Outside Publications by CNS Staff

Polonium mystery sheds light on treaty

By Igor Khripunov and William C. Potter

An article for The San Jose Mercury News.
December 26, 2006 © The San Jose Mercury News. All rights reserved.

Following the mysterious death of ex-KGB officer Alexander Litvinenko by radioactive poisoning, polonium-210 has become a household word.

The public is now familiar with the element's short half-life, alpha-emitting and heat generating properties, and military and commercial applications. Less well-appreciated is that polonium-210 belongs to a category of radioactive material covered by an international anti-terrorism accord, which could provide a useful vehicle for investigating and prosecuting those responsible for Litvinenko's death.

The International Convention for the Suppression of Acts of Nuclear Terrorism was adopted by the U.N. General Assembly without a vote in April 2005. Championed in particular by Russia, the convention has been signed by over 100 nations. Eleven have ratified the convention to date, half the number required before it enters into force. The anti-terrorism convention applies to anyone who possesses radioactive material or makes a nuclear explosive or radioactive dispersal device with the intent to cause death or serious bodily injury, with the proviso that the offense is not confined to a single state.

Although the polonium used to kill Litvinenko was not associated with a nuclear explosion, it clearly meets the definition of a radioactive dispersal device. The trail of polonium contamination, which now stretches over more than a dozen sites in at least three countries, also fits the multinational condition of the accord.

An important provision of the Nuclear Terrorism Convention is the mandate for member states to exchange accurate information appropriate ``to detect, prevent, suppress, and investigate'' nuclear terrorism offenses and `to institute criminal proceedings against persons alleged to have committed those crimes. The convention also provides guidance about extradition of criminal suspects, as well as requirements for timely in-country prosecution by competent authorities in those cases in which extradition is not obligatory. The text is especially forceful in calling upon parties to the accord to render ``the greatest measure of assistance'' in connection with investigations or criminal or extradition proceedings, including assistance in obtaining evidence at their disposal necessary for the proceedings.

President Putin signed into law a bill ratifying the Nuclear Terrorism Convention in early October 2006. Oddly, however, Russia has yet to deposit its instrument of ratification with the U.N. Secretary General as required by the convention. Nevertheless, having initiated the international accord and ratified the measure, Russia has both a moral and legal obligation to abide by its terms even though the convention has yet to enter into the force. The United Kingdom, Germany and the United States, for their part, would be on more firm ground in insisting upon Russian cooperation in the investigation of the Litvinenko case were they also to ratify the convention promptly.

Until the Nuclear Terrorism Convention is formally activated, both the United States and Russia should implement fully the Global Initiative to Combat Nuclear Terrorism adopted by Presidents Bush and Putin in July 2006. This action-oriented initiative also pledges cooperation to respond to acts of nuclear terrorism and to ensure the punishment for those responsible for such acts. However, unless it is implemented by its sponsors, this informal arrangement in support of the convention is apt to have a half-life even shorter than that of polonium-210.

Timely activation of international legal instruments is needed for national governments to combat the full range of today's nuclear terrorist threats. Failure will encourage further use of radioactive dispersal devices or even more destructive nuclear means.

IGOR KHRIPUNOV, a former Soviet diplomat, is associate director of the University of Georgia's Center for International Trade and Security.

WILLIAM C. POTTER is institute professor and director of the Monterey Institute's Center for Nonproliferation Studies. He is co-author of 'The Four Faces of Nuclear Terrorism.'

They wrote this article for the Mercury News. 2006 MercuryNews.com and wire service sources. All Rights Reserved. http://www.mercurynews.com

 

Author(s): William C. Potter
Related Resources: Nuclear, U.S.
Date Created: January 2, 2007
Date Updated: -NA-
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