As the U.N. Charter spoke of the “inherent right of individual or collective self-defence against armed attack,” and since the Washington Treaty holds a reference to the U.N. Charter’s right of collective self-defence, the founding Allies decided to follow the language in the U.N. Charter. 18Id. 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 report of the “Three Wise Men” was a revolutionary document as it decisively reaffirmed the non-military nature of the otherwise military Alliance by establishing the basis for political, scientific, economic and technological collaboration within the Alliance. There can be no straightforward answer to that question since much will depend on the circumstances of a concrete case. The second draft read: “In order to better assure the security of the North Atlantic area, the parties will use every endeavor, separately and jointly, by means of continuous and effective self-help and mutual aid, to strengthen their individual and collective capacity to resist aggression.” 31Id. 9, 2017), https://www.nato.int/cps/en/natohq/topics_49276.htm. Rose Gottemoeller, a former deputy secretary-general of NATO, is Payne distinguished lecturer at Stanford University. Econ. 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. 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. Emory Law offers an outstanding legal education filled with experiential learning opportunities in the international city of Atlanta. 61 Federico Fabbrini, Do NATO Obligations Trump European Budgetary Constraints?, 9 Harv. That was done out of fear that Article 3 might otherwise encourage an arms race or continual boost of military capacity and preparedness by the Allies. 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. In the first place, one can note that the phrase does not specify the exact type of individual capacity required to resist armed attack. 88 NATO, Framework for NATO Industry Engagement ¶ 8.1 (2013). 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. 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. Generally, the language of the first draft differed from the current language of Article 3 in two important aspects. Approximately 1.4 billion dollars were given to European Allies with the aim of boosting their military capacities. Allies envisaged that NATO’s role would be to assist and facilitate the process of enhancing civil preparedness of Allies. .” 34Id. President Trump reiterated his oft-repeated gripe that the United States is spending more money on defense than other NATO countries Tuesday at the World Economic Forum in Davos, Switzerland. Finally, the OSCE’s Election Support Teams during the Afghan Presidential and Parliamentary Elections benefited from the security assistance by NATO-led International Security Assistance Force. Finally, the term “resist” is a matter of interpretation. Cooperation is carried out in accordance with the principles of mutual benefit, reciprocity and respect. No. Copyright © Emory University School of Law. See North Atlantic Treaty, supra note 2. With regard to missions, Allies have strengthened and tested their interoperability in missions in the Balkans, Libya, the Mediterranean, and Afghanistan. Stable and reliable energy supply, the diversification of import routes, suppliers and energy resources, and the interconnectivity of energy networks are of crucial importance. 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. The heart of NATO is expressed in Article 5 of the North Atlantic Treaty, in which the signatory members agree that. 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. 5Id. 72 Jamie Shea, Resilience: A Core Element of Collective Defence, NATO Rev. 16Id. (3). They enable close consultations between NATO and partner nations on regional security matters, and they shape common crisis-prevention approaches. 77 [hereinafter Rio Treaty]; Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defence, Mar. 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. 2, Apr. 15The Three Wise Men Report and the Origins of the NATO Science for Peace and Security Programme, North Atlantic Treaty Organization (Dec. 13, 2016), https://www.nato.int/cps/en/natohq/news_139363.htm. President Trump reiterated his oft-repeated gripe that the United States is spending more money on defense than other NATO countries Tuesday at the World Economic Forum in Davos, Switzerland. 13, 2012), https://www.nato.int/cps/en/natolive/news_85161.htm. 78 Wales Summit Declaration, supra note 57 ¶¶ 72–73. 2, Apr. Mug shots taken of the “NATO 3” after their arrests (From Left to Right: Brian Church, Brent Betterly, Jared Chase 65Id. NATO Secretary General … NATO also seeks to achieve interoperability with partner nations. It is a common misconception that NATO involvement in Afghanistan was a result of Article 5's invocation. pmbl. 46 North Atlantic Treaty, supra note 2, art. The reference to “the security of the North Atlantic area” turned out to be deemed inappropriate to the founding Allies, as they believed that “self-help and mutual aid” apply to the Treaty as a whole, and not only to “the security of the North Atlantic area.” 32Id. The OSCE Mission in Kosovo and NATO-led Kosovo Force (KFOR) established close ties in Kosovo. . (June 6, 2017), https://www.nato.int/cps/em/natohq/topics_84112.htm. pmbl. Nat’l Security J. at 28, 33. 19 NATO Doc. NATO and Article 5 were established in 1949 in the aftermath of World War II when communist movements supported by the Soviet Union posed a serious threat to democratically elected governments all over a devastated Europe. 12The Drafting of the Treaty, supra note 3, at 9. water, food, and medical supplies; Resilient civil communications systems and cyber networks. 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. Id. It is interesting to note that an earlier draft of Article 2 spoke not only about economic collaboration, but also about cultural and social collaboration, mirroring the Brussels Treaty. 