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Gi-Wook Shin
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The international community appears to have been stunned by North Korea's test of a nuclear device. While the media has predominantly focused on the political implications of the test, it is also important to understand exactly what occurred from a technical perspective. On Monday, October 9th, Dr. Gi-Wook Shin, Director of the Korean Studies Program and the Shorenstein Asia-Pacific Research Center at Stanford University, asked Dr. Siegfried Hecker, Emeritus Director of the Los Alamos National Laboratory and visiting professor at the Center for International Security and Cooperation at Stanford University about the nature of the test executed by North Korea and possible technical implications.

GWS (Gi-Wook Shin): Dr. Hecker, could you please briefly explain the technical dimensions of what has happened? North Korea is claiming great success, but there are some questions about whether this presumed nuclear test was really successful or meaningful.

SH (Siegried Hecker): At this point, as I understand it, the North Koreans have conducted what they call a nuclear test.

South Korea has said seismic signals appear to indicate a 0.5 kiloton, or sub-kiloton, explosion. From reports I have seen, the Australians and the French believe the blast was about 1 kiloton. Thus, three countries have given assessments on the power of the underground explosion, ranging between 0.5 kilotons and 1 kiloton, or 500 and 1000 tons. This likely indicates a nuclear explosion of a relatively low yield, compared to what one would typically expect. Although the Russian defense minister has apparently commented that the explosion was between 5 and 15 kilotons, I have not heard any other nation estimate in this range.

By comparison, the Nagasaki bomb was approximately 20 kilotons, and the initial tests of the five major nuclear powers were all quite large, on this order. Also, when both India and Pakistan tested multiple devices in 1998, some of these tests were of a substantial yield, at least 20 kilotons. But each country also tested three devices that were said to result in explosions of less than a kiloton. Whether these devices did not work or were experimental in nature is still unknown. So, a test on the order of that conducted by North Korea is not unheard of, but it is apparent that the North Korean device produced an explosion considerably smaller than most countries' first nuclear tests.

Regarding the technical dimensions of this event, I would offer two provisos: first, we must give scientists more time to analyze the seismic signals, and second, we must allow more time for analysis of how those seismic signals translate to the yield of the device. This latter task involves a thorough understanding of relevant geology - scientists make models to predict this, but there is always some uncertainty.

GWS: Given the relatively low yield of the test, is it possible that what North Korea has "tested" is not a nuclear device but very powerful conventional weaponry?

SH: It is most likely that this was indeed a nuclear device. There are two plausible explanations for why this test resulted in a relatively low yield. One possibility is that the North Koreans attempted to test a relatively simple nuclear device that was meant to be large, but it did not work quite right. There are two reasons the test of such a device might not have gone as planned. First, the detonators might not have exploded at exactly the right time or the explosive might not have been of the right quality, thus producing a lower yield. Second, if the timing of the "initiator" (additional neutrons that are introduced) was not quite right, this could also decrease the expected yield of the device.

Another possibility is that North Korea was actually trying to test a smaller, much more sophisticated nuclear device, one with a lot of instrumentation to monitor implosion. North Korea could have learned a great deal from such a test, but I would be surprised if the country had really designed the device to be that small.

GWS: This test marks the failure of the disparate policy approaches of South Korea and the United States - neither nation was successful in arresting DPRK nuclear development. But just how advanced North Korea's nuclear program is remains unclear. In the Korean media, there has been debate over whether North Korea's nuclear test was a success or a failure. What do you think?

SH: I would not say that the test failed. It is simply too early to judge, and we do not know exactly what North Korea had hoped to achieve. If North Korea wanted to use this test as a demonstration, then perhaps it was not very successful. It may be the case that the test did not work as well as anticipated if the device in question was a simple nuclear device. If North Korea was testing an advanced designed that was very well instrumented and monitored, it may have learned a great deal from this test.

It is important to wait to see an accurate yield for this test and then to look at the range of possibilities for why it might have been executed. From a scientific perspective, it is important not to overreact and not to go beyond what is actually known.

GWS: You said previously that when India and Pakistan tested nuclear devices in 1998, they both set off multiple explosions. Is it correct that North Korea has set off a single explosion?

SH: From what we have learned so far, it appears that North Korea has tested one device. This is what the North Koreans announced they would do. Scientists will have to carefully analyze the seismic signals to be sure, however, as for example, when India tested, it set off two devices simultaneously. We have not yet seen all the seismic evidence.

GWS: If North Korea were to use such a "low yield" device as a weapon in a major metropolis like Seoul, what kind of impact would it have?

SH: A 1 kiloton bomb in a major metropolis, though a relatively "low-yield" nuclear device, would still be devastating and catastrophic. Many thousands would experience instant death, and due to radioactivity, there would also be many delayed deaths. A device of this size would not wipe out the entire city, as was largely the case in Hiroshima and Nagasaki, but it would cause major, significant damage.

