International Court of Justice and the Use of Nuclear Weapons   [open pdf - 75KB]

"This article will attempt to clarify the substance and meaning of the case known as Legality of the Threat or Use of Nuclear Weapons, one clearly unique, in terms of both import and subject matter, in the International Court of Justice's (ICJ) fifty-two-year history. The intent is to clear away some of the fog that surrounds the decision, a necessary first step for those who are charged with making, executing, or analyzing national policy. The discussion begins with a survey of how the matter came to the ICJ's attention, why the Court declined to rule in a companion case, and the decision to exercise jurisdiction. With the groundwork laid, the findings and their legal basis will be analyzed and assessed. The article will conclude with reflections on the significance of the Court's decision."

Author:Schmitt, Michael N.
Publisher:Naval War College (U.S.). Press
Copyright:Public Domain
Retrieved From:Naval War College Press: http://www.nwc.navy.mil/press
Media Type:application/pdf
Source:Naval War College Review (Spring 1998), v.51 no.2, p.91-116
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