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OPINION                                                                MARCH 17, 2023  |     The Indian Eye 10


               What are the implications of the





            new START suspension by Russia?





          The Russian decision can be described as symbolic and strategic in nature. It wants to pressurize the

            West by sending an ambiguous message strategically. In the entire episode, Russia has tried not to
                               appear aggressive and has attempted to put all the blame on the US




                  RAJIV NAYAN &
          NIRANJAN CHANDRASHEKHAR OAK

               n 21 February 2023, Russian
               President Vladimir Putin, at
        Othe end of his Presidential
        Address to the Federal Assembly,
        announced Russia’s suspension of
        its participation in the new Strategic
        Arms Reduction Treaty (START).
        He  immediately  clarified  that  the
        break did not mean withdrawal from
        the Treaty. The announcement pro-
        voked a global debate about the fate
        of this Treaty and the status of arms
        control in general. The word ‘suspen-
        sion’ puzzled many when discussions
        on the announcement’s consequenc-
        es started.

          What the International Law
                     Says:
            It must be understood that Rus-
        sia was not abandoning the Treaty
        before its expiry date (in 2026) or the          Putin justified his actions by claiming an asymmetry of strategic weapons forces between Russia and
        date for the next extension. For with-                             the North Atlantic Treaty Organization (File photo)
        drawal, the Treaty has a provision in
        Article XIV.3 which states:       Law of Treaties, reads as follows:  pension of any particular provision,   hensions that Russia might take out
                Each Party shall, in exercis-
        ing its national sovereignty, have the   • Unless the Treaty otherwise pro-  though the long speech detailed the   non-deployed weapons from storage
                                                                                                              and deploy them.
                                            vides or the parties otherwise
                                                                            circumstances which forced Russia to
        right to withdraw from this Treaty if   agree, the suspension of the opera-  take action on the suspension. Seem-  However, Putin justified his ac-
        it decides that extraordinary events   tion of a treaty under its provisions   ingly, the entire Treaty has been put   tions by claiming an asymmetry of
        related to the subject matter of this   or in accordance with the present   on hold. However, Putin has not   strategic weapons forces between
        Treaty have jeopardized its supreme   Convention:                   made any provocative statements,   Russia and the North Atlantic Treaty
        interests. It shall give notice of its de-  • releases the parties between which   which could hamper the re-opera-  Organization (NATO). He highlight-
        cision to the other Party. Such notice   the operation of the Treaty is sus-  tionalization of the Treaty. Article   ed that the US is not the only nuclear
        shall contain a statement of the ex-  pended from the obligation to   72.2 of the Vienna Convention ap-  weapon country in NATO, but that
        traordinary events the notifying Party   perform the Treaty in their mutual   pears to be guiding Russian thinking.  France and the United Kingdom
        regards as having jeopardized its su-  relations during the period of the                             are also nuclear  weapon countries.
        preme interests. This Treaty shall ter-  suspension;                    What Suspension Means         While the New START was a bilater-
        minate three months from the date   • does not otherwise affect the legal   The suspension of the Treaty   al treaty, Russia faced a threat from
        of receipt by the other Party of the   relations between the parties es-  does not entail any material changes   the entire NATO having more than
        aforementioned notice, unless the   tablished by the Treaty.        on the ground. Putin underscored in   one nuclear state.
        notice specifies a later date.    • During the period of the suspen-  his Presidential Address that he had   Thus, the moot question is
            Although there is no mention of
        the term ‘suspension’ in the Treaty,   sion the parties shall refrain from   signed a decree to put “new ground-  whether Russia will deploy weapons
                                            acts tending to obstruct the re-
                                                                            based strategic missile systems on
                                                                                                              from the store? It does not appear
        the announcement of the suspension   sumption of the operation of the   combat duty”. This might have sent   so. Article 72.2 of the Vienna Con-
        of the New START has a legal con-   Treaty.                         a signal that Putin was serious about   vention  may  restrain  Russia  from
        notation in international law. Article   Did Putin mention which ele-  escalating  nuclear  weapons de-  deploying more strategic nuclear
        72, titled ‘Consequences of the sus-  ments of the Treaty Russia intends to   ployment in the near future. Some   weapons than permitted in the New
        pension of the operation of a treaty’,   suspend? He did not specify the sus-  Western analysts expressed appre-  Continued on next page... >>
        of  the  Vienna  Convention  on  the

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