GWS: Based on the scale of the explosion, was this device something that even terrorists could assemble?

SH: One kiloton in terrorist hands would indeed be catastrophic. I am very concerned that North Korea's nuclear material might fall into terrorist hands.

GWS: The possible marriage of this demonstrated nuclear capability and North Korean missiles is extremely dangerous. With reference to the North's nuclear and missile capabilities, is testing useful for making smaller nuclear devices - devices small enough to be placed on a missile?

SH: If North Korea is intent on making a nuclear warhead, this test could be a step in that direction. Making smaller nuclear devices by nature means making more complex nuclear devices. For much of the Cold War, this was a major goal for both the Soviets and the Americans. For North Korea, at this point we cannot say that the test was successful in terms of this aim of miniaturization, though again, North Korean scientists may have learned a lot in this regard. It is extremely difficult to say how soon North Korea could achieve miniaturization with the limited information we have about this test.

Miniaturization is a very big step, and it cannot be accomplished without nuclear testing. This could have been one of the most important reasons that North Korea undertook this test. It must be noted that their missiles are the other part of this equation, and there is not great confidence in the reliability of these missiles, especially those that performed poorly during the July test.

GWS: North Korea has certainly made a political statement with its nuclear test, but from a technical perspective, do you expect additional testing? What is your assessment of North Korea's technical capabilities, in light of your recent visits to the nation?

SH: At this point, North Korea could want another test for two technical reasons. First, if this was a simple device, they will want to fix the problem and demonstrate an explosion of a higher yield. If this was a more advanced design, they may have learned a lot but would still desire another test in order to gain an appropriate level of confidence in the device.

In January 2004, I visited the Yongbyon nuclear reactor and in August 2005, I visited Pyongyang. On the basis of those visits, I would estimate that North Korea has enough plutonium for 6 to 8 nuclear devices, though there is some degree of uncertainty in that estimate. Overall, I estimate the North has 40-50 kilograms of weapons-grade plutonium, and generally 6-8 kilograms are required for each weapon. I also estimate that North Korea could gain one additional weapon per year, given the current rate of reprocessing.

In terms of skilled people and facilities, North Korea has very good capabilities, up to the point of and including reprocessing plutonium. However, to go from reprocessing plutonium to building the device itself takes a whole new set of engineering and physics skills.

GWS: Given North Korea's limited amount of weapons-grade material, its government would presumably want to conserve as much as possible, right?

SH: Yes, and this is probably one of the reasons North Korea did not set off multiple explosions like India and Pakistan did. North Korea has very limited material, and therefore it will want to be judicious. With this conservation imperative, North Korea will want to fully assess what has been learned from this first test before it attempts a second test.

GWS: From a technical perspective, is it difficult to say how long it may be until North Korea conducts a second test?

SH: Yes, it is very difficult to say, because it depends on factors related to this test about which we are still uncertain. If North Korea was satisfied with this test and all preparations have already been made, a second test could take place within a few days. Yet if the findings from this test surprised North Korea, the device may have to be rebuilt, and that could take weeks or months. One thing we know for sure is that they do not have a lot of weapons-grade material, and they will have to carefully judge how to use it.

GWS: You have said that a major danger from the North Korean nuclear program is the possibility of plutonium transfer. How serious is this possibility? Are you also concerned about transfer of nuclear technology?

SH: Well, a test does mean that there is now less material that could possibly be transferred.

I feel strongly that the principal danger from the North Korean program is the plutonium itself, and the possibility it would find its way to a third party, perhaps into terrorist hands or into the hands of other nations. The reason I believe this is the biggest danger is that North Korea could be restrained by its neighbors from ever actually using a nuclear device, but a third party, especially a non-state actor, may not be "restrainable."

The nuclear test will not have an impact on how marketable the plutonium is. Yet, for the export of nuclear technical know-how, a successful test could make a big difference in the appeal of North Korean technology, especially to a nation like Iran.

GWS: The current nuclear crisis erupted in October 2002, when U.S. officials confronted North Korea about its possession of a uranium enrichment, or HEU, program. North Korea has thus far denied having such a program. I understand this type of program is much more difficult to detect. Would a uranium-based device require testing?

SH: North Korea has stated that it does not have an HEU program. My own opinion is they have some type of enrichment program, owing to Pakistani President Musharraf's statements that his nation provided Pyongyang with some of the required technology and equipment. We simply do not know how far North Korea has progressed in this program.

The HEU program is very difficult to detect - there are fewer signatures than for a nuclear reactor and this type of program is easier to conceal, given the smaller size of the facilities required. However, if we assume statements made by A.Q. Khan and President Musharraf are accurate, it may be some time before North Korea can produce significant quantities of HEU.

Once North Korea has accomplished this, a uranium bomb will be easier to make, and North Korean scientists will have more confidence in this type of device without testing.

