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Section H is a brief analysis of international criminal law and its applicability to nuclear operations. It discusses the prohibition of genocide, crimes against humanity and war crimes, with a specific focus on the use of nuclear weapons.
Section G provides Rules and Commentaries on the legal requirements that means of nuclear warfare must be in compliance with. They include basic principles, specifically the prohibition of unnecessary suffering and superfluous injury, and the requirements emanating from the principle of distinction. The Section also addresses the prohibition of nuclear weapons that are expected to cause widespread, long-term and severe damage to the natural environment and of environmental modification techniques having similar effects. Special attention is given to the obligations under the TPNW and to the admissibility or prohibition of belligerent reprisals.
Section C examines the law on the resort to the use of force, specifically nuclear force. Accordingly, it contains Rules and Commentaries on the prohibition of the use or threat of nuclear force; the right of individual or collective self-defence, including its limitations; and enforcement measures decided upon by the UN Security Council, including those executed by regional organisations.
Section B provides an overview of certain important preliminary legal matters that are of relevance to any discussion of nuclear weapon issues. They include sovereignty and certain aspects of the law of State responsibility, including countermeasures.
Section K first provides an overview of bilateral treaties between the United States and the Russian Federation/former USSR, with New START being the only agreement remaining in force. The Section then addresses multilateral treaties and arrangements. After a brief assessment of the NPT and related instruments, it provides an in-depth analysis of the TPNW. Finally, the Section addresses UN Security Council Resolution 1540 and specific UN Security Council resolutions concerning the Democratic People’s Republic of Korea (North Korea) and Iran.
Section I provides an overview of the accessible national doctrines of select nuclear weapon States – namely, France, the United Kingdom and the United States.
Section J is an analysis of the 1996 Advisory Opinion of the International Court of Justice on the legality of the threat or use of nuclear weapons under jus ad bellum, jus in bello and international human rights law.
Section L discusses the implications of the rules and principles identified in the preceding Section for an effective NC3 system. It identifies the potential elements of an NC3 mechanism States should consider with a view to ensuring that their conduct of nuclear operations will be in compliance with their international legal obligations.
Section E seeks to show how the law on the conduct of hostilities that would apply in relation to the use of conventional weapons also applies in respect of nuclear weapon operations. The Rules and Commentaries deal with persons participating in the hostilities, who are distinguished from protected civilians, and with specific issues of naval and air warfare. The Rules and Commentaries on nuclear targeting address the notion of ‘attack’, the principle of distinction, prohibited nuclear attacks, the definition of military objectives, proportionality and active and passive precautions. As to methods of nuclear warfare, the Section addresses perfidy and ruses, the improper use of protective indicators and emblems, as well as the concept of zones. The Section further includes Rules and Commentaries on persons and objects entitled to specific protection and on the protection of the natural environment in times of armed conflict.
Section D addresses the important distinction between international and non-international armed conflict, with the vital characteristics of each being detailed.
Section A, after a brief overview of the development of international legal rules and principles pertaining to the legality of nuclear weapons, explains the purpose of the present book – that is, to examine the lawfulness of nuclear weapons, their possession, their use and deterrence policies associated with them, with a view to identifying the duties that States must fulfil in the command and control of, and in communication relating to, nuclear weapons. To that end, a definition of nuclear weapons is also provided.
Section F identifies and explains the relevant rules of the law of neutrality, such as the protection of neutral territory and the obligation of neutral States to prevent the exercise of belligerent rights in and from their territories.
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.
Chapter 1 introduces the volume. After accounting for how the idea of preparing such a book came about, the Chapter notes some of the general sources of technological and scientific innovation. The overall purpose of the book is explained and its broad structure and division into the three Parts is outlined. In the next section each of the ensuing Chapters is introduced, giving a brief synopsis of their scope and focus. Thereafter the editor and the contributing authors are introduced to the reader by means of biographical notes. After summarising the intended readership of the book, the Chapter concludes with some thoughts on how it might most profitably be used.
outlines the law that applies to new weapon technologies. It starts by noting the legal obligation for all states to review the lawfulness of new weapons and the more extensive duties of states party to Additional Protocol I. The customary superfluous injury and indiscriminate weapons principles are explained, customary and treaty rules protecting the natural environment and addressing its employment as a weapon are considered. Thereafter, specific weapon prohibitions and restrictions e.g. in relation to poisons, asphyxiating gases, chemical weapons, biological weapons, certain fragmentation weapons, particular kinds of mine and booby-trap, incendiary weapons, lasers, cluster munitions and specified types of bullet are set forth. The criteria that determine the lawfulness of weapons and that must therefore be applied during weapon reviews are noted and lessons based on past, less than successful attempts to regulate what then were emerging technologies are suggested.