The Nuclear Necessity Principle: Making U.S. Targeting Policy Conform with Ethics & the Laws of War

Abstract

In 2013, Obama administration spokesmen stated that all U.S. nuclear war plans “apply the principles of distinction and proportionality and seek to minimize collateral damage to civilian populations and civilian objects.” We analyze U.S. nuclear policy documents and argue that major changes must be made if U.S. nuclear war plans are to conform to these principles of just war doctrine and the law of armed conflict. We propose that the U.S. president announce a commitment to a “principle of necessity,” committing the United States not to use nuclear weapons against any military target that can be destroyed with reasonable probability of success by a conventional weapon. Such a doctrinal change would reduce collateral damage from any nuclear strike or retaliation by the United States and would, we argue, make our deterrent threats more credible and thus more effective.