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.

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.

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.

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. "

Download or read book The Oxford Guide to International Humanitarian Law written by Ben Saul and published by Oxford University Press. This book was released on 2020-05-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.

Download or read book The Legality of Nuclear Weapons Employment Under the International Humanitarian Law of Coercion Control written by Richard Allan Baird Price and published by . This book was released on 1987 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis analyzes the legality of nuclear weapons employment under international humanitarian law. Factual background data is given on present strategic and tactical nuclear arsenals; nuclear war strategies; targeting categories; and principle effects of nuclear weapons, including types of nuclear explosions and combined effects of multiple nuclear detonations, including the potential for environmental disaster. The legal framework is then set forth: the sources of humanitarian law (law of war); basic principles of humanitarian law (military necessity, humanity, proportionality, unnecessary suffering, and indiscriminate weapons); sanctions for violations of humanitarian norms; the impact of modern warfare; and a summary of views on the application of humanitarian norms to nuclear weapons. A tripartite analysis of the legality of nuclear weapons use is then made using express international treaty limitations, implied treaty limitations, and limitations from customary humanitarian norms. Pro and con arguments are examined in each area.

Download or read book Nuclear Weapons and International Law written by Charles J. Moxley and published by Rowman & Littlefield. This book was released on 2024-05-15 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book provides a comprehensive analysis of the lawfulness of the use of nuclear weapons, based on existing international law, established facts as to nuclear weapons and their effects, and nuclear weapons policies and plans of the United States. Based on detailed analysis of the facts and law, Professor Moxley shows that the United States’ arguments that uses of nuclear weapons, including low-yield nuclear weapons, could be lawful do not withstand analysis. Moxley opens by examining established rules of international law governing the use of nuclear weapons, first analyzing this body of law based on the United States’ own statements of the matter and then extending the analysis to include requirements of international law that the United States overlooks in its assessment of the lawfulness of potential nuclear weapons uses. He then develops in detail the known facts as to nuclear weapons and their consequences and U.S. policies and plans concerning such matters. He describes the risks of deterrence and the existential nature of the effects of nuclear war on human life and civilization. He proceeds to pull it all together, applying the law to the facts and demonstrating that known nuclear weapons effects cannot comply with such legal requirements as those of distinction, proportionality, necessity, precaution, the corollary requirement of controllability, and the law of reprisal. Moxley shows that, when the United States goes to apply international law to potential nuclear weapons uses, it distorts the law as it has itself articulated it, overlooks law in such areas as causation, risk analysis, mens rea, and per se rules, and disregards known risks as to nuclear weapons effects, including radioactive fallout, nuclear winter, electromagnetic pulses, and potential escalation. He then shows that the policy of deterrence is unlawful because the use of such weapons would be unlawful. Moxley urges that the United States and other nuclear weapons States take heed of the requirements of international law as to nuclear weapons threat and use. He argues that law can be a positive force in society’s addressing existential risks posed by nuclear weapons and the policy of nuclear deterrence.

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Download or read book Viewing Nuclear Weapons Through a Humanitarian Lens written by John Borrie and published by . This book was released on 2013 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is renewed and deep international concern about the catastrophic humanitarian consequences that would result from the detonation of nuclear weapons in populated areas. Yet 25 years after the end of the Cold War, nuclear weapons and nuclear deterrence remain central to the security doctrines of a significant number of states. Drawing on a range of perspectives, this volume explores what viewing nuclear weapons through a humanitarian lens entails, and why it is of value. Recent developments in this respect are also examined, and what these could mean for nuclear arms control in the near future.

Download or read book The Handbook of International Humanitarian Law written by Michael Bothe and published by Oxford University Press, USA. This book was released on 2013-08-29 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Download or read book The Nuclear Ban Treaty written by Ramesh Thakur and published by Routledge. This book was released on 2021-12-21 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this book describe, discuss, and evaluate the normative reframing brought about by the Treaty on the Prohibition of Nuclear Weapons (the Ban Treaty), taking you on a journey through its genesis and negotiation history to the shape of the emerging global nuclear order. Adopted by the United Nations on 7 July 2017, the Ban Treaty came into effect on 22 January 2021. For advocates and supporters, weapons that were always immoral are now also illegal. To critics, it represents a profound threat to the stability of the existing global nuclear order with the Nuclear Non-proliferation Treaty as the normative anchor. As the most significant leap in nuclear disarmament in fifty years and a rare case study of successful state-civil society partnership in multilateral diplomacy, the Ban Treaty challenges the established order. The book’s contributors are leading experts on the Ban Treaty, including senior scholars, policymakers and civil society activists. A vital guide to the Ban Treaty for students of nuclear disarmament, arms control and diplomacy as well as for policymakers in those fields.