GWS: All indications are that North Korea will be further isolated after this test. Will this increased isolation impact the country's continued nuclear development?

SH: At this point, from what I saw at Yongbyon, current North Korean operations do not depend on external help or supplies. Thus, isolation makes little difference in this regard. For the uranium program, technical isolation would probably cause a slowdown, because North Korea would benefit from additional technical purchases from the outside world. But the uranium program does not appear to be a centerpiece of North Korea's nuclear efforts.

GWS: After this nuclear test, is the situation more dangerous?

SH: I believe the major threat came around 2003 when North Korea reprocessed a major amount of plutonium, thus crossing the threshold to become a major threat. I have always taken the North Korean threat very seriously, and I believe all the governments and peoples involved should take it very seriously as well. First and foremost, the imperative should be to make sure that nuclear materials stay in North Korea and are not transferred to third parties.

Transcript prepared by Kristin Burke, Shorenstein APARC Research Associate

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Daniel C. Sneider
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North Korea's announcement this week of plans to test a nuclear weapon is hardly surprising. The six-party talks to negotiate an end to its nuclear program are dead, and the North faces escalating financial and economic sanctions by the United States and its allies.

Experts have long debated the real motivations of the North in developing nuclear weapons. Some contend that the nuclear program, even the latest pronouncement, is simply a bargaining chip to gain security guarantees and economic aid. Others see a long determination to become a nuclear state.

The North Korean leaders may have begun the nuclear program as leverage. But the U.S. invasion of Iraq seems to have hardened their conviction that the only way to protect their nation and their regime is to join the nuclear club. The North Koreans want to become a Pakistan rather than an Iraq.

Still, officials in Pyongyang hesitated to cross the provocative line of visibly demonstrating their capability. Pressure is being mounted to get them to back down from their pledge. But for a variety of reasons, they apparently believe the timing for a test is now optimal.

First of all, they hope to blame the Bush administration for their decision. In the statement issued this week, the North Korean government argued that alleged American war plans justify a nuclear test, a position that reflects the views of the North Korean military.

Second, the North anticipates the test will be successful. Although a plutonium weapon is more complicated than a uranium bomb, it is quite likely that the North now has sufficient confidence in a Nagasaki-style primitive bomb. This success would be an object of pride for an otherwise failing state, and bolster its claim to the status of a world-class military power.

Third, the North Koreans see their potential enemies tied down and unable to respond effectively. The Bush administration is locked into a disastrous war in Iraq, and about to be weakened even more if the Republicans lose the upcoming midterm elections. In South Korea, the government of President Roh Moo Hyun is already a lame duck and politically paralyzed.

Fourth, Pyongyang may bet that China and South Korea, the two principal sources of trade and economic aid, would not join the United States and Japan in any real sanctions against the North. The July missile tests by North Korea provoked international uproar and led to a U.N. resolution. But the real impact has been minimal.

Finally, the North may calculate that testing will facilitate Japan's efforts to become a "normal'' nation with a broader military role in the region. That prospect could increase tensions in Northeast Asia, especially between Japan and China, and that, the North may believe, is not necessarily bad for it.

The United States, South Korea and China must act together to show that these calculations are misguided and that the North will pay a painful price if it goes ahead. Certainly this severely tests the troubled American alliance with South Korea and the emergent partnership with China. But Pyongyang's miscalculations also offer an opportunity to repair the strained alliance and create a new structure of security cooperation in Northeast Asia.

It is no secret that Seoul and Washington have been at odds over how to deal with North Korea. But the test announcement has already accelerated a shift in South Korean opinion. Rather than holding the United States responsible for the current impasse, most Koreans now see North Korea as the instigator of crisis.

South Korean officials understand that without reinforcing the alliance now, no policy toward the North can be effective. The United States and South Korea should urgently agree on common action plans -- including a shutdown of investment and economic assistance from the South to the North -- and make those consequences clear to Pyongyang.

The planned visits of newly installed Japanese Prime Minister Shinzo Abe to Beijing and Seoul next week offer a similar opening to turn threat into opportunity. Abe intends to repair tattered ties to those Asian neighbors. Now the three Northeast Asian powers can demonstrate that a nuclear test will not lead to increased tensions but to the complete isolation of the North.

The danger of escalating actions that could lead, again, to war on the Korean peninsula is grave. The North Koreans should be assured that the door to a diplomatic solution remains open to them. But they must also understand that by profoundly misreading this moment, the North Korean leadership now stands completely alone in Northeast Asia.

Reprinted by permission.

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Pamela Constable is the deputy foreign editor of The Washington Post. Previously she covered South Asia for The Washington Post for several years from April 1999, with extensive coverage of Afghanistan as well as both India and Pakistan.n She continues to visit and report from Afghanistan.

Before arriving in New Delhi in 1999, Constable worked for The Post from 1994 to 1998 covering immigration and Hispanic affairs in the Washington area, and reported from Honduras, El Salvador, Haiti and Cuba.

