Research Papers

Information is key for non-proliferation efforts. But the times when information was the exclusive purview of governments are over. Affordable, commercial and open-source monitoring capabilities empower states and societies alike, while challenging the ability of governments to preserve secrecy. Technological democratisation means that information is practically becoming a public good. And it allows for unprecedented transparency.

China is currently the main ballistic missile possessor and spacefaring nation which remains outside the Hague Code of Conduct against Ballistic Missile Proliferation (HCoC). This can be explained by China’s traditional opacity regarding its deployment of strategic missiles, but also its exports of ballistic systems or technologies abroad. This absence is nonetheless problematic for a regime based on voluntary transparency and confidence-building which aims at universality.

The issue of extending the scope of the Hague Code of Conduct to cruise missiles is regularly raised in academic and political discussions about the Code. Some non-subscribing States justify their refusal to join the instrument because of this exclusion, perceived as a major flaw. Indeed, cruise missiles have characteristics that can make them very effective in carrying weapons of mass destruction. It is therefore clearly of interest to consider extending the HCoC scope to these weapons.

This contribution written within the specific framework of improving the fight against the proliferation of weapons of mass destruction, recalls the respective roles of governments and private players as well as the universal general principles of export control.

Taken as a wide-ranging notion, weapons of mass destruction (WMD) have not produced significant instruments in international security over time, UNSCR1540 being an exception. As such, there are no existing WMD free zones (WMDFZ) which can be used as examples and as potential frameworks for further initiatives banning ballistic missiles.

Since the creation of the HCoC in 2002, the need for more collective commitment and action to fight the proliferation of ballistic missiles has certainly not decreased. The destabilizing nature of these weapons has not changed. Non-proliferation is just less about keeping the world stable and more about not adding a risk factor to an uncertain future. The HCoC was and remains a response to that need, but certainly not the end of the quest for improvement.

The Hague Code of Conduct (HCoC), currently the only game in town on its topic, marked its 10th anniversary in 2012. It has generated membership comfortably into three figures, and its supporters have tried valiantly to help it make progress. However, even its most enthusiastic admirers would concede that has not fulfilled the hopes and expectations of its founders when they gathered for the opening ceremony in November 2002.