ANSWERS: ABM TREATY DOES NOT CONSTRAIN USA NMD DECISIONS
NO LEGAL LIMITS FROM THE ABM TREATY NOW CONSTRAIN USA NMD POLICIES
DAVID B. RIVKIN, JR. AND LEE A. CASEY, The Heritage Foundation, June 7, 2000 SIX REASONS WHY ARMS CONTROL ADVOCATES ARE WRONG: THE ABM TREATY IS NOT IN FORCE No. 1375
http://www.heritage.org/library/backgrounder/bg1375.html //VT2002acslnThere are today no legal limits on the right of the United States to build and deploy an anti-ballistic missile system to defend its citizens from ballistic missile attack, whether from former Soviet states or some other state. If there are to be limitations on mounting such a defense in the future, they can be imposed only after a new ABM treaty has been negotiated and ratified. That ratification could occur only after the U.S. Senate gave its consent by a two-thirds vote. Clearly, arms control advocates like those in the Lawyers Alliance for World Security believe the United States should be limited in its ability to deploy a ballistic missile defense system. However, in the absence of a binding ABM Treaty, deciding whether to build a national ballistic missile defense is a policy decision, not a legal one.
ABM TREATY IS BEING IGNORED NOW
Council for a Livable World 9-13-99 (DOWNLOAD) Briefing Book on Ballistic Missile Defense
http://www.clw.org/ef/bmdbook/contents.html // ACSQuestion from Senator Robb: "If you didn't have an ABM treaty are there things that you would be doing or could be doing less expensively now?"
Response from General Lyles: "In all honesty Senator Robb, there is nothing that we would do differently and just to ratify that point, we've instructed all of our contractors, particularly those who are involved in national missile defense, not even to think about any treaty implications as they're helping us to develop and test this program. I cannot think of anything significant that we would do differently."
Lt. Gen. Lester L. Lyles, Director, Ballistic Missile Defense Organization before the Senate Armed Services Committee, October 2, 1998
ABM TREATY IS NOT CONSTRAINING NATIONAL MISSILE DEFENSE DEVELOPMENT
Council for a Livable World 9-13-99 (DOWNLOAD) Briefing Book on Ballistic Missile Defense
http://www.clw.org/ef/bmdbook/contents.html // ACS"As I understand it, and as General Lyles has said, there is nothing today in the ABM treaty that is constraining what we are doing in our national missile defense program or our theater missile defense program."
General Joseph W. Ralston, USAF, Vice Chair, Joint Chiefs of Staff, before the Senate Armed Services Committee, October 2, 1998