Suchergebnisse

This article explores the International Court of Justice's Advisory Opinion on the question of the legality of the threat or use of nuclear weapons, requested by the General Assembly. This is the first time that an international tribunal has directly addressed this issue, & jurisprudential & doctrinal divisions were visible among the judges. The conclusions that international law neither authorized nor prohibited the use or threat of nuclear weapons, that use contrary to articles of the UN Charter was unlawful, & that states should pursue nuclear disarmament represented common ground among all or almost all of the judges. A final narrow majority indicated that the use of nuclear weapons is "generally" contrary to the rules of international law, providing support, clarification, & direction for further disarmament or prohibition, although alternative interpretations are possible. L. Kehl

2 Legality under jus ad bellum of the threat of use of nuclear weaponsIntroduction; A. Background to the Advisory Opinion; 1. Threats of nuclear weapons and the legacies of the Cold War; 2. Advisory proceedings; B. Advisory Opinion; 1. The Court's findings; 2. Ambiguities; Possession, preparedness and intention; Deterrence; The 'Brownlie formula'; Threatening use of nuclear weapons within one's own territory; Non-state entities; Collective self-defence; C. Incidence, effectiveness and legality; 1. Incidence or non-incidence of threat; Threat as communicated intention.

This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area

THIS SECTION EXAMINES THOSE INSTANCES IN WHICH IT MIGHT BE CONSIDERED LEGAL ACCORDING TO INTERNATIONAL LAW FOR A NATION TO USE NUCLEAR WEAPONS, AND COUNTERARGUMENTS BY SOME INTERNATIONAL LAWYERS THAT USE OF NUCLEAR WEAPONS PER SE VIOLATES INTERNATIONAL LAW. THE POINT OF DEPARTURE FOR THE EXAMINATION OF THE LEGAL STATUS OF NUCLEAR WEAPONS IS THE RULE EMBODIED IN THE 1907 HAGUE CONVENTION ON LAND WARFARE THAT THE RIGHT OF BELLIGERENTS TO INJURE THE ENEMEY IS NOT UNLIMITED. THE CUMULATIVE EFFECT OF CONSIDERATIONS FOLLOWING FROM THIS POINT IS THAT NUCLEAR WAR CANNOT BE INITIATED WITH OBEDIENCE TO THE RULES OF INTERNATIONAL LAW.

A new nuclear arms race is underway between Russia and the United States, one that focuses on the technology of delivery of nuclear warheads. This book describes how and why this race is happening, who still possesses nuclear weapons, and what constraints apply to those weapons under international law. A global nuclear ban treaty entered into force in January 2021, but the nuclear powers kept distant. The last remaining treaty restraining the arsenals of the two nuclear superpowers will expire in less than five years' time and the risk is that other States will turn to nuclear arms for their defence, further fracturing the non-proliferation regime installed after the Cuban missile crisis.