning the interpretation of the Washington Treaty, the founding Allies—Belgium, Canada, Denmark, France, Luxembourg, the Netherlands, Norway, the United Kingdom and the United States—adopted informal and non-binding interpretative minutes to the Washington Treaty, which contained, inter alia, a definition of the term “Mutual Aid.” 41 Interpretative Minute of the 18th Meeting of the Washington Exploratory Talks on Security on 15 March 1949. 103Id. Ability to make decisions, communicate and enforce them in a crisis. 10The Drafting of the Treaty, supra note 3 at 8. 56See id. 5Id. (Jan. 21, 2019), https://www.nato.int/cps/en/natohq/topics_136388.htm?selectedLocale=en. 104See North Atlantic Treaty, supra note 2, art. Last but not least, NATO cherishes cooperation with the OSCE. In recent years EU has shown intention to develop an integrated defense policy and a potential EU army. In this respect, they laid down the common standards for English and French language proficiency. 13 Jamie Shea, What can we Learn Today from the ‘Three Wise Men’?, NATO Rev. ; The Drafting of the Treaty, supra note 3, at 10–11. 77 Ralph D. Thiele, Game Changer: Cyber Security in the Naval Domain, 530 Inst. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security . 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. 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. Articles 2 and 3 of the Washington Treaty clearly demonstrate that NATO is much more than the famous article 5 that provides for collective self-defense against armed attack. Id. Through cooperation with partner nations NATO contributes to security and stability outside the Alliance, which in turn has positive effects on the security and stability of the Alliance and on Allies themselves—projecting stability doctrine. 79Id. 98Relations with the United Nations, North Atlantic Treaty Org. They are determined to safeguard the freedom, common heritage and civilisation of their peoples, founded on the principles of democracy, individual liberty and the rule of law. Public opposition to joining NATO declined by 3 percentage points to 35%, the lowest level since at least December 2014, according to a poll conducted last month by … 76Resilience and Article 3, supra note 48. NATO is adapting to security threats in cyberspace despite vulnerabilities exploited in the COVID-19 pandemic, Deputy Secretary Mircea Geoana said on Monday. Taking into account that NATO embodies military cooperation among Allies, Allies should not make sure only to have well-equipped and operational armed forces but also, they have to ensure that they are interoperable among them. . The standardization process plays a key role in the field of interoperability. Strategic Pol. They enable close consultations between NATO and partner nations on regional security matters, and they shape common crisis-prevention approaches. Econ. 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. The commentary contains an outline of the drafting history, implementation and textual legal analysis of both Article 2 and 3, and posits that NATO is much more than a purely military organization focused only on Article 5 of the Washington Treaty—collective defense against armed attack. In other words, are NATO Summit Declarations and the 2% and 20% targets legally binding on Allies? With regard to missions, Allies have strengthened and tested their interoperability in missions in the Balkans, Libya, the Mediterranean, and Afghanistan. The absence of free institutions in certain parts of the world led the Allies to commit to strengthening their free institutions and to pay continuous attention to that aspect, whereas the reference to “better understanding of the principles upon which these institutions are founded’’ denotes the important role of public opinion within and outside the Alliance. 50 North Atlantic Treaty, supra note 2, art. See NATO Communications and Information Agency (NCI Agency), North Atlantic Treaty Organization (Apr. Id. As for Article 3 of the Washington Treaty, it can be considered one of the most important articles of the Washington Treaty, if not the most important one. In order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, … The aircraft were operated by Nos. To such an end, on May 5, 1956, the North Atlantic Council established the Committee of the Three. 2, Apr. Allies envisaged that NATO’s role would be to assist and facilitate the process of enhancing civil preparedness of Allies. 17Id. 2241, 34 U.N.T.S. (Mar. 60 Press Release, NATO, Brussels Summit Declaration, (July 11, 2018). 21 N. Atlantic Treaty Org. ¶ 72. Mag. Nat’l Security J.l 121, 133 (2018). 3. 243. In this respect, interoperability is another very important capability envisioned under Article 3 of the Washington Treaty. (1949) at 10. It enables sharing of information and expertise on cyber defense, developing best practices, improving understanding of cyber risks, and improving NATO’s cyber defense education, training, exercises. NATO Standardization Agreements (STANAGs) seek to provide uniform procedures and equipment between NATO member states. 90See Wales Summit Declaration, supra note 57. 94 Press Release, European Counsel, Joint Declaration on EU-NATO Cooperation (July 10, 2018). United Kingdom – 2.21 percent of GDP spent on defense. †This commentary is written in author’s personal capacity and may not reflect agreed upon policy or views of the NATO International Staff or the North Atlantic Treaty Organization. L. The Keflavik Air Base is used by Allied navies for military exercises and air policing (surveillance) among other things. No. 60 Press Release, NATO, Brussels Summit Declaration, (July 11, 2018). These systems can be attacked by anyone from anywhere, and at any moment by cyber means. 66Id. Therefore, it is not only legitimate, but also logical and imperative for NATO to engage in this sort of cooperation. 13 Jamie Shea, What can we Learn Today from the ‘Three Wise Men’?, NATO Rev. 54See id. 53 See Alexander Mattelaer, US Leadership and NATO: Revisiting the Principles of NATO Burden-Sharing, 46 Parameters 25, 25 (2016). 85Id. Interpretative Minute of the 18th Meeting of the Washington Exploratory Talks on Security on 15 March 1949. Through the Cyber Defence Pledge, Allies committed to strengthen cyber defense of national networks and infrastructure in line with Article 3 of the Washington Treaty. The NATO Communications and Information Agency is entrusted with the protection of NATO’s networks. Moreover, it makes itself capable of receiving assistance from other Allies and providing assistance to other Allies. pmbl. See North Atlantic Treaty, supra note 2. In 1958, the NATO Science Programme turned into NATO Science for Peace and Security, which provided further possibilities for scientific collaboration among Allies as well as with partner nations. at 10–11. Article 3 provides also the basis for NATO’s cooperation with industry, international organizations, and partner nations. 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