Nuclear warIf Trump wants nuclear war, virtually no one can stop him
The general in charge of America’s nuclear arsenal, John Hyten, recently said he would resist carrying out an illegal order from the president to use those weapons. His comments echoed the ones made a few days earlier by one of his predecessors, retired Air Force Gen. Robert Kehler. While the generals are no doubt military men of integrity, my four decades of experience as a diplomat and scholar of American foreign policy suggest there is no law that would make a presidential order to launch a preemptive nuclear strike on North Korea illegal. The bottom line is that a nuclear war won’t be prevented by military officers refusing to obey an order they consider illegal. And such a situation won’t be avoided by congressional action. The legislative branch is paralyzed by partisan politics. Using the bomb is up to the discretion of a president who came to office with no experience in the military, government or foreign affairs beyond real estate deals in other countries. And after ten months of on-the-job training, he seems no better prepared for such a responsibility.
The general in charge of America’s nuclear arsenal, John Hyten, recently said he would resist carrying out an illegal order from the president to use those weapons.
His comments echoed the ones made a few days earlier by one of his predecessors, retired Air Force Gen. Robert Kehler. At a Senate Foreign Relations Committee hearing on 14 November, Kehler asserted that nuclear operations officers would refuse to implement an unlawful order.
While the generals are no doubt military men of integrity, my four decades of experience as a diplomat and scholar of American foreign policy suggest there is no law that would make a presidential order to launch a preemptive nuclear strike on North Korea illegal.
Here’s why.
No applicable law
Congress has the constitutional responsibility for declaring war, but it has not done so since World War II. That has not prevented every president since then from engaging in military conflicts large and small. Even American participation in the Korean War was not authorized by Congress. So, the absence of a formal declaration of war against North Korea is no barrier to a nuclear strike.
The War Powers Resolution attempted to rein in the president’s prerogatives when it comes to armed conflict. It requires the president to explain to Congress why he is using military force within 60 days of his doing so. But that 1973 law has often been ignored, kicks in only months after military action has been initiated and is considered by some to be unconstitutional.
