.” 35Id. NATO’s interoperability policy defines the notion as ‘‘the ability of Allies to act together coherently, effectively and efficiently to achieve tactical, operational and strategic objectives.’’ … The definition of the territories to which Article 5 applies was revised by Article 2 of the Protocol to the North Atlantic Treaty on the accession of Greece and Turkey signed on 22 October 1951. Press Release, European Counsel, Joint Declaration on EU-NATO Cooperation (July 10, 2018). 46 North Atlantic Treaty, supra note 2, art. STANAGs address a variety of subjects, such as the use of language in joint Allied operations, 67 The very first STANAGs recognized the importance of a common language for interoperability purposes. Mag. By 2015, it was spending just $4.6 billion, but that still managed to push it over the NATO threshold. Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. 66Id. Apart from Iceland, it is true that all Allies indeed maintain armed forces and military equipment, whose strength and status are regularly discussed in the context of a broader “fair burden-sharing” debate. Partnerships benefit both NATO and partner nations. 25 NATO Doc. The Rapid Reaction Teams tool might be seen as an example of “mutual aid.’ Id. 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. 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. “This is a moderate increase from 2019," NATO … 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. Furthermore, it also introduced an opening sentence. 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. This cooperation includes but is not limited to combating transnational threats, including terrorism and cyber threats, border management and security, disarmament, small arms and light weapons, confidence and security-building measures, regional issues and exchange of experience on the respective Mediterranean dimensions. The phrase “capacity to resist armed attack” also calls for interpretation. Mag. The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened. Econ. By: Daniel L. Davis July 26, 2018 . 243. 11 In many ways the focus on complementarity and the avoidance of duplication with other international organizations has been a constant theme in NATO’s history, see, e.g. The state administration was solely and exclusively responsible for maintaining a well-functioning infrastructure together with sufficient civil resources. Therefore, it is not only legitimate, but also logical and imperative for NATO to engage in this sort of cooperation. 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. The Parties hereby establish a Council, on which each of them shall be represented, to consider matters concerning the implementation of this Treaty. 88 NATO, Framework for NATO Industry Engagement ¶ 8.1 (2013). 101See What we Do, OSCE, https://www.osce.org/what-we-do. 103Id. Press Release, NATO, Commitment to Enhance Resilience (July 8, 2016). Among other things, they agreed to allot sufficient financial resources to develop national cyber defense capabilities, to foster cyber defense education, training and exercises, to improve understanding of cyber threats and to improve interaction among relevant national cyber defense stakeholders. 3. Jens Stoltenberg, Secretary General, NATO, Doorstep Statement prior to the European Union Foreign Affairs Council Meeting (Nov. 20, 2018) (on file with NATO). Throughout the years, Allies have devoted a lot of attention to civil preparedness. whereas by 2024 fewer than half of the Allies are planning to meet it. Among all the enumerated fields, cyber defense capacity deserves special attention. (Jan. 21, 2019), https://www.nato.int/cps/en/natohq/topics_136388.htm?selectedLocale=en. 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.. There can be no straightforward answer to that question since much will depend on the circumstances of a concrete case. 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. 52NATO Deputy Secretary General Thanks Iceland for its Contribution to European Security, 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. Nevertheless, failing to do so does not necessarily put the Ally in violation of Article 3 of the Washington Treaty if the Ally contributes to its resilience and resilience of the Alliance in other forms as it has been described before. at 10–11. at 11. 29, 1949) (copy on file with the author) [hereinafter The Drafting of the Treaty]. Nat’l Security J. ¶ 8.1. (Feb. 2018), https://www.nato.int/nato_static_fl2014/assets/pdf/pdf_2018_02/20180213_1802-factsheet-cyber-defence-en.pdf. Interoperability is needed also in the legal field since it often happens that Allies have different or divergent legal regulations—for example, on the use of force in self-defense. They therefore agree to this North Atlantic Treaty : The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations. .’’ 57 Press Release, NATO, Wales Summit Declaration (Sept. 5, 2014). 77 Ralph D. Thiele, Game Changer: Cyber Security in the Naval Domain, 530 Inst. It also includes, inter alia, civil readiness, economic strength, 48Resilience and Article 3, North Atlantic Treaty Org. Military capacity is definitely one of the strong components of national resilience. 45Boosting NATO’s Presence in the East and Southeast, North Atlantic Treaty Org. 73 Press Release, NATO, Commitment to Enhance Resilience (July 8, 2016). †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. North Atlantic Treaty art. He most likely drew inspiration from the preambles of the Brussels and Rio Treaties, 5Id. C-M(56)127, supra note 19, ¶¶ 75-77. and the translation of NATO material(s) into as many languages as possible. 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. L, North Atlantic Treaty, 81st Cong., 1st Sess. 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. In 1948, the Communist Party of Czechoslovakia overthrew that nations democratic government, while in Germany, Soviet authorities blockaded the Allied-controlled section of Berlin in an att… 36See U.N. Charter art. 72 Jamie Shea, Resilience: A Core Element of Collective Defence, NATO Rev. They believed that the Washington Treaty had to represent more than a mere collective defense arrangement. Our faculty are renowned for their innovative and dynamic teaching, and they are widely published in leading law reviews, books, and textbooks. Finally, the report touched upon social collaboration and collaboration in the field of information. 17Id. . NATO Doc. 71See generally Marten Zwanenburg, International Humanitarian Law Interoperability in Multinational Operations, 95 Int’l Rev. 37Id. The pro-NATO side scored a big win last week when the far-right Sweden Democrats, who are angling for closer cooperation with the center-right bloc in a range of policy areas, reversed a previous anti-NATO stance and backed a motion for Sweden to adopt a so-called NATO option — allowing it to join NATO at some point in the future. pmbl. 12The Drafting of the Treaty, supra note 3, at 9. 