NATO lacks a formal mechanism to expel a member and has never suspended a member state. The North Atlantic Treaty contains no provision and makes no reference to the possibility of expelling a member. As NATO’s founding document does not make provision of a suspension option, Turkey has become unaccountable for the decisions they make and undeterred by potential of punitive actions from the alliance.
Turkey repeatedly violates the provisions of North Atlantic Treaty in:
- a) The preamble – “The Parties to this Treaty are determined to safeguard the freedom, common heritage and civilization of their peoples, founded on the principles of democracy, individual liberty and the rule of law”
- b) Article 1 – “The Parties undertake to refrain in their international relations from the threat or use the force in any manner inconsistent with the purposes of the United Nations”
- c) Article 2 – “The Parties will contribute toward the further development of friendly international relations by strengthening their free institutions”
- d) Article 8 – “Each party undertakes not to enter into any international engagement in conflict with this Treaty”
The Treaty does not provide for the suspension of a member state’s rights and the termination of its membership, in contrast to the United Nations Charter (Article 5 and 6), the Statute of the Council of Europe (Article 8) and the Treaty of European Union (Article 7). However, NATO is not merely a community of interests, but a community of rules, and despite absence of a suspension and expulsion mechanism, the statement of Dean Acheson to the Senate Committee on Foreign Relations in 1949, implies that the organization is not precluded from reconsidering a member’s participation if that member no longer shares the alliance’s objectives or is not in a position to fulfil its obligations.
The principles on which the alliance is based, democracy, individual liberty and rule of the aforementioned law, form part of the object and purpose of the North Atlantic Treaty. A failure to comply with these principles constitutes a material breach of treaty within the meaning of Article 60 of the Vienna Convention on the Law of Treaties. Pursuant to the aforesaid provision, a material breach consists of:
- a repudiation of the treaty not sanctioned by the present Convention
- the violation of a provision essential to the accomplishment of the object or purpose of the treaty
A member nation that violates in a systematic and egregious manner, the principles of its founding treaty, such as democracy or human rights, faces potential legal consequences ranging from suspension of voting rights to expulsion. Turkey is in material breach of the Treaty, and NATO may, by unanimous agreement, suspend the operation of the Treaty in whole or in part or to terminate in their relationship with breaching state (Article 60(2) of the Vienna Convention). For this purpose, a unanimous decision of the North Atlantic Council, excluding the defaulting state, would suffice without any additional procedural requirements.
In practice, the United States can initiate a formal review process of the charter by way of Article 12, taking time to work with all members of the alliance to amend the document to address the lack of suspension or expulsion clause. Alternatively, the issue may be brought before the alliance for debate in a special session or summit. Both options require consensus as NATO makes decisions based on unanimity. NATO should consider establishing a formal mechanism to suspend or expel members that fail to comply with the alliance’s values and standards of conduct.
Apart from the option of a unanimous decision derived from all members (excluding Turkey), nothing prevents a NATO nation from suspending or withdrawing its military co-operation with Turkey even without declaration that Turkey is in material breach. Allies, may suspend the sale of military equipment to Turkey, as has occurred on several occasions in the past. Overall, the absence of a clear mechanism for suspension and expulsion in the North Atlantic Treaty does not preclude the organization from suspending or terminating the membership if an Ally is found to be in material breach of the Treaty.
NATO has exhausted numerous diplomatic and political avenues, including efforts to restore unity and reinforce respect for the alliance’s founding principles. The persistent pattern of conduct attributed to Turkey leaves limited room for further maneuvering, and strengthens the argument that expulsion should be applied, particularly where a member state no longer functions in alignment with the obligations of an ally.