Nuclear Weapons under International Law

Nuclear Weapons under International Law

Author: Gro Nystuen

Publisher: Cambridge University Press

Published: 2014-08-28

Total Pages: 804

ISBN-13: 1139992740

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Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.


Book Synopsis Nuclear Weapons under International Law by : Gro Nystuen

Download or read book Nuclear Weapons under International Law written by Gro Nystuen and published by Cambridge University Press. This book was released on 2014-08-28 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.


Nuclear Weapons and International Humanitarian Law

Nuclear Weapons and International Humanitarian Law

Author: Sreoshi Sinha

Publisher:

Published: 2022-02-02

Total Pages: 0

ISBN-13: 9789391490713

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International Humanitarian Law (IHL) or the Law of War is a branch of international law that condemns the use of nuclear weapons as being opposed to human principles and morality. This field of international law, as promulgated by the 1949 Geneva Convention, is profoundly anchored in Conventional Treaties, Customary Law, and basic legal concepts. They are outlined in international treaties and military textbooks on "law of armed conflict." The basic standards apply generally as a matter of customary international law and hence bind all governments regardless of their allegiance to a specific treaty. IHL, which applies equally to aggressor and victim states, strives to eliminate cruelty, unnecessary suffering, and devastation, as well as to maintain the potential of achieving a just and lasting peace. Thus, bearing in mind the fundamental principles of International Humanitarian Law, this work attempts to depict and analyse the position of nuclear weapons within the current form of IHL. There has been ongoing investigation into the merits of total destruction of this unconventional type of warfare, and enormous thought has been given to the lex lata laws that apply to nuclear bombs. The book begins with the "International Court of Justice's (ICJ) 1996 Advisory Opinion on The Legality of the Threat or Use of Nuclear Weapons (Nuclear Weapons Advisory Opinion" as its starting point. This book incorporates scholarly analysis of legal issues within the context of wider political arguments over the legal status of nuclear weapons under international law.


Book Synopsis Nuclear Weapons and International Humanitarian Law by : Sreoshi Sinha

Download or read book Nuclear Weapons and International Humanitarian Law written by Sreoshi Sinha and published by . This book was released on 2022-02-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) or the Law of War is a branch of international law that condemns the use of nuclear weapons as being opposed to human principles and morality. This field of international law, as promulgated by the 1949 Geneva Convention, is profoundly anchored in Conventional Treaties, Customary Law, and basic legal concepts. They are outlined in international treaties and military textbooks on "law of armed conflict." The basic standards apply generally as a matter of customary international law and hence bind all governments regardless of their allegiance to a specific treaty. IHL, which applies equally to aggressor and victim states, strives to eliminate cruelty, unnecessary suffering, and devastation, as well as to maintain the potential of achieving a just and lasting peace. Thus, bearing in mind the fundamental principles of International Humanitarian Law, this work attempts to depict and analyse the position of nuclear weapons within the current form of IHL. There has been ongoing investigation into the merits of total destruction of this unconventional type of warfare, and enormous thought has been given to the lex lata laws that apply to nuclear bombs. The book begins with the "International Court of Justice's (ICJ) 1996 Advisory Opinion on The Legality of the Threat or Use of Nuclear Weapons (Nuclear Weapons Advisory Opinion" as its starting point. This book incorporates scholarly analysis of legal issues within the context of wider political arguments over the legal status of nuclear weapons under international law.


Nuclear Weapons Under International Law

Nuclear Weapons Under International Law

Author: Gro Nystuen

Publisher:

Published: 2014

Total Pages: 524

ISBN-13: 9781139985802

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A comprehensive treatment of nuclear weapons under key international law regimes.


Book Synopsis Nuclear Weapons Under International Law by : Gro Nystuen

Download or read book Nuclear Weapons Under International Law written by Gro Nystuen and published by . This book was released on 2014 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive treatment of nuclear weapons under key international law regimes.


