Should The Use Of Nuclear Weapons Be Warranted As A Measure Of Self-Defense?

Following the nuclear arms race during the cold war, countries and other non-governmental organisations demanded for unequivocal regulations on the use of nuclear weapons. Subsequently, the World Health Organisation (WHO) requested for an advisory opinion by the ICJ in 1993.17 The International Court of Justice dismissed the request by WHO however on the ground that the organisation did not have mandate to request for advisory opinions as is required by the UN Charter.18 In 1994, the UN General Assembly adopted a resolution which again requested the ICJ to render a advisory opinion explaining if the "use or threat to use nuclear weapons in any circumstance is permitted under international law".19 The request was then accepted by the ICJ in
Under such reading, one may propose that the ICJ's statement on self-defence in the Nicaragua case is not applicable to the question of whether the use of nuclear weapons may be warranted as a measure of self-defence. However, prominent scholars have maintained that the emphatic statement of the ICJ regarding the use of self-defence is an immutable principle of international law.25 We may therefore argue that article 59 of the Court Statute does not explicitly prohibit a state to use nuclear weapons as a measure of
To conclude their long-lived achievement to nuclear disarmament they mention good faith as an important sphere. This is due to the fact that states keep look different at the legal status of deadly weapons, such as nuclear weapons.26 The disarmament of nuclear weapons is the courts solution to this issue. The Court put up the ‘importance of recognition’ by NPT and specific article VI that parties have an obligation to negotiate in good faith when it matters of cessation of nuclear weapons. In Marshall Island vs India case the court underline that this obligation, article VI, is an erga omnes.27 The article is consequently towards all. It also emphasized that all states has a legal interest in the area and also a corresponding obligation to achieve this. The general assembly is working for a worldwide disarmament of weapons of mass destruction and declaim that Article VI in NPT is among all states, not only NPT parties.28 In the Application towards India by Marshall islands the court concludes in customary international law, there is an obligation of nuclear disarmament when it matters in negotiation in good faith. It is important that states not only put ' serious effort to achieve the elimination of nuclear weapons' but actually as well achieve the