About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

37 Reporter 41 (2010)
Tactical Nuclear Weapons: Lawful Use in the Aftermath of the ICJ Opinion

handle is hein.journals/report37 and id is 99 raw text is: TACTICAL NUCLEAR WEAPONS LAWFUL USE IN THE AFTERMATH OF THE ICJ OPINION by Maijor Ro b ert P. Cha rim, UISAF UCLEAR WEAPONS POSE A HUGE THREAT in magnitude of damage that can be inflicted. A common misperception comes in thinking that nuclear weapons only exist in huge sizes that will annihilate entire cities. Much of this perception comes from the atom bombs dropped on Hiroshima and Nagasaki in World War II-the only nuclear weapons used in warfare to date. The majority of nuclear weapons, however, are tactical and smaller, causing much less damage. While it would be difficult to conceive that using a large, strategic nuclear weapon could withstand the scrutiny of the modern law of war, tactical nuclear weapons may be used lawfully in certain circumstances. The International Court of Justice (ICJ) issued an advisory decision on the legality of nuclear weapons in 1996, refusing to rule that nuclear weapons are per se illegal.1 In the after- math of that opinion, the use of tactical nuclear weapons meets the require- ments of the UN Charter and the law of armed conflict as lawful in certain circumstances. 'TimothyJ. Heverin, Legality oftthe Threat or Use of Nudear Weapons: Environmental and Humanitarian Limits on Self-Defense, 72 NOTRE DAME L. REv. 1277, 128) (1997). SUMMER 2010 41

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most