Prior to joining The Post, Constable worked for The Boston Globe as deputy Washington bureau chief and foreign policy reporter from June to September 1994. From 1983 until 1992, she was The Globe's roving foreign correspondent, Latin America correspondent and diplomatic correspondent. During this time she reported from Haiti, Chile, Peru, Argentina, Cuba, Colombia, El Salvador, Nicaragua, Mexico, South Korea, the Philippines, the Soviet Union and Brazil, as well as in Washington.

Her latest book is Fragments of Grace: My Search For Meaning in the Strife of South Asia. She is the co-author with Arturo Valenzuela of A Nation of Enemies: Chile Under Pinochet and has written articles for Foreign Affairs, Foreign Policy, Current History and other publications. She was awarded an Alicia Patterson Fellowship in 1990 and the Maria Moors Cabot Prize for coverage of Latin America in 1993. Constable is a member of the Council on Foreign Relations. She received a B.A. from Brown University.

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Satellites are absolutely essential and extremely vulnerable for national and economic security. How do we deal with this dilemma?

Michael Krepon is co-founder of the Henry L. Stimson Center and the author or editor of eleven books and over 350 articles. Prior to co-founding the Stimson Center, Krepon worked at the Carnegie Endowment for International Peace, the U.S. Arms Control and Disarmament Agency during the Carter administration, and in the U.S. House of Representatives, assisting Congressman Norm Dicks. He receive an MA from the School for Advanced International Studies, Johns Hopkins University, and a BA from Franklin & Marshall College. He also studied Arabic at the American University in Cairo, Egypt.

Krepon divides his time between Stimson's South Asia and space security projects. The South Asia project concentrates on escalation control, nuclear risk reduction, confidence building, and peace making between India and Pakistan. This project entails field work, publications, and Washington-based programming, including a visiting fellowship program. The space security project seeks to promote a code of conduct for responsible space-faring nations and works toward stronger international norms for the peaceful uses of outer space.

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Against the backdrop of export-led growth of some economies -- most notably China and India -- human development issues in Asia tend to be overlooked. The 2006 report Trade on Human Terms, produced by the United Nations Development Programme, finds that trade has contributed to further increasing the inequality both between and within countries. In addition, it warns that many of the region's open economies, particularly the East Asian success stories, are creating far fewer jobs, especially for youth and women, and experiencing "jobless growth." Many of the developing countries in the Asia-Pacific are now net importers of agricultural products; food security has thus become an emerging issue.

While Asia and the Pacific have embraced globalization, the regions poor are being left behind and will be so without determined action by governments. The report recommends that those countries adopt bold new policies that harness trade and economic growth, suggesting an "eight-point agenda" that includes investing for competitiveness; adopting strategic trade policies; restoring a focus on agriculture; combating jobless growth; and others.

Dr. Hafiz A. Pasha will discuss the findings and recommendations of this ground-breaking and thoughtful report which can be viewed at:

Asia - Pacific Human Development Report 2006

Dr. Hafiz A. Pasha is UN assistant secretary-general and UNDP assistant administrator and director of the Regional Bureau for Asia and the Pacific. He has served as the commerce and trade minister, minister for finance and economic affairs, deputy chairman of the Planning Commission, and education minister in three government administrations in Pakistan.

Prior to his government work, Dr. Pasha was the vice chancellor/president of the University of Karachi and dean and director of the Institute of Business Administration in Karachi, Pakistan.

Dr. Pasha has published extensively in the fields of trade, public finance, social development, and poverty reduction. He has an M.A. from Cambridge University and a Ph.D. from Stanford University.

Pasha was recently awarded the Congressional Medal of Achievement by the Philippines Congress in recognition of his work on poverty reduction, achievement of the Millennium Development Goals (MDGs) by the Asia-Pacific countries and his role in leading UNDP's response to the 2004 tsunami tragedy.

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The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University has concluded its second year of Stanford Summer Fellows on Democracy and Development. This year's fellows - 26 outstanding civic, political, and economic leaders from 21 countries in transition - were selected from more than 800 applications.

The summer fellows program brought leaders from important, transitioning countries such as Iraq, Afghanistan, Iran, Pakistan, China, and Russia to Stanford for three weeks (this year, July 31 to August 18). The new summer fellows included presidential advisers, prominent journalists, key figures in human rights and democracy movements, academics, and representatives of international governmental and non-governmental organizations. The fellows participated in morning seminars with leading Stanford faculty, including CDDRL director Michael A. McFaul, Kathryn Stoner, Larry Diamond, Avner Greif, Erik Jensen, and Stanford President Emeritus Gerhard Casper. In the afternoons, fellows attended talks by keynote speakers and led class sessions themselves, sharing insight into how reform progressed (or failed to progress) in their home countries and exchanging ideas for positive change. This year's keynote speakers included Carl Gershman, the president of the National Endowment for Democracy; Joan Blades, co-founder of MoveOn.org; Marc Pomar, president of the International Research and Exchanges Board (IREX); and Judge Pamela Rymer, United States Court of Appeals for the Ninth Circuit.

