Would a Retaliatory Strike Trigger Article 5?

[lisab]

Suppose a NATO country makes a first-strike against a non-NATO country. If that non-NATO country strikes back in an armed attack, is that considered an attack against all NATO countries?

In other words, would an armed attack on a NATO country that is a retaliatory strike trigger Article 5?

Article 5:
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, in exercise of the right of individual or collective self-defence recognised by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.

Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security .

http://www.nato.int/cps/en/natolive/official_texts_17120.htm

Consider the phrase " if such an armed attack occurs, each of them...will assist the Party or Parties so attacked by taking forthwith...such action as it deems necessary...". The use of "will assist" instead of "shall assist", and the phrase "...as it deems necessary" -- do these phrases give an out to NATO to not attack?

 

[Vanadium 50]

There's always an out. "Yes, the treaty says we will. But we won't. Suck it up." So I think the answer is "it depends on what the member states think".

 

[Hepth]

Yep, I read " each of them will assist the Party attacked by taking such action as it deems necessary to restore and maintain the security of the North Atlantic area."

If one doesn't deem it necessary to lift a finger, I don't see why they would be obliged.

 

[Vanadium 50]

It also may be worth pointing out the historically first strikes have been portrayed as retaliatory by their initiators. The 1939 German invasion of Poland was in "retaliation" for the Gleiwitz Incident.