Ballistic Missile Defense

Ballistic Missile Defense in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On September 2, 2011, the United States Department of State issued a press statement welcoming Turkey's decision to host a missile defense radar in support of NATO's common missile defense efforts. The press statement is available at (internet link) state.gov/r/pa/prs/ps/2011/09/171633.htm.

On September 15, 2011, the Agreement between the Government of the United States of America and the Government of the Republic of Poland Concerning the Deployment of Ground-Based Ballistic Missile Defense Interceptors in the Territory of the Republic of Poland, as amended by the 2010 Protocol, entered into force. The original agreement is discussed in World Encyclopedia of Law 2008 at 1009-11 and the 2010 Protocol is discussed in World Encyclopedia of Law 2010 at 811-12. A September 15, 2011 State Department media note provided the joint statement of the parties announcing entry into force and explaining further that:

The U.S. Ballistic Missile Defense system will be located at Redzikowo Base as a part of the European Phased Adaptive Approach to missile defense in the 2018 timeframe. This base represents a significant contribution by the U.S. two nations to a future NATO missile defense capability.

Developments

Media note, available at (internet link) state.gov/r/pa/prs/ps/2011/09/172439.htm.

On December 23, 2011, the Agreement between the Government of the United States of America and the Government of Romania on the Deployment of the United States Ballistic Missile Defense System in Romania entered into force. The United States and Romania issued a joint statement, announcing the Agreement's entry into force, available at (internet link) state.gov/r/pa/prs/ps/2011/12/179665.htm. The statement added that:

The U.S. ballistic missile defense interceptor site will be located at Deveselu Air Base as a part of the European Phased Adaptive Approach to missile defense in the 2015 timeframe. This base represents a significant contribution by the U.S. two nations to NATO's missile defense efforts.

Secretary Clinton and Romania's Foreign Minister Teodor Baconschi signed the agreement on September 13, 2011. See fact sheet, available at (internet link) state.gov/r/pa/prs/ps/2011/09/172258.htm. The text of the agreement is available at (internet link) state.gov/t/avc/trty/172915.htm

Ballistic Missile Defense in 2013

United States views on international law [1] in relation to Ballistic Missile Defense: On April 18, 2013, Deputy Assistant U.S. Secretary of State Frank Rose delivered remarks in Warsaw, Poland on implementation of the European Phased Adaptive Approach to ballistic missile defense. Mr. Rose's remarks are excerpted below and available at (Secretary of State website) state.gov/t/avc/rls/2013/207679.htm. Mr. Rose delivered similar remarks in Bucharest, Romania on May 1, 2013, available at (Secretary of State website) state.gov/t/avc/rls/2013/208667.htm.

Some Aspects of Ballistic Missile Defense

Since 2009, the United States Government has focused on carrying out the vision articulated by President Obama when he announced that the EPAA would “provide stronger, smarter, and swifter defenses of American forces and America's Allies,” while relying on “capabilities that are proven and cost-effective.”

Developments

As you know, we have made great progress in implementing the President's vision in Europe.

Details

EPAA Phase One gained its first operational elements in 2011 with the start of a sustained deployment of an Aegis BMD-capable multi-role ship to the Mediterranean and the deployment of an AN/TPY-2 radar in Turkey. With the declaration of Interim Operational Capability at the NATO Summit in Chicago, this radar transitioned to NATO operational control.

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Demonstrating their support for both NATO and the EPAA, Spain agreed in 2011 to host four U.S. Aegis-capable ships at the existing naval facility at Rota. These ships will arrive in the 2014- 2015 timeframe, in time for EPAA Phase Two.

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For Phase Two of the EPAA, we have an agreement with Romania that was ratified in December of 2011 to host a U.S. land-based SM-3 interceptor site beginning in the 2015 timeframe. This site, combined with BMD-capable ships in the Mediterranean, will enhance coverage of NATO from short- and medium-range ballistic missiles launched from the Middle East.

Ballistic Missile Defense in 2013 (Continuation)

United States views on international law [1] in relation to Ballistic Missile Defense: And finally there is Phase 3, which is centered on the first of the three host nations to ratify their hosting agreement – Poland. The Ballistic Missile Defense Agreement between the U.S. and Poland entered into force in September of 2011. This agreement places a land-based interceptor site, similar to Phase 2, in Redzikowo, and includes the SM-3 Block IIA interceptor. This EPAA Phase 3 site is on schedule and on budget for deployment in the 2018 timeframe. The interceptor site here in Poland will be key to the EPAA. Not only will it protect Poland itself, but when combined with the rest of the EPAA assets, Phase 3 will be able to protect all of NATO Europe against ballistic missile threats from the Middle East.

More about Ballistic Missile Defense

On March 15, Secretary Hagel announced changes to U.S. missile defense policy to strengthen U.S. homeland missile defenses due to the growing ballistic missile threat from Iran and North Korea. One of these policy changes is that the SM-3 IIB missile defense interceptor program—the core element of EPAA Phase 4—is being restructured into a technology development program.

Development

With the SM-3 IIB interceptor, Phase 4 would have provided an intercept capability against ICBMs launched at the U.S. homeland from the Middle East. But the SM-3 IIB program also experienced significant delays, in part due to the U.S. Congress underfunding this interceptor. So as you know, the SM-3 IIB interceptor will no longer be developed or procured. The United States will instead strengthen its homeland defense by procuring additional Ground Based Interceptors—GBIs—for deployment at our existing missile defense site in Fort Greely, Alaska.

Details

As Secretary Hagel announced, we will increase the number of deployed GBIs from the current 30 to 44, providing a nearly 50 percent increase in our capability.

The other two steps that Secretary Hagel announced include:

• Deploying, with the support of the Japanese Government, an additional AN/TPY2 radar in Japan. This will provide improved early warning and tracking of any missile launched from North Korea at the United States and/or Japan; and

• Conducting studies for a potential additional GBI site in the United States. While the Obama Administration has not made any decision on whether to proceed with an additional site, conducting these studies would shorten the timeline for construction should that decision be made.

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Finally, let me emphasize that the U.S. commitment to Phases One through Three of the EPAA and NATO missile defense remains ironclad, including the planned sites in Poland and Romania. Like the Administration, the U.S. Congress has supported, and continues to support full funding for Phases 1 through 3.

Ballistic Missile Defense

In relation to the international law practice and Ballistic Missile Defense in this world legal Encyclopedia, please see the following section:

Privileges, Immunities

About this subject:

Foreign Sovereign Immunities Act

. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about Availability of contempt sanctions

Ballistic Missile Defense

In relation to the international law practice and ballistic missile defense in this world legal Encyclopedia, please see the following section:

Arms Control, Disarmament, and Nonproliferation

Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on ballistic missile defense in this law Encyclopedia.

Resources

See Also

• Use Of Force
• Arms Control
• Disarmament
• Nonproliferation
• Ballistic Missile
• Defense

Resources

Notes

1. Ballistic Missile Defense in the Digest of United States Practice in International Law

Resources

Notes

1. Ballistic Missile Defense in the Digest of United States Practice in International Law