The Legality of Threat Or Use of Nuclear Weapons

The Legality of Threat Or Use of Nuclear Weapons

Author: John Burroughs

Publisher: LIT Verlag Münster

Published: 1998

Total Pages: 192

ISBN-13: 9783825835163

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" ""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 ... There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control."" - Advisory Opinion of the International Court of Justice, 8 July 1996 ""This book shows how courageous states from the developing world, working in concert with visionary lawyers, physicians and other sectors of international civil society, boldly obtained astonishing results from the highest court in the world. The World Court clearly ruled that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances. The Court further underlined the unconditional obligation of the nuclear weapon states to begin and conclude negotiations on nuclear disarmament in all its aspects. It is now up to all of us to determine the follow-up, whatever the opposition. We cannot end this century without clear commitments and steps to eliminate nuclear weapons."" - Razali Ismail, Permanent Representative of Malaysia to the United Nations, President of the United Nations General Assembly, 1996-1997 ""It is not often that a judicial opinion on a given question is both hailed and criticized by participants on all sides of the question. This book, written by a leading member of the team that helped to prepare the case on the illegality of the threat and use of nuclear weapons, explains succinctly what the World Court, and the judges in their separate statements, did and did not say. In so doing, it makes a compelling case for the proposition that the Opinion represents a milestone on the road to nuclear abolition."" - Peter Weiss, Co-President, International Association of Lawyers Against Nuclear Arms The 20th century has been defined in large part by the unleashing of the terrible destructive power of the atom, and the subsequent struggle to overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996 Advisory Opinion of the International Court of Justice, and the extraordinary process that led up to it, will have played an essential role. The (Il)legality of the Threat or Use of Nuclear Weapons is a concise yet thorough guide to the case. In straightforward language, it describes the history of this unprecedented initiative and summarizes and explains states' arguments to the Court, the Court's findings, and the separate statements of the judges. The author provides cogent expert analysis and, most importantly, reveals how the opinion imparts hope and points the way to the future: "" The Court has authoritatively interpreted law which states acknowledge they must follow, including humanitarian law protecting civilians from indiscriminate effects of warfare, the United Nations Charter, and the Nuclear Non-Proliferation Treaty. The implications are profound: abandonment of reliance on the threat and use of nuclear weapons as an instrument of national policy, and expeditious elimination of nuclear arsenals. The opinion can be cited as an authoritative statement of the law in any political or legal setting - including the United Nations and national courts and parliaments - in which nuclear weapon policies are challenged."" John Burroughs, an attorney for the Western States Legal Foundation in California, served as the legal coordinator for the World Court Project/International Association of Lawyers Against Nuclear Arms at the November 1995 hearings before the International Court of Justice. "


Book Synopsis The Legality of Threat Or Use of Nuclear Weapons by : John Burroughs

Download or read book The Legality of Threat Or Use of Nuclear Weapons written by John Burroughs and published by LIT Verlag Münster. This book was released on 1998 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: " ""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 ... There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control."" - Advisory Opinion of the International Court of Justice, 8 July 1996 ""This book shows how courageous states from the developing world, working in concert with visionary lawyers, physicians and other sectors of international civil society, boldly obtained astonishing results from the highest court in the world. The World Court clearly ruled that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances. The Court further underlined the unconditional obligation of the nuclear weapon states to begin and conclude negotiations on nuclear disarmament in all its aspects. It is now up to all of us to determine the follow-up, whatever the opposition. We cannot end this century without clear commitments and steps to eliminate nuclear weapons."" - Razali Ismail, Permanent Representative of Malaysia to the United Nations, President of the United Nations General Assembly, 1996-1997 ""It is not often that a judicial opinion on a given question is both hailed and criticized by participants on all sides of the question. This book, written by a leading member of the team that helped to prepare the case on the illegality of the threat and use of nuclear weapons, explains succinctly what the World Court, and the judges in their separate statements, did and did not say. In so doing, it makes a compelling case for the proposition that the Opinion represents a milestone on the road to nuclear abolition."" - Peter Weiss, Co-President, International Association of Lawyers Against Nuclear Arms The 20th century has been defined in large part by the unleashing of the terrible destructive power of the atom, and the subsequent struggle to overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996 Advisory Opinion of the International Court of Justice, and the extraordinary process that led up to it, will have played an essential role. The (Il)legality of the Threat or Use of Nuclear Weapons is a concise yet thorough guide to the case. In straightforward language, it describes the history of this unprecedented initiative and summarizes and explains states' arguments to the Court, the Court's findings, and the separate statements of the judges. The author provides cogent expert analysis and, most importantly, reveals how the opinion imparts hope and points the way to the future: "" The Court has authoritatively interpreted law which states acknowledge they must follow, including humanitarian law protecting civilians from indiscriminate effects of warfare, the United Nations Charter, and the Nuclear Non-Proliferation Treaty. The implications are profound: abandonment of reliance on the threat and use of nuclear weapons as an instrument of national policy, and expeditious elimination of nuclear arsenals. The opinion can be cited as an authoritative statement of the law in any political or legal setting - including the United Nations and national courts and parliaments - in which nuclear weapon policies are challenged."" John Burroughs, an attorney for the Western States Legal Foundation in California, served as the legal coordinator for the World Court Project/International Association of Lawyers Against Nuclear Arms at the November 1995 hearings before the International Court of Justice. "


