Legality of the
Threat or Use of Nuclear Weapons, International Court of Justice
ruling
LCNP, in conjunction with the International Association of Lawyers
Against nuclear Arms (IALANA), the International Peace Bureau
(IPB) and the International Physicians for the Prevention of Nuclear
War (IPPNW) led the World Court Project , a world-wide campaign
that resulted in an historic opinion from the International Court
of Justice (ICJ) in July 1996. The ICJ ruled that the threat or
use of nuclear weapons is generally illegal, and that states have
an obligation to conclude negotiations on their elimination.
Legality of the Threat or Use
of Nuclear Weapons
Legality
of the Threat or Use of Nuclear Weapons - ICJ website
Guide to the historic opinion of the ICJ
Analysis by LCNP executive director John Burroughs
The International Law Framework for Nuclear
Weapon Policy . Background and articles about the implications
of the opinion.
LCNP leads efforts for implementing the ICJ decision in the
US and internationally
Key developments:
For general information and history concerning the International
Court of Justice, see Howard Meyer, The
World Court in Action , and a
summary and review in the Santa Clara Law Review.
Legal Gap or Compliance Gap? John Burroughs and Peter Weiss , Arms Control Today , October 2015
Nuclear Weapons and the Law on Human Rights and Future Generations , report on NPT PrepCom side-event, May 1, 2018, Geneva
VIDEO
Threat or Use of Weapons of Mass Destruction and the Right to Life: Follow-up Submissions to UN Human Rights Committee , IALANA and Swiss Lawyers for Nuclear Disarmament, October 5, 2017
Legal Aspects of Reliance on Nuclear Weapons , Remarks of John Burroughs, Conference on New Dilemmas in Ethics, Technology and War, American Academy of Arts & Sciences, West Point, November 4-6, 2015
The International Criminal Court and Nuclear Weapons , Remarks by Roger S. Clark, New Zealand/Switzerland discussion on "Nuclear Weapons and International Law," October 18, 2013
Were Nuclear Weapons Born Illegal? Remarks by John Burroughs at the international seminar, Roads to Nuclear Disarmament: A Case of Convergence in Diversity , Chilean Ministry of Foreign Affairs, Santiago, January 8-9, 2015
Commentary on Transform Now Plowshares Case , Anabel Dwyer, February 2014
-
"3 peace activists sentenced for breaking into nuclear site ," Dan Zak, Washington Post , February 18, 2014
- LCNP Sentencing Letter , January 13, 2014
International Humanitarian Law Versus Nuclear Weapons , by John Burroughs, and Hope for Nuclear Abolition: The Humanitarian Perspective , by Ira Helfand and Andrew S. Kanter, Disarmament Times , Winter 2013, NGO Committee on Disarmament, Peace and Security
Event Report: Nuclear Weapons and International Law , Guy Quinlan, First Committee Monitor , Reaching Critical Will, October 21, 2013
Beyond International Humanitarian Law , Event at the Palais des Nations, Geneva, April 22, 2013, with John Burroughs, Madeleine Rees, and Paul Meyer
John Burroughs (text as prepared)
Madeleine Rees (text as delivered)
Paul Meyer (text as prepared)
How Reliance on Nuclear Weapons Erodes and Distorts International Law and Global Order , John Burroughs, Cadmus Journal, November 2012
Plus articles by LCNP board member James Ranney and others
Breaking the Nuclear Chain Webinar , November 2012 International and humanitarian law , John Burroughs
Global Rule of Law &
Abolition of Nuclear Weapons , Web Seminar, World Academy
of Art & Science, May 15, 2012
Abolition of nuclear weapons [audio], Alyn Ware
Moving
beyond deterrence [audio], John Burroughs paper
Joint
statement of 16 nations on the humanitarian dimension of nuclear
disarmament , Ambassador Benno Laggner, NPT PrepCom,
May 2, 2012, Vienna
