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Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro's Membership in the Organization

Published online by Cambridge University Press:  29 November 2017

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Extract

Throughout Donald Trump's presidential campaign and into the first months of his presidency, he has warned that the United States' commitment to the North Atlantic Treaty Organization (NATO) may depend on whether its partner states increase their defense spending in line with previously adopted guidelines. While senior administration officials have reaffirmed U.S. commitments to the NATO alliance, including the North Atlantic Treaty's mutual defense obligation on several occasions, President Trump himself did not so until mid-June. Separately, the Trump administration signaled its support for NATO by supporting the admission of Montenegro as a new member state.

Type
International Organizations
Information
American Journal of International Law , Volume 111 , Issue 3 , July 2017 , pp. 756 - 764
Copyright
Copyright © 2017 by The American Society of International Law 

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References

1 The North Atlantic Treaty, Art. 5, Apr. 4, 1949, 63 Stat. 2241, 34 UNTS 243.

2 Id. Art. 3.

3 North Atlantic Treaty Org., Funding NATO (last updated June 2, 2017), at http://www.nato.int/cps/en/natohq/topics_67655.htm.

4 North Atlantic Treaty Org., Wales Summit Declaration, para. 14 (Sept. 5, 2014), at http://www.nato.int/cps/en/natohq/official_texts_112964.htm.

5 Id.

6 Those five countries are Estonia, Greece, Poland, the United Kingdom, and the United States. North Atlantic Treaty Org. Press Release, Defence Expenditure of NATO Countries (2009–2016), PR/CP(2017)045 (Mar. 13, 2017), available at http://www.nato.int/nato_static_fl2014/assets/pdf/pdf_2017_03/20170313_170313-pr2017-045.pdf [hereinafter Defence Expenditure of NATO Countries]. These figures are based on calculations made by NATO. Id. This press release acknowledges that, because of disputes over the definition of defense spending, see infra notes 29–34 and accompanying text, the numbers published by NATO may diverge from those published by national authorities. See also White House Press Release, Joint News Conference at NATO Headquarters, Mike Pence, Vice President of the United States, and Jens Stoltenberg, NATO Secretary General (Feb. 20, 2017), at https://www.whitehouse.gov/the-press-office/2017/02/20/remarks-vice-president-and-nato-secretary-general-stoltenberg-jpa [hereinafter February Joint News Conference].

7 February Joint News Conference, supra note 6.

8 Defence Expenditure of NATO Countries, supra note 6.

9 See, e.g., “This Week” Transcript: Donald Trump and Sen. Bernie Sanders, ABC News (Mar. 27, 2016), at http://abcnews.go.com/Politics/week-transcript-donald-trump-sen-bernie-sanders/story?id=37949498 (“I think NATO's obsolete. NATO was done at a time you had the Soviet Union, which was obviously larger, much larger than Russia is today. I'm not saying Russia's not a threat. But we have other threats. We have the threat of terrorism and NATO doesn't discuss terrorism, NATO's not meant for terrorism. NATO doesn't have the right countries in it for terrorism.”).

10 Id.

11 Ashley Parker, Donald Trump Says NATO is ‘Obsolete,’ UN is ‘Political Game,’ N.Y. Times (Apr. 2, 2016), at https://www.nytimes.com/politics/first-draft/2016/04/02/donald-trump-tells-crowd-hed-be-fine-if-nato-broke-up.

12 Id.

13 Jim Mattis, U.S. Secretary of Defense, Intervention by Secretary of Defense Mattis, Session One of the North Atlantic Council (Feb. 15, 2017), at https://nato.usmission.gov/february-15-2017-intervention-secretary-defense-mattis-session-one-north-atlantic-council; Dan Lamothe & Michael Birnbaum, Defense Secretary Mattis Issues New Ultimatum to NATO Allies on Defense Spending, Wash. Post (Feb. 15, 2017), at https://www.washingtonpost.com/news/checkpoint/wp/2017/02/15/mattis-trumps-defense-secretary-issues-ultimatum-to-nato-allies-on-defense-spending; Helene Cooper, Defense Secretary Mattis Tells NATO Allies to Spend More, or Else, N.Y. Times (Feb. 15, 2017), at https://www.nytimes.com/2017/02/15/world/europe/jim-mattis-nato-trump.html.

14 Mike Pence, Vice President of the United States, Munich Security Conference (Feb. 18, 2017), available at https://nl.usembassy.gov/remarks-vice-president-pence-munich-security-conference-february-18; February Joint News Conference, supra note 6.

