Legality of the Threat or Use of Nuclear Weapons (Request by the United Nations General Assembly for an Advisory Opinion)

Abstract

Environment — War — Nuclear weapons — Effect of use of nuclear weapons upon the environment — Treaties for the protection of the environment — Whether applicable to military operations in time of armed conflict — Relationship between international environmental law and the law of armed conflict — Principle 24, Rio Declaration — United Nations Environmental Modification Treaty, 1977 — Additional Protocol I, 1977, Article 35(3)Human rights — War — Nuclear weapons — Whether human rights treaties applicable to military operations in time of armed conflict — Right to life — International Covenant on Civil and Political Rights, 1966 — Relationship between the law of human rights and the law of armed conflictInternational Court of Justice — Advisory jurisdiction — Request by United Nations General Assembly — Request for advisory opinion concerning whether the use or threat of use of nuclear weapons permitted under international law — Whether within the jurisdiction of the Court — United Nations Charter, Article 96(1) — Discretion of Court not to reply to question — Statute of the Court, Article 65(1) — Whether question poses a legal question — Whether motives for asking the question relevant — Role of the Court in advisory proceedings164International criminal law — Genocide — Genocide Convention, 1948 — Nuclear weapons — Whether use of nuclear weapons would constitute offence of genocideInternational organizations — United Nations — General Assembly — Competence — Security issues — Nuclear weapons — Role of the Assembly in view of involvement of the Security Council — Whether Assembly competent to request advisory opinion from the International Court of Justice — Resolutions of the General Assembly — Whether a source of law — Normative significance of resolutions in the light of the practice of StatesReprisals and countermeasures — Reprisals involving the use of force — Whether armed reprisals lawful in time of peace — Belligerent reprisals — Use of nuclear weapons — Threat to use nuclear weaponsSources of international law — Custom — Requirements of custom — Importance of actual State practice — Persistent objector principle — Opinio juris — United Nations General Assembly resolutions — Normative significance — Resolutions on the use of nuclear weaponsWar and armed conflict — Nuclear weapons — Whether use or threat to use nuclear weapons lawful — Applicable law — Relevance of law on the environment and human rights — Law regarding the use of force — Right of self-defence — Relationship between right of self-defence and law regulating the conduct of hostilities — Possible tension between law of armed conflict and right of self-defence — Restrictions on the right of self-defence — Proportionality and necessity — Concept of threat to use force — Principles of the law of armed conflict regarding weaponry and targets — Unnecessary suffering principle — Requirement that civilians and civilian objects should not be attacked — Principle of proportionality — Collateral damage — Prohibition of poison and poisoned weapons — Martens clause — Applicability to the use of nuclear weapons — Neutrality — Obligations of belligerents towards neutral States — Characteristics of nuclear weapons — Whether use of nuclear weapons ever reconcilable with law of armed conflict — Whether use of nuclear weapons lawful in extreme circumstances of self-defence