Fox News reporter Dana Lewis asserted this afternoon that Russia has insisted on language in the nuclear arms pact with the United States “which could be an escape hatch in years to come” if U.S. missile defense programs develop in ways that Russia opposes. Lewis added that that the Senate will “take a look” at that language and that “it's going to be interesting in the Senate.”
In the future, look for such reporting to be transformed into claims that Obama has negotiated away our missile defense program, so let's nip this in the bud now. In fact, while the text of the draft treaty is not yet available, it appears from reporting that Lewis was referring to Russia's statement that it will withdraw from the treaty if the United States develops a missile defense program that Russia doesn't like.
But here's the thing: treaties almost always allow parties to withdraw for any reason or for no reason - which is why the White House's fact sheet on the treaty says it “includes a withdrawal clause that is standard in arms control agreements.” Indeed, Russia had the option of withdrawing from an arms control treaty negotiated by former President Bush.
The Strategic Offensive Reductions Treaty, signed by Bush and former Russian President Vladimir Putin in 2002 stated: “Each Party, in exercising its national sovereignty, may withdraw from this Treaty upon three months written notice to the other Party.”
Similarly, the Anti-Ballistic Missile Treaty of 1972 between the United States and the Soviet Union contained a withdrawal provision, which stated:
Each Party shall, in exercising its national sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests. It shall give notice of its decision to the other Party six months prior to withdrawal from the Treaty. Such notice shall include a statement of the extraordinary events the notifying Party regards as having jeopardized its supreme interests.
President Bush exercised the United States' right to withdraw from the ABM treaty in 2001.
According to The New York Times, this is what Russia said about missile defense:
The new treaty will reduce the binding limit on deployed strategic nuclear warheads by more than one-quarter, and on launchers by half. It will reestablish an inspection and verification regime, replacing one that expired in December. But while the pact recognizes the dispute between the two countries over American plans for missile defense based in Europe, it will not restrict the United States from building such a shield.
Instead, the two sides each drafted separate nonbinding statements reiterating their positions on missile defense. Russia warned in its statement that it reserved the right to withdraw from the new treaty if it decided that American missile defense plans were developing in a way that threatened its security. The United States asserted in its statement that it would develop missile defense as it saw fit, but offered assurance that the program was not aimed at Russia nor at undermining the security balance between the two countries.
The Kremlin statement on Friday suggested that Russia would continue to push for a formal missile defense treaty.