15 February Joint News Conference, supra note 6.

16 Mattis, supra note 13.

17 Transcript: Donald Trump on NATO, Turkey's Coup Attempt and the World, N.Y. Times (July 21, 2016), at https://www.nytimes.com/2016/07/22/us/politics/donald-trump-foreign-policy-interview.html (On June 21, 2016, Donald Trump said “If we cannot be properly reimbursed for the tremendous cost of our military protecting other countries, and in many cases the countries I'm talking about are extremely rich… . I would prefer that we be able to continue, but if we are not going to be reasonably reimbursed for the tremendous cost of protecting these massive nations with tremendous wealth… . We're talking about countries that are doing very well. Then yes, I would be absolutely prepared to tell those countries, ‘Congratulations, you will be defending yourself.’”); see also Steven Erlanger, As Trump Era Arrives, A Sense of Uncertainty Grips the World, N.Y. Times (Jan. 16, 2017), at https://www.nytimes.com/2017/01/16/world/europe/trump-eu-nato-merkel-brexit-russia-germany-china.html.

18 North Atlantic Treaty, supra note 1, Art. 5.

19 Michael Birnbaum, A Top NATO General Echoes Trump, Calling Aspects of the Alliance ‘Obsolete,’ Wash. Post (Jan. 17, 2017), at https://www.washingtonpost.com/world/top-nato-general-aspects-of-alliance-are-obsolete-echoing-trump/2017/01/17/9a91eff0-dcd8-11e6-8902-610fe486791c_story.html; see also Michael Birnbaum, Even as Trump Seeks Warmer Ties with Russia, U.S. Deploys Troops Across Eastern Europe, Wash. Post (Jan. 30, 2017), at https://www.washingtonpost.com/world/us-troops-begin-long-planned-deployment-across-eastern-europe-even-as-trump-talks-of-cooperation-with-russia/2017/01/30/e516f508-e6f0-11e6-80c2-30e57e57e05d_story.html.

20 Rick Noack, German Defense Ministry Contradicts Trump, Says It Doesn't Owe U.S. Money for NATO, Wash. Post (Mar. 19, 2017), at https://www.washingtonpost.com/news/worldviews/wp/2017/03/19/german-defense-ministry-contradicts-trump-says-it-doesnt-owe-u-s-money-for-nato.

21 Id.

22 Donald Trump (@realDonaldTrump), Twitter (Mar. 18, 2017, 6:15 AM), at https://twitter.com/realDonaldTrump/status/843088518339612673; Donald Trump (@realDonaldTrump), Twitter (Mar. 18, 2017, 6:23 AM), at https://twitter.com/realDonaldTrump/status/843090516283723776.

23 Euan McKirdy, Germany's Defense Minister to Trump, No We Don't Owe NATO Money, CNN (Mar. 20, 2017), at http://www.cnn.com/2017/03/20/politics/nato-commitment-germany-reacts-trump.

24 Noack, supra note 20.

25 Michael Birnbaum, Trump's Calls for Europe to Increase Defense Spending Could Force Other Upheaval, Wash. Post (Feb. 15, 2017), at https://www.washingtonpost.com/world/europe/trumps-calls-for-europe-to-increase-defense-spending-could-force-other-upheaval/2017/02/15/fe257b44-efc1-11e6-a100-fdaaf400369a_story.html.

26 Id.

27 David M. Herszenhorn & Giulia Paravicini, Germany Pushes Back on Trump's NATO Demands, Politico (Mar. 31, 2017, updated Apr. 3, 2017), at http://www.politico.eu/article/germany-pushes-back-on-donald-trump-nato-demands-angela-merkel.

28 Id.

29 Noack, supra note 20.

30 Lorne Cook, U.S. Gives NATO Allies 2 Months for Defense Spending Plans, Associated Press (Mar. 31, 2017), at https://apnews.com/ce256f31a023483b8ed5d246abd49290; Robin Emmott, Europe Dodges Trump's Defense Spending Ultimatum, Reuters (Feb. 21, 2017), at http://www.reuters.com/article/us-usa-trump-nato-analysis-idUSKBN1601IF; Amanda Erickson, No, Germany Doesn't Owe America ‘Vast Sums’ of Money for NATO, Wash. Post (Mar. 18, 2017), at https://www.washingtonpost.com/news/worldviews/wp/2017/03/18/no-germany-doesnt-owe-america-vast-sums-of-money-for-nato.

31 Herszenhorn & Paravicini, supra note 27.

32 Emmott, supra note 30.

33 Erickson, supra note 30.

34 Emmott, supra note 30 (“Things look very different if we add up our defense budgets, our development aid budgets and our humanitarian efforts all around the world… . We want … a broader understanding that the word ‘stability’ in the world means defense expenditure, human aid and development aid.”).

