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Evaluating Article 5 and NATO in hybrid warfare

By Anna Robinson

The current geopolitical climate has increased fears surrounding war and instability across the transatlantic. Russia’s full-scale invasion of Ukraine in 2022 has brought along with it a rapidly changing conventional mode of warfare to the European continent for the first time in decades, destabilizing a previous sense of peace. In addition to traditional warfighting, several malign actors – including revisionist actors such as Russia Federation and the People’s Republic of China – are increasingly using hybrid tactics in hopes of destabilizing the relationship between NATO members. Importantly, hybrid warfare includes tactics that fall short of traditional armed aggression but nonetheless have adverse effects against their target and broader citizenry, including disinformation and propaganda campaigns, offensive cyber operations, espionage, and attacks on critical infrastructure. Since 2022, numerous European states – such as Germany, Poland, France, and the Baltics – have identified an increase in hybrid attacks as a prominent part of this rapidly changing and uncertain threat landscape. Most recently, these attempts to breach NATO sovereignty and place a strain on partnerships have taken the form of cyber attacks, drone incursions, and disinformation campaigns. The rise in hybrid warfare has thus generated questions on how NATO may improve its collective responses to evolving tactics in such an uncertain international landscape. Article 5 remains a core part of the Alliance’s defensive operations but is facing questions regarding its overall effectiveness. This is largely due to the challenges created by grey-scale conflicts in establishing concrete and cohesive countermeasures. New types of war are challenging traditional conventions of collective defence, and require NATO to adapt. By analyzing the mechanisms of Article 5, it becomes evident that additional safeguards should be implemented to reinforce the power of collective defence.

Article 5 and NATO countermeasures

NATO was first formed in 1949 in the context of the Cold War. Its primary goal was to engage all Western partners in an attempt to shield them from influence of the Warsaw Pact. By declaring that an attack on one is an attack on all, Article 5 has constituted the foundation of the NATO alliance through its enshrining of the principle of collective defence. Article 5, however, does not define specifics of what constitutes an “armed attack,” nor what measures should be implemented when such an act occurs. The Article is intentionally vague in this respect, giving member states the room to maneuver and to respond on a case-by-case basis pursuant to a threat’s overall status. To trigger Article 5, a formal unanimous consensus must be reached among NATO members. Through its history, Article 5 has only been invoked once following the September 11, 2001 terrorist attack in New York City.

Article 4 is also an important element of collective defence, which gives members the right to call a formal consultation over security threats. Article 4 was initially triggered at the outset of Russia’s invasion of Ukraine in 2022 by Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Poland, Romania, and Slovakia. Since then, it has been triggered by Poland and Estonia in response to Russian airspace violations[KN1]. Most recently, Romanian officials discussed using Article 4 after a Russian drone hit a residential building in Galati. Article 4 is an essential tool for countries to collaborate on defence responses, which is even more important now as threats are increasingly unconventional and unprecedented.

This escalation of hybrid warfare has challenged traditional assumptions and led to questions of what collective defence may look like in the twenty-first century. Since 2016, NATO has confirmed the applicability of Article 5 to non-conventional threats, including cyber attacks. At the Madrid Summit in 2022, the Alliance adopted its first new Strategic Concept since 2010, formalizing their strategy against hybrid threats. The Alliance generally outlined their commitment to building resilience through preparedness, deterrence, and defence. Several coordinated initiatives, such as Baltic Sentry and counter-hybrid support teams, have strengthened collective resilience. NATO continues to also work at being a broad resource hub on civil preparedness; chemical, biological, radiological, and nuclear incidents; critical infrastructure; cyber defence; energy security; and international terrorism. At a glance, this signals that NATO is adopting a multitude of policies, frameworks, and teams to address threats of hybrid attacks; however, disagreements over the effectiveness of countermeasures are still present. Article 4 consultations have helped to address airspace incursions, but a wide range of other threats have yet to be formally addressed. Article 5 has thus far not been invoked. A major problem remains, however, one which does not stem from the Treaty itself but rather countermeasures that are not cohesive or consistent enough. To improve NATO’s positioning against hybrid threats, a better framework and strategy must be adopted, which can in turn clarify the use of Article 5 in grey-scale conflict.

Next steps?

A major question surrounding Article 5 is determining how severe of an attack may call for its invocation. Would it be the cutting of a major undersea cable? A large-scale hacking incident? Previous instances indicate that these threats would likely not be sufficient enough to call on collective defence. Hybrid attacks fundamentally operate below conventional thresholds on purpose. Therefore, NATO should move to assessing threats not only based on force (i.e. what hybrid tactics are equivalent to an armed attack), but rather, focus on aggregate impact on a target country. While one singular attack is unlikely to cause intensive harm, long-term campaigns are aimed at intensely eroding societal infrastructure and citizen resolve. An aggregate threat framework can provide more accurate judgements on member’s security and sovereignty.

            Another area of improvement can be further standardization of member responses based on the type of hybrid attack. Broad counter-hybrid support teams could be developed into specialized units, such as AI or cybercrime teams. Existing organizations, such as the Integrated Cyber Defence Centre and the Strategic Communications Centre of Excellence, can be leveraged to develop specialized response mechanisms. Establishing cohesive procedures in response to hybrid incidents will make it easier for the Alliance to act in coordination, which is essential in deterring ongoing Russian attempts to weaken the whole of European society. This may also lead to reduced friction among between members and narrow the gap for Russia to exploit these internal vulnerabilities and tensions. Establishing improved, specialized mechanisms regarding collective defence will also help to clarify for members how to assemble if Article 5 is triggered, and to do so in a timely fashion.  Finally, an additional recommendation is to further develop a counter-hybrid warfare strategy which goes beyond defence mechanisms to engage sectors like education, transportation, and technology.

Such a counter-hybrid strategy could follow the whole-of-nation approach, a move increasingly being embraced by many nations. The strategy could also look to establish a minimum guideline or set of requirements for member states to follow to have adequate safety net. The strategy should also target ways to improve preventative measures for member states. Integral to this will be improving intelligence-sharing and collective tracking to improve attribution. Improving attribution will help clarify who is behind such hybrid attacks. Furthermore, ensuring that countries are investing in defense or dual-use infrastructure which supports a coordinated net of European security will improve prevention.

Conclusion

NATO’s commitment to collective defense is more important than ever when addressing newly-emerging ways to fight wars in the twenty-first century. Article 5 remains a key part of this approach to security, and it should be noted its ambiguity does serve a strategic purpose. Article 4 also remains as a powerful tool for countries to leverage. However, for collective defence to be actionable in the case of grey-scale conflict, it must be supported within a strong framework that deeply engages with new offensive tactics. Without this, Article 5 can continue to be seen as vague or ineffective, which provides malign actors with more capacity to exploit vulnerabilities. These adaptations will help to improve transatlantic security from a myriad of malign actors.