Download or read book Preventing Nuclear War written by John Loretz and published by Routledge. This book was released on 2020-06-09 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing Nuclear War: The Medical and Humanitarian Case for the Prohibition of Nuclear Weapons provides a window into the work of the International Physicians for the Prevention of Nuclear War (IPPNW) health professionals, advocates and activists as they persuaded diplomats, parliamentarians, the media, and the public to ban nuclear weapons. Why are doctors speaking out about nuclear weapons and nuclear war, an issue that seems to be the exclusive province of diplomats, politicians, and security experts? This volume offers an answer in the unique perspective of health professionals on the nature of nuclear weapons, their medical and humanitarian consequences, and the responsibility to prevent what cannot be treated. On 7 July 2017, the UN successfully concluded negotiations on the Treaty on the Prohibition of Nuclear Weapons. The "ban treaty," emerged from a "humanitarian initiative" that shifted the focus away from deterrence-based rationales used by the nuclear-armed states and toward an evidence-based understanding of the existential threat nuclear weapons pose to humanity. Since 1980, IPPNW has been the leading medical organization primarily dedicated to the abolition of nuclear weapons. With its civil society partners in ICAN—the International Campaign to Abolish Nuclear Weapons—IPPNW brought the scientific evidence about nuclear weapons and nuclear war into the treaty negotiations and into the language of the TPNW itself. The contributors to this volume show the dedication and diverse strategies that have together made up a unified and very significant contribution to ridding the world of nuclear weapons. Reflecting honestly on what has been learnt and have the potential to contribute to wider learning outside the anti-nuclear community, Preventing Nuclear War: The Medical and Humanitarian Case for the Prohibition of Nuclear Weapons will be of great use to medical and health professionals, humanitarian professionals, and anyone wanting to work towards a more peaceful and equitable world. The chapters originally published as a special issue of Medicine, Conflict and Survival.

Download or read book Ethics and Nuclear Deterrence written by Geoffrey Goodwin and published by Routledge. This book was released on 2020-11-19 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: As nuclear weapons become ever more sophisticated, so the deterrence debate becomes increasingly complex. The ‘Ban the Bomb’ slogans of the 1950s had been replaced by cries for ‘nuclear-free zones’, and talk of ‘megatonnage’ and ‘fallout’ had given way to talk of ‘tactical’ nuclear weapons and ‘limited strike capability’. Originally published in 1982, this book considers the ethical issues raised by nuclear policies and by the debate between proponents of the multilateralist/unilateralist approaches to disarmament and arms control at the time. It is not, like so many books on the subject, an ideological statement: there are essays by defence strategists which put the case for deterrence and essays by academics and churchmen which strenuously oppose it. The book also includes an essay on attempts to mitigate the appalling brutality of the many ‘conventional’ wars since 1945. At a time when the rhetoric and misinformation produced on both sides of the debate continued to obscure many vital issues, this book was welcome, sensible and necessary.

Download or read book Judges Law and War written by Shane Darcy and published by Cambridge University Press. This book was released on 2014-08-07 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.

Download or read book A Manual on International Humanitarian Law and Arms Control Agreements written by M. Cherif Bassiouni and published by Brill Nijhoff. This book was released on 2000 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: A total of 84 documents are reproduced here including arms control agreements, regional peace and security agreements, and forces reduction agreements, as well as 34 instruments controlling particular weapons. In addition, explanatory charts help the researcher to locate instruments according to specific criteria such as penal characteristics, applicability (war and peace), and extent of ratification. Published under the Transnational Publishers imprint.

Download or read book Nuclear Weapons and Scientific Responsibility written by C.G. Weeramantry and published by BRILL. This book was released on 2021-10-11 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several years ago when this work first appeared, it had become apparent that scientists, who play such a key role in the nuclear enterprise, needed to be alerted to the many questions of conscience and legality that were inextricably interlinked with their work. These questions lay at the heart of the nuclear weapons problem, for whatever the political and military leaders might ordain, the manufacture of such weapons was a plain impossibility without the active assistance of the scientific profession. Yet no substantive work on this topic had until then been attempted. Such a work appeared at that time to be an urgent and important need. If the problem was then acute and serious, it is even more so now. The power of nuclear science has grown and with it has grown the power of the individual scientist to initiate new developments. The changes in the world order that have occurred in the intervening years enable individual scientists to hold themselves out as available for employment. Those who seek their expertise may include not only governments but other entities as well. The power of global destruction that these scientists command renders it imperative that they be alerted on a continuing basis to the problems of conscience that arise. Hence the need for a re-issue of this work, for which there had been many requests from concerned scientists, professional groups, socially concerned organisations and also from lawyers. The book is re-issued in its original form but updated by the inclusion of more recent work as contained in extracts from three judicial opinions upon the matter.

Download or read book The Handbook of Humanitarian Law in Armed Conflicts written by Dieter Fleck and published by Oxford University Press, USA. This book was released on 1999 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the most authoritative commentary and analysis of international humanitarian law applicable in armed conflict available. It is based upon the Joint Service Regulation for the German Ministry of Defence, augmented with extensive international references, and accompanied bycommentary by a team of distinguished and internationally renowned experts. Whilst the past decades have seen consistent development of international law applicable in armed conflict, culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. This Handbook available for the first time in paperback will serve as an indispensable reference source for practising lawyers and academics working in the field of international humanitarian law and for military personnel worldwide.