Nuclear weapons in court

Adapted extract mainly from a leaflet by George Farebrother (World Court Project UK, 67 Summerheath Road, Hailsham, Sussex BN27 3DR; tel 0323 844 269.)

The British Government claims that nuclear weapons are not illegal!

Compare them to chemical and biological weapons, which are banned by international law because they:

- kill civilians;
- cause excessive suffering;
- severely damage the environment;
- use poison;
- violate neutral states.

Add for nuclear weapons unimaginable explosive power and radioactive poison lasting for generations. Can they be legal?

The International Court of Justice, or World Court, is the highest in the world. It decides questions of international law, as well as ruling on inter-state disputes.

In May 1993 the World Health Organisation (WHO) passed a resolution asking the Court: 'In view of the health and environmental effects, would the use of nuclear weapons by a state in war or other armed conflict be a breach of its obligations under international law, including the WHO Constitution?'

Some 30 states have made submissions to the Court. Of these a majority argue that nuclear weapons use is illegal. The Court started to hear the case in June 1995. The public hearings will take place early in 1996 with a decision expected by the end of the year.

Whilst a World Court judgement outlawing nuclear weapons would not be enforceable, nuclear weapons would be given the same stigma as chemical and biological weapons.


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