Legality of the Threat or Use of Nuclear Weapons

Overview of the Case

• Date of Communication: 19 December 1994
• Filed: 6 January 1995
• Request: Advisory opinion on whether the threat or use of nuclear weapons is ever permitted under international law.
• Initiated by: United Nations General Assembly resolution 49/75 K on 15 December 1994.
• Participants:
  • Written statements from 28 States.
  • Oral statements presented by 22 States during proceedings in October and November 1995.

Advisory Opinion

• Decision Date: 8 July 1996
• Court's Conclusion:
  • Jurisdiction Affirmed: Court had jurisdiction to render an opinion.
  • Relevant Law: United Nations Charter and law applicable in armed conflict, as well as specific treaties on nuclear weapons.
  • Use of Force:
    • Proportionality principle may not exclude nuclear weapons in self-defense.
    • Must comply with humanitarian law.
    • If use of force is illegal, the threat of such is also illegal.
  • Armed Conflict Law:
    • No specific prohibition on nuclear weapons in customary or conventional law.
    • No established opinio juris against nuclear weapons.
    • Emphasized principles of distinguishing combatants from non-combatants and avoiding unnecessary suffering.
    • References to Martens Clause in considering humanitarian principles.
• Controversial Conclusion:
  • Use of nuclear weapons scarcely reconcilable with armed conflict law.
  • In extreme self-defense situations, legality remains inconclusive.
  • Obligation to pursue nuclear disarmament negotiations.

Proceedings

• Written Proceedings: Various dates between May and September 1995.
• Oral Proceedings: Held from 30 October to 15 November 1995 at the Peace Palace.

Press Releases

• Key Dates:
  • 23 December 1994: Request for advisory opinion.
  • 2 February 1995: Order fixing time-limits for written statements.
  • 27 June 1995: Hearings opening announced.
  • 20 November 1995: Hearings conclusion announced.
  • 8 July 1996: Delivery of advisory opinions.

Conclusion

• The Court could not definitively conclude on the legality of nuclear weapons in extreme self-defense.
• Emphasized the necessity for nuclear disarmament under strict international control.