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. 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 … It further called on Allies to consult on important economic issues, especially on those economic issues giving rise to defense and security implications or economic issues having an impact on the Alliance as a whole. leads to the conclusion that the capacity to resist armed attack goes beyond military capacity. 6See generally Rio Treaty, supra note 5. The report also addressed economic collaboration. 304 [hereinafter Brussels Treaty]. 7, 2016), https://www.nato.int/cps/en/natolive/topics_69332.htm. The organization implements the North Atlantic Treaty that was signed on 4 April 1949. 3. 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. 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. Emory Law is a top-ranked school known for exceptional scholarship, superior teaching, and demonstrated success in preparing students to practice. The North Atlantic Treaty Organization (NATO) is an alliance of 28 countries that border the North Atlantic Ocean. With regard to the latter, the nature and type of “mutual aid” or assistance that Allies would need to provide to one another has been at the heart of the debates during and after the negotiations of the Washington Treaty. This year's summit is taking place amid the UK's tumultuous divorce with the EU while President Trump is … 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. Allies are primarily responsible to guard and protect their national networks—national cyber resilience. [NATO], Rep. of the Comm. 13 Jamie Shea, What can we Learn Today from the ‘Three Wise Men’?, NATO Rev. at 10–11. Among all the enumerated fields, cyber defense capacity deserves special attention. Article 5 is known as the "one-for-all and all-for-one" article, the keystone of NATO as an organization. 88 NATO, Framework for NATO Industry Engagement ¶ 8.1 (2013). 98Relations with the United Nations, North Atlantic Treaty Org. 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. Nat’l Security J. Press Release, NATO, Cyber Defence Pledge (July 8, 2016). The Emory Law network includes 10,000+ accomplished alumni across the nation and around the world. 96Id. The Council shall set up such subsidiary bodies as may be necessary; in particular it shall establish immediately a defence committee which shall recommend measures for the implementation of Articles 3 and 5. 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. At least some European security experts talk about 3. Finally, the sixth draft aligned the language of Article 3 with the language of the U.N. Charter, concretely with its Article 51. 3. In plain language, resilience might be defined as capacity to recover and to bounce back after a crisis or disruption, see. Consultancy 1, 3–4 (2018). 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. 56See id. [NATO], Rep. of the Comm. 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. In addition, partnerships might better prepare interested partner nations to join the Alliance. Finally, Allies committed not only to deter and defend against cyber-attacks, but also to counter them. Strategic Pol. 8, 2017) https://www.nato.int/cps/en/natohq/news_142025.htm?selectedLocale=en. 53 See Alexander Mattelaer, US Leadership and NATO: Revisiting the Principles of NATO Burden-Sharing, 46 Parameters 25, 25 (2016). NATO leaders are gathering in London to mark the alliance's 70th anniversary. 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. Furthermore, it also introduced an opening sentence. In early 2003 NATO settled on only three ribbon styles - one for the NATO Meritorious Service Medal, one for Article 5 operations, and one for non-Article 5 operations. 77 [hereinafter Rio Treaty]; Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defence, Mar. Protocol to the North Atlantic Treaty on the Accession of Montenegro, Protocol to the North Atlantic Treaty on the Accession of the Republic of Albania, Protocol to the North Atlantic Treaty on the Accession of the Republic of Croatia, Protocol to the North Atlantic Treaty on the accession of the Republic of Slovenia, Protocol to the North Atlantic Treaty on the accession of the Slovak Republic, Protocol to the North Atlantic Treaty on the accession of Romania, Protocol to the North Atlantic Treaty on the accession of the Republic of Lithuania, Protocol to the North Atlantic Treaty on the accession of the Republic of Latvia, Protocol to the North Atlantic Treaty on the Accession of the Republic of Estonia, Protocol to the North Atlantic Treaty on the Accession of the Republic of Bulgaria, Protocol to the North Atlantic Treaty on the Accession of the Republic of Poland, Protocol to the North Atlantic Treaty on the Accession of the Republic of Hungary, Protocol to the North Atlantic Treaty on the Accession of the Czech Republic, Protocol to the North Atlantic Treaty on the Accession of Spain, Protocol to the North Atlantic Treaty on the Accession of the Federal Republic of Germany, Protocol to the North Atlantic Treaty on the Accession of Greece and Turkey, Euro-Atlantic Disaster Response Coordination Centre (EADRCC), NATO Public Diplomacy Division’s Co-Sponsorship Grants, on the territory of any of the Parties in Europe or North America, on the Algerian Departments of France. [citation needed] In April 2012, Turkish Prime Minister Tayyip Erdoğan considered invoking Article 5 of the NATO treaty to protect Turkish national security in a dispute over the Syrian Civil War. Id. Partner countries engage in and contribute to NATO-led operations. Consultancy 1, 3–4 (2018). 46 North Atlantic Treaty, supra note 2, art. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between any or all of them. ¶ 8.1. 