The Humanitarian Dimension of Nuclear Disarmament , John Burroughs, First Committee Monitor , Reaching Critical Will, October 29, 2012, pp. 5-6
Working
towards the elimination of nuclear weapons , Resolution
of International Red Cross and Red Crescent Movement, November
26, 2011
Fordham International
Law Journal
Nuclear
Weapons and Compliance with International Humanitarian
Law and the Nuclear Non-Proliferation Treaty , Charles
J. Moxley, Jr., John Burroughs and Jonathan Granoff, Fordham
International Law Journal (Vol. 34, 2011)
Obama's
Nuclear Posture Review, Charles J. Moxley, Jr., Fordham
International Law Journal (Vol. 34, 2011)
Taking
the Law Seriously: The Imperative Need for a Nuclear Weapons
Convention , Peter Weiss, Fordham International Law
Journal (Vol. 34, 2011)
Vancouver Declaration
Vancouver
Declaration: Law's Imperative for the Urgent Achievement
of a Nuclear-Weapon-Free World, February 11, 2011
[In
Russian]
Signatories
to the Vancouver Declaration, February 2013
Media
Release, March 23, 2011
Nuclear
Energy and Weapons: Uncontrollable in Time and Space,
Alyn Ware, HuffPost Green, March 23, 2011
"Absolute
Prohibition of an Absolute Evil," Ernie Regehr, disarmingconflict.ca,
March 30, 2011
Law’s
Imperative, John Burroughs, Reaching Critical Will Blog,
April 15, 2011
Public
Momentum Builds Against Nukes, Haider Rizvi, IPS, March
25, 2011
International
Law, Disarmament, Women and Human Rights , Outcome of Expert
Meeting, Women’s International League for Peace and Freedom,
December 2011, Geneva
IALANA
Declaration, June 2011
Sign
Citizens’ Affirmation on Criminality of Use of Nuclear
Weapons , June 2011
The
Nuclear Question: The Church’s Teachings and the Current
State of Affairs , Remarks by Archbishop Francis Chullikatt,
Permanent Observer of the Holy See to the UN, Kansas City, MO,
July 1, 2011
Key
Points of Landmark Speech , LCNP July 2011
Delegitimizing
Nuclear Weapons , Panel Discussion, NGO Committee on Disarmament,
Peace and Security, December 6, 2010
Activists
argue for right to protest at Y-12 , Matt Lakin, Knoxville
News Sentinel, March 4, 2011
Nuclear
Weapons and Compliance with International Humanitarian Law and
the Nuclear Non-Proliferation Treaty , Charles J. Moxley,
Jr., John Burroughs and Jonathan Granoff, prepublication draft,
Fordham International Law Journal, Winter 2011
Taking
the Law Seriously: The Imperative Need for a Nuclear Weapons
Convention , Peter Weiss, prepublication draft, Fordham International
Law Journal, Winter 2011
International
Environmental Law and Nuclear Winter , Ed Chen, 2010
Debunking
the Nuclear Deterrence Myth , Kanya D'Almeida, IPS, December
9, 2010
Remarks
on Receiving the Haas Peace Award , Peter Weiss, November
8, 2010
Humanitarian
Law Versus Nuclear Weapons, UN panel, October 25. 2010,
with Peter Weiss, Jonathan Granoff, Charles Moxley, and John
Burroughs
Humanitarian
law or nuclear weapons: choose one , John Burroughs, October
4, 2010, First
Committee Monitor edited by Reaching
Critical Will
Nuclear
Weapons and the Rule of Law , Sergio Duarte, 33 Fordham Int'l
L.J. 573 (2009)
LCNP
Letter re Nuclear Posture Review and the Law , August 10,
2009
The
International Law Obligation for Nuclear and General Disarmament ,
Peter Weiss, June 26, 2009
International
Committee of the Red Cross Statement on Cluster Munitions, Landmines,
Explosive Remnants of War, and Nuclear Weapons , UN General
Assembly, First Committee, October 10, 2009: "Nuclear weapons
are unique in their destructive power, in the unspeakable human
suffering they cause, in the impossibility of controlling their
effects in space and time, in the risks of escalation and in
the threat they pose to the environment, to future generations,
indeed, to the survival of humanity. The ICRC appeals to all
States to ensure that these weapons are never used again, regardless
of their views on the legality of such use."