Tactical Nuclear Weapons in International Humanitarian Law

Tactical Nuclear Weapons in International Humanitarian Law

Author: Stefan Kirchner

Publisher: GRIN Verlag

Published: 2015-09-10

Total Pages: 20

ISBN-13: 3668043795

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Scientific Study from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This article examines the legality of tactical nuclear weapons under International Humanitarian Law. Additionally, the ideas behind the development of tactical nuclear weapons as well as their historical background during the Cold War and after 9/11 are examined. Tactical (or 'small') nuclear weapons have been developed during the Cold War and had been deployed e.g. to West Germany for possible use on the battlefield in the event of a Soviet invasion of Western Europe. After the end of the Cold War, the dangerous idea that nuclear weapons could be used on the battlefield without triggering a global thermonuclear conflict has remained relevant. It has been discussed e.g. in the context of the threat posed by the Iranian nuclear weapons program as one possible way to destroy hardened or underground targets. In this paper the issue of tactical nuclear weapons is approached from the perspective of International Humanitarian Law, the set of rules which govern the conduct of armed forces in conflict.


Book Synopsis Tactical Nuclear Weapons in International Humanitarian Law by : Stefan Kirchner

Download or read book Tactical Nuclear Weapons in International Humanitarian Law written by Stefan Kirchner and published by GRIN Verlag. This book was released on 2015-09-10 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Study from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This article examines the legality of tactical nuclear weapons under International Humanitarian Law. Additionally, the ideas behind the development of tactical nuclear weapons as well as their historical background during the Cold War and after 9/11 are examined. Tactical (or 'small') nuclear weapons have been developed during the Cold War and had been deployed e.g. to West Germany for possible use on the battlefield in the event of a Soviet invasion of Western Europe. After the end of the Cold War, the dangerous idea that nuclear weapons could be used on the battlefield without triggering a global thermonuclear conflict has remained relevant. It has been discussed e.g. in the context of the threat posed by the Iranian nuclear weapons program as one possible way to destroy hardened or underground targets. In this paper the issue of tactical nuclear weapons is approached from the perspective of International Humanitarian Law, the set of rules which govern the conduct of armed forces in conflict.


Nuclear Weapons Law

Nuclear Weapons Law

Author: William H. Boothby

Publisher: Cambridge University Press

Published: 2022-01-20

Total Pages: 245

ISBN-13: 1009059637

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This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.


Book Synopsis Nuclear Weapons Law by : William H. Boothby

Download or read book Nuclear Weapons Law written by William H. Boothby and published by Cambridge University Press. This book was released on 2022-01-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.


International Humanitarian Law

International Humanitarian Law

Author: Emily Crawford

Publisher: Cambridge University Press

Published: 2015-09-24

Total Pages: 329

ISBN-13: 1316432505

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This clear and concise textbook provides an accessible and up-to-date examination of international humanitarian law. With the aid of detailed examples, extracts from relevant cases, and useful discussion questions, students are expertly guided through the text. A recommended reading list is included in every chapter to support deeper engagement with the material. Emerging trends in theory and practice are also explored, allowing readers to build on their knowledge and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.


