Citation. I.C.J., Advisory Opinion, 1996 I.C.J.

266

Brief Fact Summary. An advisory opinion as to whether states are permitted to use
nuclear weapons under international law was placed before the International Court of
Justice by the U.N. General Assembly.

Synopsis of Rule of Law. Under certain circumstance, threat or use of nuclear

weapons is permitted under international law.

Facts. A request for an advisory opinion as to whether states are permitted to use
nuclear weapons under international law was laid on the table of the International Court
of Justice by the U.N. General Assembly.

Issue. Under certain circumstances, are threats or use of nuclear weapons permitted

under international law?

Held. Yes. Under certain circumstance, threat or use of nuclear weapons are permitted
under international law. The threat or use of nuclear weapons in all circumstances is not
authorized or prohibited by either the customary or conventional international nuclear
law.
Under the U.N. Charter, the threat or use of nuclear weapons would be considered legal
if all requirements of Article 51 which deals with state’s rights to self-defense are met.
However, in whatever the situation can be, a state obligation exists to pursue in good
faith and bring to a conclusion negotiations leading to nuclear disarmament in all its
aspect under strict and effective international control.

Discussion. The idea that despite steps taken by a very large part of the international
community towards complete nuclear disarmament, in which no customary rule
specifically proscribe the threat or use of nuclear weapons that exists is illustrated by
this case. Reservations about the notion that there are no imaginable circumstances
warranting their use have been expressed by too many dissenters.