The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University's Freeman Spogli Institute for International Studies (FSI) seeks to promote innovative and practical research to assist transitioning countries design and implement policies that will foster democracy, promote balanced and sustainable growth, and advance the rule of law. It supports specialized teaching, training, and outreach to assist countries struggling with political, economic, and judicial reform, constitutional design, economic performance and corruption.

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The nuclear nonproliferation regime is "dysfunctional" and in serious need of repair, said Mohamed ElBaradei, director-general of the International Atomic Energy Agency, in a lecture titled "The Nuclear Future" at Stanford's Memorial Auditorium. ElBaradei, who, with the IAEA he directs, received the 2005 Nobel Peace Prize, spoke at FSI's Payne Lecture, with CISAC director Scott D. Sagan posing questions and moderating.

The nuclear regime in place since the Nonproliferation Treaty (NPT) took effect in 1970 is broken and needs to be fixed, the world's highest-ranking nuclear official told a half-full Memorial Auditorium in a wide-ranging lecture about the future of nuclear energy and weapons yesterday afternoon.

"We have a dysfunctional system -- system that cannot endure," said Mohamed ElBaradei, the director general of the International Atomic Energy Agency (IAEA). "We're reaching the fork in the road. Events in the last few years have made it clear that we need to change course."

The big news from ElBaradei's speech was his support for American entreaties to Iran. But the 2005 Nobel Peace Prize recipient also commented on North Korea, India, Pakistan, Iraq, terrorism, disarmament and the future of nuclear energy.

He said there are probably eight current nuclear states, excluding North Korea. He worried aloud that countries which can currently produce nuclear energy peacefully are only six months away from developing nuclear weapons for military purposes.

"Acquiring the technology to enrich uranium or reprocess uranium basically is the key to develop nuclear weapons as we have seen in Asia and Iran," he said. "They are virtually weapons states because in six months time if they decide for security reasons to develop their own weapon, they are there."

Iraq

While not a household name, ElBaradei was a prominent figure in the news as the lead weapons inspector in Iraq during the run-up to the 2003 American invasion. He said at the time that he could not find evidence of Iraqi weapons of mass destruction, but he would not conclude that there were no weapons in the country or that Saddam Hussein did not have a program.

ElBaradei asked for more time to complete inspections, but the Bush administration declined his request and decided to invade. The U.S. never found the nuclear and biological material that some had promised existed.

"Luckily...well I'm not sure luckily...we were proven right that there was no nuclear or any weapon of mass destruction in Iraq," he said. "But I hope that all of us have learned from the Iraq experience that we cannot just jump the gun. You have to be absolutely sure of the facts."

India

ElBaradei surprised observers when he supported the U.S. agreement with India earlier this year, which allowed the country to continue developing nuclear weapons and energy. He said the agreement with India did not endorse its proliferation activities but was indicative of the kind of outside-the-box thinking the international community needs when considering the spread of nuclear weapons and material.

"The end result is India coming closer and working with the rest of the world," he said. "It is not a perfect agreement, but it has a lot of advantages. From the safety, security and nonproliferation perspective, I see that agreement as a win-win situation."

Pakistan

Pakistan developed nuclear weapons as a response to India. Some have criticized Pakistan for its poor stewardship and control of the bomb, pointing out that weapons were almost fired during a skirmish over the disputed Kashmir region.

AQ Kahn, a senior nuclear scientist who helped Pakistan join the exclusive nuclear club, was caught selling compact discs and other information about bombs to several other countries.

"How much damage was done in the process we don't know," ElBaradei said.

The release of this nuclear material demonstrates the need for a "more robust verification system," he said, adding that Pakistan has come closer to the international community in recent years.

North Korea

Kim Jong Il expelled all IAEA inspectors in Dec. 2002, withdrew from the NPT in Jan. 2003 and announced in February 2005 that his military had a nuclear deterrent.

"North Korea is still a major problem," ElBaradei said. "We don't talk about it enough, but North Korea is declaring right now that they have a nuclear weapon. And the longer that they continue to be in that status, the more it is accepted in the collective conscious. This would be terrible because it will have a lot of negative ramifications in South Korea and Japan."

ElBaradei said ongoing negotiations are an important development but more needs to be done.

"What we see with the current six-party talks should have taken place years ago," he said.

Nuclear Proliferation

ElBaradei stressed that he understands the value of nuclear power, which produces much of the developed world's energy. Reducing its use would create more dependence on greenhouse gas-creating fossil fuels, he said.

"We need to use nuclear energy responsibly to maximize benefit and minimize risk," he said.