Book Synopsis International Humanitarian Law by : Emily Crawford

Download or read book International Humanitarian Law written by Emily Crawford and published by Cambridge University Press. This book was released on 2015-09-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and concise textbook provides an accessible and up-to-date examination of international humanitarian law. With the aid of detailed examples, extracts from relevant cases, and useful discussion questions, students are expertly guided through the text. A recommended reading list is included in every chapter to support deeper engagement with the material. Emerging trends in theory and practice are also explored, allowing readers to build on their knowledge and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.


International Humanitarian Law

International Humanitarian Law

Author: Emily Crawford

Publisher: Cambridge University Press

Published: 2024-04-30

Total Pages: 429

ISBN-13: 1009326708

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Now in its third edition, this textbook provides an accessible and up-to-date examination of international humanitarian law, with relevant cases, examples, and discussion questions. It offers students and teachers a comprehensive and logical discussion and analysis of the law, and the developing trends in theory and practice of the law.


Book Synopsis International Humanitarian Law by : Emily Crawford

Download or read book International Humanitarian Law written by Emily Crawford and published by Cambridge University Press. This book was released on 2024-04-30 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this textbook provides an accessible and up-to-date examination of international humanitarian law, with relevant cases, examples, and discussion questions. It offers students and teachers a comprehensive and logical discussion and analysis of the law, and the developing trends in theory and practice of the law.


Yearbook of International Humanitarian Law, Volume 21 (2018)

Yearbook of International Humanitarian Law, Volume 21 (2018)

Author: Terry D. Gill

Publisher: Springer Nature

Published: 2019-10-31

Total Pages: 285

ISBN-13: 9462653437

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The main theme of this volume of the Yearbook of International Humanitarian Law is weapons law. In several chapters, how International Humanitarian Law (IHL) copes with old and new weapons as well as political developments in regard to military technology is discussed, while in two chapters the significance of non- or less-lethal weapons in peace-keeping and law enforcement operations as well as the legality of lethal autonomous weapon systems under IHL are analysed. Moreover, the volume describes the current status of nuclear deterrence under international law. Another layer is added by examining how IHL influences the programming of automatic target recognition systems using artificial intelligence. The second part of the book contains a historic perspective on the roots of IHL in Europe, which can be traced back to the ninth century, as well as a Year in Review describing the most important events and legal developments in the area of IHL that took place in 2018. The Yearbook of International Humanitarian Law is the world’s only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.


Book Synopsis Yearbook of International Humanitarian Law, Volume 21 (2018) by : Terry D. Gill

Download or read book Yearbook of International Humanitarian Law, Volume 21 (2018) written by Terry D. Gill and published by Springer Nature. This book was released on 2019-10-31 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main theme of this volume of the Yearbook of International Humanitarian Law is weapons law. In several chapters, how International Humanitarian Law (IHL) copes with old and new weapons as well as political developments in regard to military technology is discussed, while in two chapters the significance of non- or less-lethal weapons in peace-keeping and law enforcement operations as well as the legality of lethal autonomous weapon systems under IHL are analysed. Moreover, the volume describes the current status of nuclear deterrence under international law. Another layer is added by examining how IHL influences the programming of automatic target recognition systems using artificial intelligence. The second part of the book contains a historic perspective on the roots of IHL in Europe, which can be traced back to the ninth century, as well as a Year in Review describing the most important events and legal developments in the area of IHL that took place in 2018. The Yearbook of International Humanitarian Law is the world’s only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.


Humanization of Arms Control

Humanization of Arms Control

Author: Daniel Rietiker

Publisher: Taylor & Francis

Published: 2017-07-06

Total Pages: 353

ISBN-13: 1315399695

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2. The use of nuclear weapons as a potential war crime


Book Synopsis Humanization of Arms Control by : Daniel Rietiker

Download or read book Humanization of Arms Control written by Daniel Rietiker and published by Taylor & Francis. This book was released on 2017-07-06 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. The use of nuclear weapons as a potential war crime