Can Belarus deploy nuclear weapons without breaching Constitution?
On the next day, the ambassador had to denounce his words.
On Tuesday, Surikov noted that his words were misinterpreted. But even after he denounced his statement, numerous media has continued to discuss the topic. The European Radio for Belarus explores whether it is realistic in legal terms to deploy nuclear weapons on the territory of this country.
Mikalay Chagrynets who chairs the Senate’s Foreign Affairs and National Security Committee has assured us that there is no threat of redeploying nuclear arsenals in Belarus.
“Russia has not raised this question. Here in Belarus, this issue has never been discussed. Therefore, I think that at this stage it makes no sense to talk about this…,” he said.
“We have been a truly non-nuclear state,” Chagrynets stressed in an interview with the European Radio for Belarus.
The Belarus Constitution indeed states that we have a neutral and nuclear-free status. But the wording is very ambiguous and raises many questions.
The Constitution says: “The Republic of Belarus aims to make its territory nuclear-free and to make the state neutral”. Aiming to do something and being something are two different things. Does this wording mean that if necessary Belarus could legally deploy nuclear weapons without changing the Constitution?
We have approached several experts, including the former members of the Constitutional Court and those who passed the Constitution, to elucidate on the matter.
Lawyer Mikhail Pastukhov thinks that actions to deploy nuclear weapons on the territory of Belarus will be in conflict with the Constitution and the interests of the Republic of Belarus.
“This issue should be definitely discussed at the referendum. And the results of such a referendum must be fair, because this issue touches upon every citizen, not the state only. Only the people can decide on their fates. In my view, this issue contradicts both the Constitution and the interests of the Republic of Belarus,” he said.
In the view of Pastukhov, even with the present wording of the Constitution, Belarusians can still feel safe.
“I think this wording provides no loophole in order to bring nuclear weapons on the territory of Belarus,” he added.
Mechyslaw Gryb, the former speaker of the Belarusian parliament (Supreme Council), shares the same views. He agrees that the wording is ambiguous, yet he notes that even the aim alone to become a nuclear-free state excludes any moves to deploy nuclear weapons in Belarus.
“If we aim to become a nuclear-free country, while allowing another country to deploy nuclear weapons on our territory, this contradicts the sense of this clause in the Constitution”, he said.
At the same time, Gryb notes that the Belarusian authorities could in principle interpret the wording about the nuclear-free status according to their wishes.
Mikhail Chudakov, a former judge of the Constitutional Court, supports this viewpoint.
“If the Republic of Belarus is interested in deployment, the Constitution will not save us. At least, it will not prevent from deploying nuclear weapons in this regard,” he suggested.
Meanwhile, Ivan Makushok who serves as a spokesman for the (Belarus-Russia) union state’s Secretary General told the European Radio for Belarus that the issue of deploying nuclear weapons in Belarus would possibly be raised and stipulated in the union treaty.
“As far as I am aware of, the Belarusian side is prepared to study this issue, if Russia officially files a proposal. So far, it is not there. But this could possible be a move in respond to the deployment of the US missile defense shield in Poland,” he noted.
When told that deployment of nuclear weapons contradicts the Constitution of Belarus, Makushok noted philosophically that the weapons would belong to Russia, not Belarus.
“If there is a political will, I can assure you that it will be done quietly and legally. US nuclear missiles are stationed on the territory of Turkey, which is a nuclear-free country. This is not in conflict with either the Constitution or international laws,” he added.
