A Legal Examination of the International Court of Justice's 1994 Advisory Opinion About the Deployment of Nuclear Weapons
Keywords:
nuclear weapon, international law, humanitarian law, International Court of Justice, advisory voteAbstract
International law is developed in part by the International Court of Justice, a legal entity. One of the duties of the court that helps to be more effective in international law is to issue advisory opinions. The court stated in its advisory opinion that any use of force that is permissible under Article 51 of the UN Charter may be authorised. This implies that the use of nuclear weapons may also be justified by customary international law, provided that the standards for the need and proportionality of force are satisfied. The United Nations General Assembly asked the International Court to offer an advisory opinion on whether the use or threat of nuclear weapons is permitted under international law in resolution 49/75 K (1994). This request presented the Court with a unique opportunity. If the act in question (which no State has proposed) is completely illegal or always against the law (a stance that has gained some followers but has been rightfully dismissed by the majority of the Court), then a thorough analysis of those circumstances would be necessary to answer the query posed by the General Assembly. In this scientific effort, the legal dimensions of this consultative vote were investigated using analytical and library methods .
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https://www.icj-cij.org/case/95
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