He said his "number one nightmare scenario" is a terrorist group acquiring nuclear technology since terrorists are not deterred by the possibility of reprisal.

In the post-Cold War world, ElBaradei said he could see no justification for the U.S. and Russia to maintain their nuclear arsenals on ready alert to fire with thirty minutes notice. He called on America to lead by example and continue to disarm its nuclear stockpile.

"Rather than pass judgment, I'd definitely like to say the U.S. should do more in leading by example in terms of nuclear disarmament," he said.

In September 2005, ElBaradei was reappointed to a third term as director general of IAEA. The United States had considered holding up his nomination but dropped its objections under pressure from European allies, who admire the former law professor from New York University.

Diplomat to the Core

The Egyptian native's sometimes broken English was interspersed with self-corrections and careful legalese nuance. ElBaradei answered questions posed by Political Science Prof. Scott Sagan, the director of the Center for International Security and Cooperation.

When Sagan made bold pronouncements about different country's nuclear activities, including the United States' "colossal failure" when North Korea violated the NPT, ElBaradei seemed careful not to point fingers, play the blame game or make enemies. Nonetheless, for a senior United Nations official, his speech was notably blunt.

"There's no international public servant whose integrity and work I admire more than yours," Sagan told ElBaradei.

Accompanied by his wife, ElBaradei spent the day at the University visiting with faculty and students. He spoke at a lunch sponsored by the Freeman Spogli Institute for International Studies and traveled to Sagan's home for a dinner with invited guests. He left the area at 8:30 p.m.

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J Alexander Thier writes about the controversial case of Abdul Rahman, the 41-year-old Afghan who was facing the death penalty for converting from Islam to Christianity.

Divorce proceedings bring out the worst in people. When Abdul Rahman tried to get custody of his daughters in Kabul, Afghanistan, his wife's family told the court that he was unfit to care for his children because he had converted from Islam to Christianity some 16 years ago. A zealous prosecutor, hearing of the case, charged Mr. Rahman with apostasy, a crime punishable by death under some interpretations of Islamic law. If Mr. Rahman does not repudiate Christianity, the judge in the case has said, he will get the death penalty.

Mr. Rahman's case is a discouraging illustration of the uneasy balance between the democratic norms Afghanistan's Constitution enshrines and the conservative Islamic values its judiciary upholds. On the one hand, the Afghan Constitution states that "followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of the law," and it requires the state to adhere to the Universal Declaration of Human Rights, which clearly protects freedom of conscience and the right to change one's religion.

On the other hand, the Constitution also says that no law can be "contrary to the beliefs and provisions of Islam," and it gives judges broad power to interpret and apply Islamic law. Several schools of Islam do indeed prescribe the ultimate punishment for those who abandon the faith. And so Mr. Rahman's case may well come down to the interpretive leanings of the court.

Moderate Islamic jurists in some countries have attempted to balance or reconcile these often-conflicting interests. In Egypt, for instance, the Islamic Research Center decreed that although apostasy may be a crime, the time period for redemption is limitless - in other words, it is up to the individual, not the state, to adhere to divine will. The former chief justice of Pakistan, which has explicit anti-blasphemy laws, has written that the death penalty for apostasy is not required by the Koran and conflicts with other Islamic values.

Afghanistan's post-Taliban judiciary, however, has shown a propensity to use Islam as a political weapon. The country's chief justice, Fazil Hadi Shinwari, is a hard-line conservative associated with the Islamist parties of Abdul Rasul Sayyaf and Burhanuddin Rabbani. He has used the court as a bully-pulpit, issuing fatwas on a variety of issues outside his jurisdiction.

For instance, under Justice Shinwari's leadership the Supreme Court has variously attempted to ban co-education; tried to eliminate a rival to President Hamid Karzai from the 2004 elections; and jailed newspaper editors, all in the name of Islam.

In other words, the court has overstepped its bounds and contributed to the radicalization of Afghan politics in the process. To further his aims, Justice Shinwari has packed the lower courts with judges who have Islamic educations but no foundation in Afghan law or experience in the judiciary.

President Karzai has a unique opportunity to change this. Under the Constitution, Mr. Karzai must appoint a new Supreme Court this month, and he sent his slate of nine justices to Parliament for approval last week. Although the current chief justice has retained his position, there are some very promising choices among the eight other justices. They include known moderates, like the former chairman of the Judicial Reform Commission, Bahauddin Baha, and the deputy minister of justice, Qasim Hashimzai, who led a major corruption investigation involving members of President Karzai's cabinet.

These appointments mark President Karzai's first opportunity to compose Afghanistan's Supreme Court under a fully constitutional government. They are of momentous importance to the country's stabilization and the consolidation of its nascent democracy.

By creating a competent, professional and moderate judiciary, President Karzai will help to establish the rule of law. If, however, the court remains in the thrall of ideology and factionalism, Afghanistan's experiment in democracy will be compromised.

