Nuclear Weapons (original) (raw)
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The Issue of the Legality of Nuclear Weapons in International Law (Partial Article Translation)
Bahçeşehir University Law Review, 2019
There is no debate over the issue of power of nuclear weapons that would be capable of wiping out humanity and civilization. In fact, those who defend the legality of nuclear weapons over the assumption of that they help to maintain an international balance as a matter of deterrence policy thereby preventing a war between major powers; and those who defend the illegality of nuclear weapons with the acceptance of that these weapons render the civil-combatant distinction impossible, their usage would lead unnecessary sufferings and would violate many other international law norms, act upon the same characteristics of the weapon. This Article is an attempt to cover the issue of nuclear weapons from scientific, historical, international relations and international law dimensions. Advisory Opinion of the International Court of Justice given in 1996 and the distinctive characteristics of the individual opinions of all the judges will be addressed. At the end of the Article -even though it is deal within the context of nuclear weapons- “specially affected states doctrine” which is an established concept of international law will be opened for discussion and the circumstances of its first emergence and its current usage will be discussed.
2018
This thesis explores the legal rationale and political considerations for nuclear disarmament and non-proliferation of nuclear weapons. Nuclear weapons are the most dangerous weapons on earth. Only one can destroy a city, with the potentiality of killing millions and affecting the lives of a whole generation through its lasting calamitous consequences and jeopardising the natural environment. Nuclear weapons are normally classified alongside with chemical and biological weapons as Weapons of Mass Destruction (WMD) and their danger surrounds their very existence. Disarmament has been axiomatically accepted as the best safeguard against their threat, but achieving the aim of disarmament has a tremendously difficult international, socio-legal and political challenge. There are about 22,000 nuclear weapons allegedly remaining in our world today and over 2,000 nuclear tests have been conducted to date. This is to check their functionality by the Nuclear Weapon States (NWS) and to demonst...
Use of Nuclear Weapon in the International Humanitarian Law
The Scientific Research Journal, 2019
Authors have taken up the problem of application of International Humanitarian Law in legality aspect of threat of use or use of nuclear weapon in armed conflicts. Analyzing issues related to the use of nuclear weapons in accordance with the law, it can be concluded that the mere use of nuclear weapons is prohibited due to the violation of many laws. However, it is not obvious whether nuclear weapons can be used for self-defense in accordance with international law. It should be pointed out that the International Court of Justice has given an opinion on the use of nuclear weapons in armed conflicts. It is certain that the effects of nuclear weapons are in violation of provisions related to environmental protection, the principle of proportionality, the principle of humanitarianism or the principle of differentiation, due to the scale of its usage effect.
The Legality of the Threat or Use of Nuclear Weapons: analysis of the argumentation and the International Court of Justice's decision, 2016
The end of the Cold War was marked with hopes of many nations on the final elimination of nuclear weapon (NW) that had bred fear of the total elimination of humanity. First decade after the end of competition between USA and Soviet Union witnessed multiple attempts to outlaw nuclear weapons as contrary to the principles of humanity and international peace. The World Health Organization’s (WHO) request in 1993 was rejected by the International Court of Justice (ICJ) on the grounds that the motion was out of the competence of this UN body. On the other hand, ICJ accepted the General Assembly’s request of 1994 to review the legality of the threat or use of NW. In the essay we will try to analyze major lines of argumentation of both sides: the ones who propose that NW is not banned by the international law and that ones that state the illegality of NW resulting from its inherent characteristics. The following analysis will provide a chance to look at the correlations between three major sources of the international law applicable to NW: international conventional, customary and humanitarian law. The paper consists of three major parts. First part is dedicated to the analysis of the argumentation of the sides. It is based on but not limited with the written statements of the representatives of USA, UK and Solomon Islands. Second part of the work deals with the examination of the advisory opinion of the ICJ. Final and concluding part provides views of the author on the argumentation in general, the Court’s decision and perspectives of the initiative to eliminate the threat of NW.
Violations of International Law in Confronting the Production, Storage and Use of Nuclear Weapons
“In a complex geostrategic global environment issues like nuclear non-proliferation and enforcement of multiple international nuclear laws and treaties becomes even more critically important. Nations faced with serious security challenges consider nuclear weapons an ultimate deterrence against their superior adversaries in conventional weapons. This security driven global political construct have compounded the issue of nuclear proliferation even more. From a moral standpoint, the issue of nuclear non-proliferation and control regimes seems like a straight forward global obligation but today’s complex geopolitical realities are being dictated by the strategic goals of major power players in the world. Getting into the brass-tacks of historical perspective of nuclear proliferation in context of grand geo-strategy of major political forces in the world explains why the issue of nuclear proliferation is still endangering the global peace and why have we not been able to make the world a place without nuclear weapons despite adopting various control regimes. It is noteworthy fact that all members of P-5 club (US, UK, USSR, China and France) became nuclear states through proliferation in one form or other. This also explains why many of the nuclear control treaties have not been rectified by these major political players. So far, nuclear control regimes have failed to prevent the proliferation of nuclear weapons and keeping the evolving strategic developments in Middle East, Asia Pacific and South Asia in mind, it seems that this trend would continue as long as these issues would be used not for their indenting purposes but to achieve some vested interests of international power brokers. This paper examines how on one hand the campaign of nuclear non-proliferation was used by various nuclear states as a policy tool to further their own political and strategic agendas while on the other hand they proliferate or facilitate the proliferation of nuclear weapons to their allies (Israel, India) in order to secure their long term strategic goals. In this backdrop, the paper also examines the loopholes in existing nuclear control regimes and how these are being exploited. In the end, paper purposes various suggestions on regional, multilateral and international levels to make the world more secure place by making the existing control regimes more transparent and effective.”
NUCLEAR ARMS AND INTERNATIONAL LAW
I.P.O. Research Papers, 2022
CONTENTS * International law and the dilemma of lex imperfecta * Normative inconsistencies and contradictions * Unenforceability * Irrelevance * Conclusion: legality vs. morality?