Hostname: page-component-7bb8b95d7b-wpx69 Total loading time: 0 Render date: 2024-09-14T13:43:48.221Z Has data issue: false hasContentIssue false

Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Request by the World Health Organization for an Advisory Opinion)

International Court of Justice.  08 July 1996 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International Court of Justice — Advisory jurisdiction — Requests by specialized agencies of the United Nations — Jurisdictional requirements — Requirement that agency be duly authorized — Requirement that question posed be a legal question — Definition of legal question — Political aspects do not necessarily preclude characterization of question as legal in nature — Political motives and implications irrelevant — Requirement that question arise within the scope of activities of the requesting agency — Role of the Court in considering request for an advisory opinion — Interpretation of question — Article 65 of the Statute of the International Court of Justice — Article 96(2) of the United Nations Charter — Agreement between United Nations and the World Health Organization (“WHO”) — WHO Constitution

International organizations — Specialized agencies of the United Nations — WHO — Competence to request advisory opinion regarding legality of using nuclear weapons — Whether question arising within the scope of the activities of WHO — Constitution of WHO — Interpretation — Approach to interpretation of constituent treaties — Nature of specialized agency — United Nations and specialized agencies as a coherent system — Position of WHO within the United Nations system — Principle of speciality

Treaties — Interpretation — Constitution of international organization — Approach to interpretation — Emphasis upon object and purpose of treaty — Subsequent practice

War and armed conflict — Nuclear weapons — Whether use of nuclear weapons prohibited by international humanitarian law — Protection of health and the environment in war and armed conflict

Type
Case Report
Copyright
© Cambridge University Press 1998

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.)