But the new judges will be powerless to reform the system unless they are given the political support and resources to do so. International involvement in Afghanistan's justice sector since 2001 has been inadequate. Both the Afghan government and its donors need a strategic vision for the judiciary's future and the political focus to make it a reality.

The new judiciary will need support to review the qualifications of the lower court judges, facilities to train new judges and functioning courthouses in the provinces. It will need to be able to share information, laws and legal decisions among officials throughout the country and to pay judges a living wage.

We must do more than simply react loudly to the most extreme cases, like that of Mr. Rahman. Instead, we must partner with the Afghans and other democratic governments in the Islamic world as they struggle to promote modernity and the rule of law. This means working with judicial systems on less controversial, bread-and-butter issues like criminal law and property disputes.

We have seen throughout the world, and in our own history, that competent and independent judges will stand up for the rule of law even when their decisions indict the powerful and defend the unpopular. Mr. Rahman's case should remind us of how important it is to help Afghanistan develop such judges if we want its democracy to succeed.

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David Holloway
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Jeffrey T. Richelson's history of American nuclear intelligence, Spying on the Bomb, is timely, writes CISAC's David Holloway, given the faulty intelligence about nuclear weapons that was used to justify the U.S. invasion of Iraq. In fact the book could have gone further toward analyzing the relationship between the intelligence community and policy makers, Holloway suggests in this New York Times book review.

Before attacking Iraq in March 2003, the United States told the world that Saddam Hussein had reconstituted his nuclear weapons program in defiance of the United Nations. That claim, used to justify the war, was based on assessments provided by the United States intelligence community. But as everyone now knows, those assessments were wrong. So Jeffrey T. Richelson's history of American nuclear intelligence, including our attempts to learn about Iraq's nuclear program, could hardly be more timely.

In "Spying on the Bomb," Richelson, the author of several books on American intelligence, has brought together a huge amount of information about Washington's efforts to track the nuclear weapons projects of other countries. He examines the nuclear projects of Nazi Germany, the Soviet Union, China, France, Israel, India, South Africa, Taiwan, Libya, Pakistan, Iran and North Korea, as well as Iraq. Through interviews and declassified documents as well as secondary works, he sets out briefly what we currently know about those projects and compares that with assessments of the time.

This may sound like heavy going, but Richelson writes with admirable clarity. And along the way he has fascinating stories to tell: about plans to assassinate the German physicist Werner Heisenberg during World War II; about discussions in the Kennedy and Johnson administrations on the possibility of attacking Chinese nuclear installations; about Indian measures to evade the gaze of American reconnaissance satellites; and about the bureaucratic infighting over the estimates on Iraq.

The United States has put an enormous effort into gathering information about the nuclear projects of other countries. After World War II it equipped aircraft with special filters to pick up radioactive debris from nuclear tests for isotopic analysis. It created a network of stations around the world to register the seismic effects of nuclear explosions. Most important, in 1960 it began to launch reconnaissance satellites that could take detailed photographs of nuclear sites in the Soviet Union and China. Richelson occasionally speculates about the role of communications intercepts and of spies, but these appear from his account to have been much less important than the other methods of collecting information.

Through these means the United States has gathered a vast quantity of data, sometimes to surprising effect. Intelligence played a crucial role in the cold war, for instance, by reducing uncertainty about Soviet nuclear forces. Alongside such successes, however, there have been failures. One notable example concerned the first Soviet test, which took place in August 1949, much sooner than the C.I.A. had predicted. Another was the failure to detect Indian preparations for tests in May 1998, even though at an earlier time the United States, with the help of satellite intelligence, had managed to learn about preparations the Indians were making and to head off their tests.

But the most serious failure of all was in Iraq in 2003, because in no other case did the intelligence assessments serve as justification for the use of military force. The information needed for avoiding political surprise is one thing. That needed for preventive war is quite another, if only because of the consequences of making a mistake.

Beyond making the uncontroversial recommendation that "aggressive and inventive intelligence collection and analysis" should continue, Richelson draws no general conclusions. That is a pity, because his rich material points to issues that cry out for further analysis. He suggests in one or two cases that failures sprang from the mind-set of the intelligence community, but he does not elaborate on this point. He has little to say about relations between policy makers and the intelligence community, even though the quality of intelligence and the use made of it depend heavily on that relationship.

His focus is no less narrow in his discussion of foreign nuclear projects. He concentrates on the programs themselves, paying very little attention to their political context. Does that reflect a technological bias in nuclear intelligence? Would, for example, the prewar assessment of Iraqi nuclear capabilities have been more accurate if it had paid more attention to the broader political and economic circumstances of Hussein's regime?

The task of intelligence has become more complex than it was during the cold war. A single dominant nuclear opponent has now been replaced by a number of nuclear states, along with states and stateless terrorists that are aiming to get their hands on nuclear weapons. Meanwhile, the technology needed for producing nuclear weapons has become easier to acquire.

