PIL Duka Notes

LEGALITY OF THE THREAT OR USE OF NUCLEAR WEAPONS Advisory Opinion of 8 Juy !""#

The Court handed down its Advisory Opinion on the request made by the General Assembly of the United Nations on the question concerning the Legality of the Threat or Use of Nuclear eapons! The final paragraph of  the Opinion reads as follows" #$or these reasons% T&' COU(T )*+ ,y thirte thirteen en votes to one% one%  Decides   Decides  to comply with the request for an advisory opinion.N $A/OU(" President  ,ed0aoui ,ed0aoui- Vice President 1chwebel- Judges 1chwebel- Judges Guilla Guillaume ume%% 1hahab 1hahabudde uddeen% en% eera eeraman mantry try%% (an0eva% &erc2egh% 1hi% $leischhauer% 3oroma% /ereshchetin% /ereshchetin% $errari ,ravo% &igginsAGA.N1T" Judge AGA.N1T"  Judge Oda! )4+ Replies )4+ Replies in the foll ollowin owing g General Assembly"

mann manneer to the the ques questtion ion

put put

by the the

A! Unanimously% There There is in neithe neitherr custom customary ary nor conven conventio tional nal intern internati ationa onall law any specific authori2ation of the threat or use of nuclear weapons,! ,y eleven votes to three% There There is in neithe neitherr custom customary ary nor conven conventio tional nal intern internati ationa onall law any comprehensive and universal prohibition of the threat or use of nuclear  weapons as such.N $A/OU(" OU(" President ,ed0aoui- Vice-President 1chwebel- Judges 1chwebel- Judges Oda% Guilla Guillaume ume%% (an0ev (an0eva% a% &erc2e &erc2egh% gh% 1hi% 1hi% $leisc $leischha hhauer uer%% /ereshch reshcheti etin% n% $errari ,ravo% &igginsAGA.N1T" Judges AGA.N1T"  Judges 1hahabuddeen% eeramantry% 3oroma! C! Unanimously% A threat or use of force by means of nuclear weapons that is contrary to Article 4% paragraph 5% of the United Nations Charter and that fails to meet all the requirements of Article 6*% is unlawful-

7! Unanimously% A threat or use of nuclear weapons should also be compatible with the requir requireme ements nts of the intern internati ationa onall law applic applicabl ablee in armed armed confli conflict ct  particularly those of the principles and rules of international hu manitarian law law% as well well as with with speci specifi ficc obli obliga gati tion onss unde underr trea treati ties es and and othe other  r  underta8ings which e9pressly deal with nuclear weapons'! ,y seven votes to seven% by the :resident;s casting vote% .t follows from the above>>>>>>  1ummary of the Advisory Opinion Su$%ission of &'( r()u(s& *nd su$s()u(n& pro+(dur( )paras! *