From
the ICJ to the IJC: Abolishing Nuclear Weapons: Lawyers' Responsibilities ,
Anabel Dwyer, Michigan International Lawyer, fall 2009, p. 8
Good Faith Negotiations
Leading to the Total Elimination of Nuclear Weapons: Request
for an Advisory Opinion from the International Court of Justice ,
International Association of Lawyers Against Nuclear Arms, International
Human Rights Clinic at Harvard Law School, May 2009
Press release
Groups
Seek World Court Opinion on Nukes , Thalif Deen, IPS, May
11, 2009
Resolution of IALANA
General Assembly , June 2009
Good
Faith, International Law, and Elimination of Nuclear Weapons ,
May 1, 2008 Conference, Geneva
Judge
Mohammed Bedjaoui , Keynote Address, May 1, 2008, Geneva
Peter Weiss ,
Remarks on Judge Bedjaoui’s Keynote Address
Professor Karima
Bennoune , The Intersection of Nuclear Weapons and
International Human Rights Law
Professor
Marcelo Kohen , Remarks
Good
Faith: A Fundamental Principle of International Law ,
John Burroughs, News
in Review , Final Edition, No. 9, 28 April – 9 May
2008
Seminar Marking the 10th Anniversary of the Nuclear Weapons Advisory Opinion of the International Court of Justice , with Judge Christopher Weeramantry, Mayor Tadatoshi Akiba, and others, Peace Palace, the Hague, July 5, 2006, pp. 7-23
The
Trident and International Law: Scotland's Obligations , Judge
Christopher Weeramantry, Edinburgh, February 3, 2009
Recent
Developments in the Illegality of Nuclear Weapons , John
Burroughs, Edinburgh, February 3, 2009
Nuclear
Free Obligations and Trident II , Anabel Dwyer, February
26, 2009, Seattle
Nuclear
fastball: Palin, Biden strike out , John Burroughs, DisarmamentActivist.org ,
October 6, 2008 - commentary on vice-presidential debate question:
Should nuclear weapons use ever be put into play?
The
Legal and Policy Imperatives for the Abolition of Nuclear Weapons ,
Statement of the Lawyers Committee on Nuclear Policy, July 2008
Ending U.S. Reliance
on Nuclear Weapons and Achieving Their Global Elimination: Wise
Policy and Required by Law , Lawyers’ Committee on Nuclear
Policy, March 2008
Good
Faith: A Fundamental Principle of International Law ,
John Burroughs, News
in Review , Final Edition, No. 9, 28 April –
9 May 2008
Trial
of the Ground Zero Three , Port Orchard, Washington,
January 2007
From
Auschwitz to Trident (YouTube), John Burroughs, Seattle
Town Hall, January 20, 2007 (slides )