35 White House Press Release, Joint Press Conference at White House, Donald Trump, President of the United States, and Jens Stoltenberg, NATO Secretary General, (Apr. 12, 2017), at https://www.whitehouse.gov/the-press-office/2017/04/12/joint-press-conference-president-trump-and-nato-secretary-general [hereinafter April Joint Press Conference]. Trump's comments linked his changed view to NATO's efforts to combat terrorism. Immediately before describing his changed opinion, Trump said: “The Secretary General and I had a productive discussion about what more NATO can do in the fight against terrorism. I complained about that a long time ago and they made a change, and now they do fight terrorism.” Id.

36 April Joint Press Conference, supra note 35.

37 White House Press Release, Donald Trump, U.S. President, Remarks by President Trump at NATO Unveiling of the Article 5 and Berlin Wall Memorials (May 25, 2017), at https://www.whitehouse.gov/the-press-office/2017/05/25/remarks-president-trump-nato-unveiling-article-5-and-berlin-wall.

38 Susan Glasser, Trump National Security Team Blindsided by NATO Speech, Politico (June 5, 2017), at http://www.politico.com/magazine/story/2017/06/05/trump-nato-speech-national-security-team-215227.

39 White House Press Release, Remarks by the Vice President to the Atlantic Council (June 5, 2017), at https://www.whitehouse.gov/the-press-office/2017/06/05/remarks-vice-president-atlantic-council.

40 White House Press Release, Joint Press Conference at White House, Donald Trump, President of the United States, and Klaus Iohannis, President of Romania, (June 9, 2017), at https://www.whitehouse.gov/the-press-office/2017/06/09/remarks-president-trump-and-president-iohannis-romania-joint-press.

41 Andrew Hanna, Senate Votes Overwhelmingly to Admit Montenegro to NATO, Politico (Mar. 28, 2017), at http://www.politico.com/story/2017/03/senate-approves-montenegro-nato-treaty-236606; White House Press Release, Statement By the Press Secretary on Montenegro's NATO Accession Protocol (Apr. 11, 2017), at https://www.whitehouse.gov/the-press-office/2017/04/11/statement-press-secretary-montenegros-nato-accession-protocol [hereinafter Statement on Montenegro].

42 North Atlantic Treaty, supra note 1, Art. 10.

43 North Atlantic Treaty Org., Relations with Montenegro (last updated June 12, 2017), at http://www.nato.int/cps/cs/natohq/topics_49736.htm; North Atlantic Treaty Org., Membership Action Plan (last updated June 12, 2017), at http://www.nato.int/cps/en/natohq/topics_37356.htm.

44 Steven Erlanger, NATO Unveils Plans to Grow, Drawing Fury and Threats From Russia, N.Y. Times (Dec. 2, 2015), at https://www.nytimes.com/2015/12/03/world/europe/kerry-nato-syria-russia.html; Niraj Chokshi, Trump Appears to Push Aside the Leader of Montenegro, N.Y. Times (May 25, 2017), at https://www.nytimes.com/2017/05/25/us/politics/trump-push-aside-leader-montenegro-nato-summit.html.

45 North Atlantic Treaty Org., NATO Foreign Ministers Sign Accession Protocol with Montenegro (last updated May 19, 2016), at http://www.nato.int/cps/en/natohq/news_131132.htm.

46 Whiteman, Marjorie M., 14 Dig. Int'l L. 93, 100 (1970)Google Scholar (Quoting the report of the Senate Committee on Foreign Relations dated June 6, 1949, recommending advice and consent to ratification of the North Atlantic Treaty: “Inasmuch as the admission of new members might radically alter our obligations under the pact, the committee examined article 10 very carefully. The question arose whether any United States decision respecting new members would be based solely on Presidential action or would require Senate approval. Consequently, the committee was fully satisfied by the commitment of the President, delivered by the Secretary of State, that he would consider the admission of the new member to the pact as the conclusion of a new treaty with that member and would seek the advice and consent of the Senate to each admission. The committee considers this an obligation binding upon the Presidential office.”).

47 S. Treaty Doc. No. 114-12 (2016).

48 163 Cong. Rec. S2032-02.

49 Id.; S. Exec. Rept. No. 115-1, at 8 (2017).

50 163 Cong. Rec. S1982-03 (statements of Senators Marco Rubio and Bob Corker); 163 Cong. Rec. S1981-05 (statement of Senator Mitch McConnell); 163 Cong. Rec. S2019-04 (statement of Senator Mike Lee).

51 See Statement on Montenegro, supra note 41; see also supra note 35.

52 NATO Press Release, North Atlantic Treaty Organization, Montenegro Joins NATO as 29th Ally (June 5, 2017), at http://www.nato.int/cps/en/natohq/news_144647.htm; U.S. Dep't of State Press Release, Notice to the Press, Office of the Spokesperson, U.S. Department of State, Montenegro Joins the NATO Alliance, U.S. Department of State (June 2, 2017), at https://www.state.gov/r/pa/prs/ps/2017/06/271540.htm.