91NATO Cyber Defence-Factsheet, North Atlantic Treaty Org. 89Id. In this respect, they laid down the common standards for English and French language proficiency. Strategic Pol. 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. Finally, the report touched upon social collaboration and collaboration in the field of information. Interoperability is pursued mainly through standardization, exercises, training, tests, trials, missions, partnerships and cooperation with industry. See NATO Communications and Information Agency (NCI Agency), North Atlantic Treaty Organization (Apr. 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. 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. 82 NATO might assist an Ally victim of a cyber-attack by deploying the so-called “Rapid Reaction Teams” which consist of cyber defense experts specifically trained to mitigate harmful and adverse consequences of cyber-attacks. 97 Jens Stoltenberg, Secretary General, NATO, Doorstep Statement prior to the European Union Foreign Affairs Council Meeting (Nov. 20, 2018) (on file with NATO). (Jan. 10, 2018), https://www.nato.int/docu/review/2016/Also-in-2016/three-wise-men-nato-military-alliance/EN/index.htm. The key section of the treaty is Article 5. According to the then United States Secretary of State, John Foster Dulles, the Washington Treaty was supposed to provide a framework for strengthening “the morale and positive elements on which true peace depends.” 4Id. 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. The Parties hereby establish a Council, on which each of them shall be represented, to consider matters concerning the implementation of this Treaty. Press Release, NATO, Brussels Summit Declaration, (July 11, 2018). C-M(56)127, supra note 19, ¶¶ 75-77. and the translation of NATO material(s) into as many languages as possible. 17Id. 50 North Atlantic Treaty, supra note 2, art. Trainings and exercises are also vital for strengthening interoperability of Allies as they test the Allied level of interoperability in practice. 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 Doc. 3 NATO, North Atlantic Pact: The Drafting of the Treaty, PACT D-6/1, 8 (Mar. 69Interoperability: Connecting NATO Forces, supra note 64. NATO leaders are gathering in London to mark the alliance's 70th anniversary. Finally, the report paved the way for the establishment of a NATO Committee of Political Advisers—soon renamed to Political Committee. 59 Steven Grundman, NATO’s 2 Percent Guideline: What About the United States?, Atlantic Council (July, 10 2018), https://www.atlanticcouncil.org/blogs/new-atlanticist/nato-s-2-percent-guideline-what-about-the-united-states. (Nov. 29, 2018), https://www.nato.int/cps/en/natohq/topics_50321.htm. ; The Drafting of the Treaty, supra note 3, at 10–11. Press Release, European Counsel, Joint Declaration on EU-NATO Cooperation (July 10, 2018). 3. 59 Steven Grundman, NATO’s 2 Percent Guideline: What About the United States?, Atlantic Council (July, 10 2018), https://www.atlanticcouncil.org/blogs/new-atlanticist/nato-s-2-percent-guideline-what-about-the-united-states. Ability to make decisions, communicate and enforce them in a crisis. (June 6, 2017), https://www.nato.int/cps/em/natohq/topics_84112.htm. (Jan. 21, 2019), https://www.nato.int/cps/en/natohq/topics_136388.htm?selectedLocale=en. STANAGS are adopted and published by the NATO Standardization Office. The North Atlantic Treaty Organization (NATO) is an alliance of 28 countries that border the North Atlantic Ocean. NICP provides a framework for engagement of NATO and industry/private sector in the field of cyber defense of NATO-owned networks. Press Release, NATO, Wales Summit Declaration (Sept. 5, 2014). 37Id. Exercises enable Allies to develop best practices and to identify fields for improvement. 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. See NATO Standardization Office, North Atlantic Treaty Organization (June 9, 2017), https://www.nato.int/cps/en/natohq/topics_124879.htm. 22Id. 3 NATO, North Atlantic Pact: The Drafting of the Treaty, PACT D-6/1, 8 (Mar. 21 N. Atlantic Treaty Org. It commended Allies to maintain healthy economies and to promote international trade. In this respect, they laid down the common standards for English and French language proficiency. Ability to make decisions, communicate and enforce them in a crisis. Press Release, European Commission, 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 (July 8, 2016). Id. 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/. Interpretative Minute of the 18th Meeting of the Washington Exploratory Talks on Security on 15 March 1949. 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. procedures for environment protection during military operations, refueling procedures and specifications for common ground station for unmanned aerial vehicles used by NATO forces. (1949) at 10. 9 Brussels Treaty, supra note 5. ¶ 72. 98Relations with the United Nations, North Atlantic Treaty Org. and to provide cyber defense assistance to Allies upon request, 82 NATO might assist an Ally victim of a cyber-attack by deploying the so-called “Rapid Reaction Teams” which consist of cyber defense experts specifically trained to mitigate harmful and adverse consequences of cyber-attacks. NATO can also assist partner countries in the process of developing their capability, as well as their defense and security institutions. At least some European security experts talk about NATO has welcomed the initiative by expressing the expectation that this will further enhance the resilience of European Allies and will contribute to fairer burden-sharing within the Alliance. 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. NATO touted a significant uptick in defense spending by Canada and its European members following Trump’s years-long call for more nations to pay their fair share. 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. 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