- Serbia, 28 May 1951 In his view, "nuclear deterrence" is an instrument of policy to which certain nuclear-weapon States, supported by those States accepting nuclear umbrella protection, adhere in their relations with other States. And the argument concerning the legal conclusions to be drawn from the use of the word "permitted", and the questions of burden of proof to which it was said to give rise, are found by the Court to be without particular significance for the disposition of the issues before it.
In this writer's opinion, therefore, the request for an advisory opinion was misconceived and the Court should not have been expected to answer such a question. This practice is within the realm of international politics and has no legal value from the standpoint of the formation of a customary rule prohibiting the use of the weapons as such. Judge Vereshchetin is of the view that the Opinion adequately reflects the current legal situation and shows the most appropriate means to putting an end to the existence of any "grey areas" in the legal status of nuclear weapons. In his view, on the basis of the existing law, particularly humanitarian law and the material available to the Court, the use of nuclear weapons in any circumstance would at the very least result in the violation of the principles and rules of that law and is therefore unlawful. For a recourse to nuclear weapons to be considered justified, however, not only would the situation have to be extreme, bur all the conditions on which the lawfulness of the exercise of the right of self-defence depends in international law, including the requirement of proportionality, would have to be met. Judge Koroma recalled that the Court had previously stated that it would: "give an opinion based on law, once it has come to the conclusion that the questions put to it are relevant and have a practical and contemporary effect, and consequently ... not devoid of object and purpose". "Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ GL No 95, [1996] ICJ Rep 226, ICGJ 205 (ICJ 1996), 8th July 1996, United Nations [UN]; International Court of Justice [ICJ]" published on by Oxford University Press. A summary of the Advisory Opinion is given below. These "givens" thus represent the advent of a consistent and uniform practice: an emergent opinio juris. It has been prepared by the Registry for the use of the Press and in no way involves the responsibility of the Court. That means that recourse to nuclear weapons could remain a justified legal option in an extreme case of individual or collective self-defence as the last resort of a State victim of an attack with nuclear, bacteriological or chemical weapons or otherwise threatening its very existence. The Court should have proceeded to a constructive analysis of the role of the General Assembly resolutions. | Countries:

Those issues are briefly considered in A.V. Those resolutions are fundamental. It is consequently important to put an end to this state of affairs: the long-promised complete nuclear disarmament appears to be the most appropriate means of achieving that result. The Opinion is not easy to follow at this point. President Bedjaoui indicated that the fact that the Court was unable to go any further should not "in any way be interpreted as leaving the way open to the recognition of the lawfulness of the threat or use of nuclear weapons". On 23 May 1993, … - Genocide The Court therefore went on to consider the question whether the use of nuclear weapons could ever be compatible with international humanitarian law, and it is here that its answer becomes particularly enigmatic. The Court's Advisory Opinion, in his view, constitutes for the first in history that a tribunal of this standing has declared and reaffirmed that the threat or use of nuclear weapons that is contrary to Article 2, paragraph 4, of the Charter prohibiting the use of force is unlawful and would be incompatible with the requirements of international law applicable in armed conflict. The PDF of this page is being created.
The purpose of the advisory function is not to settle-at least directly-disputes between States, but to offer legal advice to the organs and institutions requesting the opinion. In this connection he pointed out that the Organization dealt primarily with preventive medicine. On the other hand, after analysing the evidence, Judge Koroma came to the conclusion as the Court that nuclear weapons, when used, are incapable of distinguishing between civilians and military personnel, would result in the death of thousands if not millions of civilians, cause superfluous injury and unnecessary suffering to survivors, affect future generations, damage hospitals and contaminate the natural environment, food and drinking water, with radioactivity, thereby depriving survivors of the means of survival contrary to the Geneva Conventions of 1949 and the 1977 Additional Protocol I thereto. In his Dissenting Opinion, Judge Koroma stated that he fundamentally disagreed with the Court's finding that: "…in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively whether the threat or use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defence, in which the very survival of a State would be at stake". The legal import of that obligation goes beyond that of a mere obligation of conduct; the obligation involved here is an obligation to achieve a precise result - nuclear disarmament in all its aspects - by adopting a particular course of conduct, namely, the pursuit of negotiations on the matter in good faith. The Court's conclusion that the threat or use of nuclear weapons "generally" would be contrary to the rules of international law applicable in armed conflict "is not unreasonable.". According to him, the Court does no more than place on record the existence of a legal uncertainty. The Court begins by observing that, in view of Article 65, paragraph 1, of its Statute and of Article 96, paragraph 2, of the Charter, three conditions must be satisfied in order to found the jurisdiction of the Court when a request for an advisory opinion is submitted to it by a specialized agency: the agency requesting the opinion must be duly authorized, under the Charter, to request opinions from the Court; the opinion requested must be on a legal question; and this question must be one arising within the scope of the activities of the requesting agency.


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