Hostname: page-component-68945f75b7-k8jzq Total loading time: 0 Render date: 2024-09-03T08:05:55.600Z Has data issue: false hasContentIssue false

Cruise Missiles (Danger to Life) Case

Germany, Federal Republic of.  16 December 1983 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

States — Conduct of foreign relations — Deployment of armed forces — Nuclear weapons — United States medium-range missiles with nuclear warheads — Declaration of consent by Government of Federal Republic of Germany to deployment on German territory within framework of nato — Whether such deployment violating constitutional right to life and health of German citizens under Article 2(2) of Basic Law of Federal Republic — Whether such deployment causing increased likelihood of nuclear war — Whether scientific criteria for determining risk ascertainable

States — Conduct of foreign relations — Foreign and defence policy of Federal Republic of Germany — Whether justiciable — Potential for increased risk of nuclear war caused by deployment of nuclear weapons in Federal Republic — Whether solely a matter for Federal Government to assess — Whether potentially increased risk of war the responsibility of Federal Republic or third State

War and armed conflict — Use of force — Collective self-defence — Weapons — Nuclear weapons — Nuclear deterrence — Deployment of nuclear weapons for defensive purposes — Legality under customary international law — State practice — Absence of generalized conviction that deployment of nuclear weapons in order to deter use of such weapons by potential enemy is unlawful

Sources of international law — Opinio juris — State practice — Requirements for emergence of rule of customary international law — Whether any rule prohibiting deployment of nuclear weapons for deterrent purposes — Basic Law of Federal Republic of Germany, Article 25 — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 1997

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)