27 North Atlantic Treaty, supra note 2, art. With regard to NATO’s cooperation with other international organizations, NATO places a great emphasis on cooperation with the EU, U.N., and Organization for Security and Co-operation in Europe (OSCE). 99 S.C. Res. (Jun. Through procurement, NATO acquires new cyber capabilities and services from industry, whereas through non-procurement cooperation NATO might engage in discussions and exchanges of information with industry on capability requirements and needs, including matters related to interoperability standards. 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. But see Federico Fabbrini, Do NATO Obligations Trump European Budgetary Constraints?, 9 Harv. 6See generally Rio Treaty, supra note 5. For the Washington Treaty founders, the notion of peace went far beyond the mere absence of war. 105See Partnership for Peace Programme, North Atlantic Treaty Org. 3. 304 [hereinafter Brussels Treaty]. ¶ 64. The Alliance includes the United States, most European Union members, Canada, and Turkey. Consequently, in the third draft the opening sentence attained its current form: “In order to more effectively to achieve the objectives of this Treaty.…” 33Id. In other words, are NATO Summit Declarations and the 2% and 20% targets legally binding on Allies? 101See What we Do, OSCE, https://www.osce.org/what-we-do. 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. Hence, the private sector began to play a crucial role in crisis management. 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. 71See generally Marten Zwanenburg, International Humanitarian Law Interoperability in Multinational Operations, 95 Int’l Rev. See North Atlantic Treaty, supra note 2. pmbl. The key section of the treaty is Article 5. 3. 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. Report of the Committee on Foreign Relations on Exec. 2241, 34 U.N.T.S. The policy recognized that cyber-attacks may threaten ‘‘national and Euro-Atlantic prosperity, security, and stability’’ and may reach the threshold of an armed attack. 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. 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/. 3. 26Id. See NATO Rapid Reaction Team to Fight Cyber Attack, North Atlantic Treaty Organization (Mar. Article 2 of the Washington Treaty, while initially designed to be more of a political and declaratory nature, gained more substance with the report of the ‘‘Three Wise Men,’’ which laid down the basis for non-military cooperation among Allies in the political, economic, scientific and technological fields. 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. Inter-American Treaty on Reciprocal Assistance, Sept. 2, 1947, 21 U.N.T.S. 94 Press Release, European Counsel, Joint Declaration on EU-NATO Cooperation (July 10, 2018). The heart of NATO is expressed in Article 5 of the North Atlantic Treaty, in which the signatory members agree that. No. 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. Article 5 is the principle that an attack on one member of NATO is an attack on all members. 7, 2017), https://www.nato.int/cps/en/natohq/topics_50349.htm; NATO Mediterranean Dialogue, North Atlantic Treaty Organization (Feb. 13, 2015), https://www.nato.int/cps/en/natohq/topics_60021.htm?selectedLocale=en; Istanbul Cooperation Initiative (ICI), North Atlantic Treaty Org. water, food, and medical supplies; Resilient civil communications systems and cyber networks. That is not surprising, since the principle of collective defence is at the heart of all our security arrangements. pmbl. 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. 79Id. 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. Some years after the adoption of the Washington Treaty, Allies felt the need to give more substance to Article 2, as well as to affirm the non-military mandate of the Alliance. In this regard, Iceland is a perfect example. 56See id. The move comes at a delicate time in relations between Washington and Ankara. These systems can be attacked by anyone from anywhere, and at any moment by cyber means. Most people – at least those in the know – regard Article 5 of NATO’s founding treaty as the bedrock of Europe’s security architecture. 88 NATO, Framework for NATO Industry Engagement ¶ 8.1 (2013). To this point, the then foreign minister of Canada and later its Prime Minister, Louis St. Laurent, argued that besides being a military force, the Alliance must be also an economic and morale force “as the struggle was for the control of men’s minds and men’s souls.” 14The Drafting of the Treaty, supra note 3, at 9. 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. 6See generally Rio Treaty, supra note 5. 21 N. Atlantic Treaty Org. But see Federico Fabbrini, Do NATO Obligations Trump European Budgetary Constraints?, 9 Harv. The NATO Communications and Information Agency is entrusted with the protection of NATO’s networks. 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. United Kingdom – 2.21 percent of GDP spent on defense. Nat’l Security J.l 121, 133 (2018). 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. “Mutual Aid” was defined as “the contribution by each Party, consistent with its geographic location and resources and with due regard to the requirements of economic recovery, of such mutual aid as it can reasonably be expected to contribute in the form in which it can most effectively furnish it, e.g. 104See North Atlantic Treaty, supra note 2, art. 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. 51 The Keflavik Air Base is used by Allied navies for military exercises and air policing (surveillance) among other things. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between any or all of them. 63 Jan Techau, The Politics of 2 Percent: NATO and the Security Vacuum in Europe, Carnegie Europe (Sep. 2, 2015), https://carnegieeurope.eu/2015/09/02/politics-of-2-percent-nato-and-security-vacuum-in-europe-pub-61139. NATO Priorities Germany’s Article 3 commitment is the canary in NATO’s mine. 83 Wales Summit Declaration, supra note 57. 87 Brussels Summit Declaration, supra note 60. 86Id. 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. 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. (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 scientific field the report discussed the important role of technology and science for the Alliance and for peace and security in general. 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