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[...]... operative para 1, the Assembly declared: ‘(a) Theuseofnuclearand thermo -nuclear weapons is contrary to the spirit, letter and aims ofthe United Nations and, as such, a direct violation ofthe Charter ofthe United Nations; (b) Theuseofnuclearand thermo -nuclear weapons would exceed even the scope of war and cause indiscriminate suffering and destruction to mankind and civilization and, as such,... thorough and extensive study on the question ofthe (il)legality ofthe employment ofnuclearweapons from the point of view ofinternationalenvironmentprotection law By assessing the legality of theuseof nuclear weapons under public international law, and relating it to theprotectionoftheenvironmentduringinternationalarmed conflict, this research upholds a tradition first established by Prof Dr... request for an advisory opinion from theInternational Court of Justice on the legality of theuseof nuclear weapons 17 A/Res/49/75 K, adopted on 15 Dec 1994, by 78 to 43, with 38 abstentions, request for an advisory opinion from theInternational Court of Justice on the legality ofthe threat ofuseofnuclearweapons 18 Legality oftheUse by a State ofNuclearWeapons in Armed Conflict, Advisory Opinion,... contrary to the rules ofinternational law andthe laws of humanity; (c) Theuseofnuclearand thermo -nuclear weapons is a war directed not against an enemy or enemies alone but also against mankind in general, since the peoples ofthe world not involved in such a war will be subjected to all the evils generated by theuseof such weapons; (d) Any State using nuclearand thermo -nuclear weapons is to... relating to theprotectionand safeguarding oftheenvironment Although the useof weaponry duringarmed conflict is usually related to theprotectionof individuals, the rapidly emerging appreciation of, andthe worldwide realisation ofthe intrinsic value ofthe natural environment as an indispensable asset for the continuation of life, including human life, on this planet, both for present and future... law as nuclearweapons Innumerable books, articles, resolutions, of cial statements, and memoranda have dealt with the status, function, andthe (il)legality of theuseand possession of this category ofweaponsof mass destruction’,1 and almost all of them agree that nuclearweapons are potentially the most destructive weapons ever invented It is therefore surprising that so few rules of public international. .. is during times of peace that regulation of conduct in times ofarmed conflict may be more easily achieved As long as nuclearweapons form part ofthe weapon arsenals of certain states, and Against Nuclear Arms, which is based in the Netherlands, released a draft Convention on the Prohibition ofthe Development, Testing, Production, Stockpiling, Transfer, Useand Threat ofUseofNuclearWeapons and. .. 1996, theInternational Court of Justice delivered both opinions.18 It denied the request from the WHO because the legality of theuseof nuclear weapons: United Nations, as acting contrary to the laws of humanity and as committing a crime against mankind and civilization’ 13 Most prominent among these organizations were theInternational Physicians for the Prevention ofNuclear War (IPPNW), the International. .. number of disarmament agreements in which they agreed to actual reduction and elimination ofnuclear warheads and certain nuclear weapon systems.10 Where most of these agreements regulate the possession ofnuclearweaponsand thereby fall under the law of peace, or ius pacis, no agreements have been concluded as to the actual useofnuclearweaponsduringarmed conflict under ius in bello.11 Although the. .. ofnuclearweapons as such; that any lawful useofnuclearweapons would have to comply both with the law relating to theuseof force, or ius ad bellum, and with the law applicable duringarmed conflict, or ius in bello; and that: [i]t follows from the above-mentioned requirements that the threat or useofnuclearweapons would generally be contrary to the rules ofinternational law applicable in armed . alt=""
THE USE OF NUCLEAR WEAPONS AND
THE PROTECTION OF THE ENVIRONMENT
DURING INTERNATIONAL
ARMED CONFLICT
In 1996, the International Court of Justice. from the International Court of Justice on the legality of the threat of use
of nuclear weapons.
18
Legality of the Use by a State of Nuclear Weapons in Armed