Many critics believe the recent performance of the intelligence community shows it has not responded adequately to this new situation. Richelson does not have much to say on this question; nor does he discuss the likely impact of the current reforms, initiated in response to the Iraq war, on the quality of intelligence. His reticence may imply that he does not think reform is necessary. Still, it is disappointing that he does not draw on his historical survey to discuss whether new approaches are needed for dealing with nuclear threats, and, if so, what those new approaches might be.

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Authors
Daniel C. Sneider
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The newest member of the nuclear club will also gain a stake in nonproliferation, observes Pantech Fellow and San Jose Mercury News foreign affairs columnist Daniel C. Sneider

The nuclear deal reached during President Bush's recent visit to India unleashed a predictable wave of criticism. From editorial and op-ed pages to Congress, led by the left but supported on the right, the administration has been assailed for making a bad bargain.

Under the agreement, which still needs congressional approval, India would open much of its nuclear facilities to international inspections in return for gaining access to the world's supplies of uranium and U.S. nuclear expertise.

The attacks on the deal reflect the view of the nonproliferation lobby -- the experts and policymakers whose central concern is to stop the spread of nuclear weapons. I share their aim. But American arguments against the India deal are misleading and only expose the deep contradictions, if not hypocrisy, of our own nuclear policies.

There are two main criticisms of the agreement: first, it undermines the Nuclear Nonproliferation Treaty, the NPT, and second, it permits, even encourages, India to expand its nuclear weapons production.

The NPT issue is particularly sensitive at a time when the international community is trying to persuade Iran to give up certain nuclear technologies which many nations fear are part of a secret bomb program.

The NPT created two sets of global rules -- one for the five nuclear weapons powers it recognizes (China, the United States, Russia, Britain and France) and another for everyone else. The five, for example, allow only "voluntary'' international safeguards on their civilian nuclear facilities. They have no obligation to open their military programs to any kind of scrutiny. And the NPT places no real limits on their arsenals, other than a vague commitment to reduce and eventually eliminate all nuclear weapons.

The rest must open their nuclear energy programs fully to international inspection and agree never to build bombs. In exchange, they gain access to the peaceful uses of nuclear energy.

Iran -- and North Korea -- made that bargain and can be held to account for breaking the rules. But India consistently regarded that as an unequal trade-off and never signed the NPT; neither did Pakistan and Israel, two other nuclear weapons states.

India's nuclear program is the product of decades of largely indigenous effort; it did not result from secretive proliferation in violation of the NPT.

The deal with India turns the five into six. It treats India as a de facto member of the inner club. The deal would require changes in U.S. law to remove existing restrictions on the transfer of nuclear energy technology, changes that would allow India to be treated no differently from China.

That does not weaken the NPT -- it strengthens it. It brings it more into accord with reality and gives India a stake in a system it had previously rejected as unfair. It paves the way for India to join the Nuclear Suppliers Group, the international organization that controls nuclear exports.

The critics are right that the deal enables India to expand its production of fissile materials to make nuclear warheads. Eight of India's 22 power reactors will remain outside international controls, along with a new breeder reactor. The Indians fought for that exemption because they feel their nuclear arsenal may not be large enough to deter a nuclear first strike by Pakistan or China in the future. Critics fear that with increased access to uranium and limited inspections, India will set off an arms race in South Asia.

Again, the agreement simply treats India like the five. Nonproliferation experts claim that unlike India, however, the five have halted their production of plutonium and highly enriched uranium that could be used to build new weapons. This is true, but misleading.

The five have massive stockpiles of fissile material built up during the Cold War. "If I've got a full pantry, it's easy for me to swear off trips to the supermarket,'' said Michael Levi, an arms-control expert at the Council on Foreign Relations.

Moreover, the United States has embarked on a new program to rebuild its nuclear weapons production capability, including creating new facilities to produce plutonium cores for warheads and to assemble them.

India has agreed to back a global pact to cut off fissile-material production. But the Bush administration does not support a treaty that would actually verify this is taking place. And the U.S. Senate has refused to ratify the Comprehensive Test Ban Treaty that would permanently halt any new testing of nuclear weapons.

A Congress that can support those policies is hardly in a position to challenge the administration's agreement with India. Rather than block the U.S.-India deal, it makes more sense to improve it. This could include reaching agreements for cooperation between the two countries to ensure the safety and security of nuclear facilities, including those for military purposes, suggested Stanford Professor Scott D. Sagan, a leading expert on nuclear safety and nonproliferation. "Reducing the risk of terrorist theft of nuclear materials or weapons in India would also help protect the United States,'' argues Sagan.

Beyond that, the six acknowledged nuclear powers should begin to seriously fulfill their part of the NPT bargain -- to cap fissile-material production, to ban nuclear testing, and to eventually radically reduce stored arsenals of nuclear weapons and materials.

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