World
Court Project: The
Legality of Threat or Use of Nuclear Weapons |
THE (IL)LEGALITY OF THREAT OR USE OF NUCLEAR WEAPONS: |
"Five countries cannot arrogate to themselves forever the exclusive privilege of having their fingers on the nuclear trigger.... If the laws of humanity and the dictates of the public conscience demand the prohibition of such weapons, the five nuclear-weapon states, however powerful, cannot stand against them." -- Razali Ismail, Permanent Representative of Malaysia to the United Nations, to the International Court of Justice, 7 Nov. 1995 By John Burroughs International Association Of Lawyers Against Nuclear Arms Lit Verlag, Munster, 1997; Transaction, Piscataway, NJ, 1998 ********************************** The 20th century has been defined in large part by the
unleashing of the terrible destructive power of the atom, and the subsequent struggle to
overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996
Advisory Opinion of the International Court of Justice, and the extraordinary process that
led up to it, will have played an essential role. The Legality of Threat or Use of
Nuclear Weapons is a concise yet thorough guide to the case. In straightforward
language, it describes the history of this unprecedented initiative and summarizes and
explains the Court's findings and the separate statements of the judges. Also included are
excerpts of states' arguments to the Court, including the moving testimony of the mayors
of Hiroshima. *********************************** "The threat or use of nuclear
weapons would generally be contrary to the rules of international law applicable in armed
conflict, and in particular the principles and rules of humanitarian law ... There exists
an obligation to pursue in good faith and bring to a conclusion negotiations leading to
nuclear disarmament in all its aspects under strict and effective international
control." - "This book shows how courageous states from the developing world, working in concert with visionary lawyers, physicians and other sectors of international civil society, boldly obtained astonishing results from the highest court in the world. The World Court clearly ruled that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances. The Court further underlined the unconditional obligation of the nuclear weapon states to begin and conclude negotiations on nuclear disarmament in all its aspects. It is now up to all of us to determine the follow-up, whatever the opposition. We cannot end this century without clear commitments and steps to eliminate nuclear weapons." - Razali Ismail, Permanent Representative of Malaysia to the United Nations, President of the United Nations General Assembly, 1996-1997 "It is not often that a judicial opinion on a given question is both hailed and criticized by participants on all sides of the question. This book, written by a leading member of the team that helped to prepare the case on the illegality of the threat and use of nuclear weapons, explains succinctly what the World Court, and the judges in their separate statements, did and did not say. In so doing, it makes a compelling case for the proposition that the Opinion represents a milestone on the road to nuclear abolition." - Peter Weiss, Co-President, International Association of Lawyers Against Nuclear Arms
To obtain the book, contact LCNP or visit Amazon.com.
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