What Are the Legal and Policy Implications of Conducting Preemption and Interdiction Against a Weapon of Mass Destruction?

This study examines current United States nuclear weapons policy and the legal and foreign policy aspects of preemption or interdiction against a weapon of mass destruction (nuclear), specifically when possessed by a terrorist organization in the sovereign territory of another state. The study was inspired by the concept of sovereignty, and chosen before the events of 11 September 2001. Regardless of the effects of counterproliferation and international nuclear reactor safeguard programs, a state-sponsored terrorist-delivered nuclear weapon is only a matter of time. This study will review the technical aspects of nuclear weapons and their design, deterrence, strategy, policy, and the current legal framework that exists in the international arena. Finally, this thesis will examine historical events of counterproliferation by preemption, and identify gaps or shortcomings, if any, in current United States policies. It concludes that a terrorist-produced weapon is an eventuality and proposes the sustainment of current policies.