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Chapter 22 - Nuclear Weapons

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
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Summary

The present study was mandated by the 26th International Conference of the Red Cross and Red Crescent in December 1995. A year earlier, the UN General Assembly had asked the International Court of Justice for an advisory opinion on the following question: “Is the threat or use of nuclear weapons in any circumstance permitted under international law?” All States wishing to do so had the opportunity to express their opinion on this question, in written statements and the oral pleadings before the Court. In an advisory opinion of 8 July 1996, the International Court of Justice stated in relation to customary international law and the applicability of international humanitarian law to nuclear weapons that:

There is in neither customary nor conventional international law any specific authorization of the threat or use of nuclear weapons;

There is in neither customary nor conventional international law any comprehensive and universal prohibition of the threat or use of nuclear weapons as such;

A threat or use of nuclear weapons should also be compatible with the requirements of the international law applicable in armed conflict, particularly those of the principles and rules of international humanitarian law, as well as with specific obligations under treaties and other undertakings which expressly deal with nuclear weapons;

It follows from the above-mentioned requirements that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law; […]

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Publisher: Cambridge University Press
Print publication year: 2005

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