Bush vs. NATO: Another Chapter in the Upcoming Book "What Did You Do in the Pre-Emptive War, Daddy?"

The Bush Administration is attempting to undercut the legitimacy of NATO by not respecting the decisions of three members: Belgium, France and Germany. As Fred Kaplan explains Article 4 of the NATO Charter:

Article 4, which is the article in question, states that the members of NATO "will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened." The key words here are "will consult."

This morning, in response to the three countries' refusal to send arms, Turkey invoked this article and called an emergency meeting of the alliance. Initially, according to one U.S. official, Belgium, France, and Germany all tried to block even this meeting—though, toward the end of the day, they relented. Had the three persisted in opposing this meeting, then, yes, they would have been in violation of the letter and spirit of the NATO Charter. (Note that Article 4 says the members must consult whenever there's a threat merely "in the opinion of any of them." It could be a threat in the opinion of a psychotic; it doesn't have to be backed up.)

However, there is nothing in the charter that says the alliance—or every member of the alliance—must agree to send arms as a prudent measure in preparation for a preventive war. Article 5, another key provision, states, "The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them … will assist the Party or Parties so attacked …" (italics added).

The Germans, French, and Belgians note—correctly—that this armed attack has not yet occurred. At least under the terms of the NATO Charter, there is currently no attack that obliges them to come to the assistance of Turkey.