The Legal Framework
for Non-Use and Elimination of Nuclear Weapons , Briefing
Paper for Greenpeace International, John Burroughs, February
2006
Legal Requirements
to Achieve Non-Proliferation and Disarmament , John
Burroughs, Article VI Forum, The Hague, March 2, 2006
Thirteen Practical
Steps: Legal or Political? , Peter Weiss, John Burroughs,
Michael Spies, May 2005
Fundamental
Legal Obligations Regarding Nuclear Weapons , Lawyers
Committee on Nuclear Policy, May 2007
LCNP Statement
on Replacement of the UK Trident System , March 2007
Peacerights
legal opinion on the replacement of the UK Trident ,
March 6, 2007
Legal
Opinion re UK Trident plans , Philippe Sands and Helen
Law, Matrix Chambers, November 13, 2006, commissioned
by Greenpeace UK
Law School Readings on Nuclear
Weapons , Iraq War
Weapons
of Mass Destruction and Human Rights , Peter Weiss
and John Burroughs, Disarmament Forum, July 2004
World Court Project
to Abolish Nuclear Weapons
Good
Faith: A Fundamental Principle of International Law ,
John Burroughs, News
in Review , Final Edition, No. 9, 28 April –
9 May 2008.
May 1, 2008, Geneva: Conference
on Good Faith, International Law, and Elimination
of Nuclear Weapons : The Once and Future Contributions
of the International Court of Justice
Aims and Contact Information
of the World Court Project to Abolish Nuclear Weapons
Sign-on Statement
of Support
Nuclear
Weapons – Abolition Under the Law , Short Briefing
Paper on Return to the International Court of Justice
Return
to the International Court of Justice: A Strategy
to Break the Stalemate , IALANA memorandum, August
2007
Good Faith Negotiation
of Nuclear Disarmament , Elizabeth Shafer, January
2008
Sign-on
Affirmation of Nuclear Freedom
Please distribute the above materials widely.
Audio for
Conference on Legal Accountability, Good Faith, and Nuclear Weapons ,
Brussels, July 2006, with Judge Weeramantry, Peter Weiss, John
Burroughs, Alyn Ware
Peacerights
Legal Opinion Re UK Trident Nuclear Missile System (pdf) ,
Rabinder Singh, QC, and Prof. Christine Chinkin, December 19,
2005
Violations of Vanunu's rights
of expression and travel: legal brief (pdf) ,
June 2005
Sacred Earth & Space Ploughshares
Case: Report by Anabel Dwyer and Alyn Ware, February 2005
Sacred Earth & Space Ploughshares
Appeal , October 1, 2004
Abolition
2000 Europe - Declaration for a Nuclear Weapon Free World
Citizen Weapon Inspections Are Supported
by Law and Common Sense : Handout for Adopt-a-Silo, Colorado,
October 2, 2004
Articles Database -- a listing of articles, books, and
papers concerning the World Court Opinion.
Lessons of Hiroshima: A Response to Kristof , by Jacqueline Cabasso and John Burroughs, August 8, 2003
2002 Nuclear Posture Review: Strategic and Legal
Ramifications , by Charles J. Moxley Jr., April 16, 2002
International Legal Ramifications of DU Weapons , by Avril McDonald, June 14, 2003
Isn't It Time We Rejoin the
World Court , by Howard Meyer, May 26, 2003
The Lawfulness of "Low-Yield," Earth-penetrating
Nuclear Weapons by John Burroughs, January 20, 2003
WMD Strategy: President Promotes Use of Nuclear Weapons?
op-ed by John Burroughs, January 1, 2003
The International Court of Justice and the Scottish High
Court: Two Views of the Illegality of Nuclear Weapons by Peter Weiss pdf-file
Confusion Confounded: The High Court's Opinion on
the Lord Advocate's Reference in the Greenock Case by Peter Weiss
Survey and Analysis of Domestic Cases in
Which Defendants Raised the Advisory Opinion of the International Court of Justice on the
Legality of the Threat or Use of Nuclear Weapons (pdf)
Legal Norms in the Real World
The International Law Framework for Nuclear Weapon
Policy
Valentine's Day Blockade of
Trident
Judge Weeramantry's Dissent
Judge Weeramantry's Singular
Contribution to International Law
Scottish Court Acquits Plougshares
"Disarmers" on basis of World Court decision.
Independent (Oct 22):
"Britain's nuclear arsenal is illegal"
Guardian (Oct 22):"Women cleared as court
rules nuclear arms illegal"
Documents:
New York County Lawyers'
Association's Report on the Unlawfulness of the Use and Threat of Use of Nuclear Weapons
(pdf)
International Court of Justice Advisory Opinion (full opinion)
Judges'Separate Statements
plus the Court's Opinion in French
Dispositif (Conclusions)of the International Court of Justice
Advisory Opinion
US House Resolution on ICJ
Decision
US Lawyers Appeal on Trident
United Nations resolutions
and documents on follow-up to the ICJ opinion: