Protocol to the North Atlantic Treaty

Protocol to the North Atlantic Treaty. This document is a formal international agreement that facilitates the accession of a new member state to the North Atlantic Treaty Organization. Following the Russian invasion of Ukraine in 2022, Finland and Sweden submitted applications to join the alliance, triggering the protocol process. The instrument outlines the terms and procedures for the invited nation to become a full party to the foundational North Atlantic Treaty signed in Washington, D.C. in 1949.

Background and context

The push for NATO enlargement gained unprecedented momentum following the 2022 Russian invasion of Ukraine, which fundamentally altered European security calculations. Historically neutral, Finland shares a long border with Russia and has a complex history, including the Winter War and the Continuation War. The government in Helsinki, led by President Sauli Niinistö and Prime Minister Sanna Marin, concluded that membership in the collective defense alliance was necessary for national security. This decision was mirrored by neighboring Sweden, leading to a joint application at the NATO summit in Madrid in June 2022. The alliance, under the leadership of Secretary General Jens Stoltenberg, formally issued invitations at that summit, invoking Article 10 of the North Atlantic Treaty which outlines the "open door" policy.

Key provisions and amendments

The protocol itself is a succinct document that amends the North Atlantic Treaty by adding the new member state to the list of parties in Article 10. It stipulates that upon its entry into force, the Washington Treaty and its provisions, notably the crucial Article 5 on collective defense, shall apply to the new member. The document requires the acceding state to accept all the obligations and political commitments of membership, including those undertaken in subsequent alliance decisions since 1949. It does not alter the fundamental rights or obligations of existing members but integrates the new member into the treaty's framework. The protocol also specifies that it is subject to ratification by all current member states according to their respective constitutional processes.

Signatories and ratification process

The protocol was signed in Brussels on 5 July 2022 by the permanent representatives of all thirty NATO member states at the time. The signing ceremony took place at the alliance's headquarters following the decision by the North Atlantic Council. The subsequent ratification process involved all national legislatures of the member states, including the United States Senate, the Parliament of the United Kingdom, the Bundestag in Germany, and the French Parliament. Turkey and Hungary were the final two allies to deposit their instruments of ratification, with the Turkish Parliament approving it in March 2023 and the National Assembly of Hungary following shortly after. The United States Department of State served as the depository for the ratification instruments, declaring the protocol in force on 4 April 2023.

Legal and political implications

The protocol's entry into force legally bound Finland to the principle of collective security enshrined in Article 5, meaning an attack on Finland is considered an attack on all members, including the United States and major European powers. This represented a significant shift in the European security architecture, extending NATO's border with Russia by approximately 1,340 kilometers. Politically, it marked the end of Finnish neutrality and was viewed as a strategic setback for the Kremlin, which had cited NATO expansion as a pretext for its war in Ukraine. The accession also integrated Finland's capable military, including its air force with F/A-18s and soon F-35 Lightning II aircraft, directly into NATO command structures like Allied Command Operations.

Subsequent protocols and related agreements

A separate but identical protocol was signed for the accession of Sweden, which followed a more protracted ratification process due to negotiations with Turkey and Hungary. Sweden's protocol entered into force on 7 March 2024, completing the Nordic expansion. These protocols are part of a series of such instruments used throughout the history of NATO enlargement, including those for the 1999 intake of the Czech Republic, Hungary, and Poland, and the 2004 accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia. The process is governed by the Membership Action Plan framework and requires the unanimous consent of all existing members as per the North Atlantic Treaty.

Category:NATO treaties Category:Treaties of Finland Category:2022 in international relations Category:Treaties entered into force in 2023