Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
whether it can be imagined that, in apply- ing these standards, the threat or use of nuclear weapons could be legal in excep- tional circumstances. It is on this question that the Court is split. By seven votes to seven, the casting vote of the President being decisive, the Court rules as follows: '... 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 ; however, in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude de- finitively whether the threat or use of nuclear weapons would be lawful or un- lawful in an extreme circumstance of self defence, in which the very survival of a state would be at stake ...' 9 The real dividing lines existing within the Court are not appropriately reflected by reference to the vote only. They invite some comment. Three judges which said that there is clearly no exception to the prohibition (Judges Shahabuddeen, Weeramantry and Koroma) voted against the holding. The four other judges voting against the ruling
Journal of International Peacekeeping – Brill
Published: Jan 1, 1996
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.