Nuclear Weapons under International Law

'... the excellent expertise presented by the contributors may serve as a starting point for renewed efforts to increase consensus on what is necessary in the interest of international security and, indeed, the survival of mankind today.' Dieter Fleck, Journal of Conflict and Security Law

Gro Nystuen is a Senior Partner at the International Law and Policy Institute in Oslo where she works on public international law issues, including the ILPI Nuclear Weapons Project, humanitarian law, law of armed conflict and disarmament. She is also the Director of the ILPI Centre for International Humanitarian Law. Stuart Casey-Maslen is Head of Research at the Geneva Academy of International Humanitarian Law and Human Rights. He is an international human rights and humanitarian lawyer specialising in weapons law and the international law of law enforcement. Annie Golden Bersagel is a legal advisor at the International Law and Policy Institute, where she works on a broad range of international law issues, including human rights and corporate complicity, the laws of armed conflict, international economic transparency, and treaty law.

List of contributors; Foreword Charles Garraway; Editors' preface; Disclaimer; Introduction Gro Nystuen and Stuart Casey-Maslen; Part I. Nuclear Weapons and Jus Ad Bellum: 1. Using force by means of nuclear weapons and requirements of necessity and proportionality ad bellum Nobuo Hayashi; 2. Legality under jus ad bellum of the threat of use of nuclear weapons Nobuo Hayashi; 3. Nuclear weapons and the separation of jus ad bellum and jus in bello Jasmine Moussa; Part II. Nuclear Weapons and International Humanitarian Law: 4. The use of nuclear weapons under rules governing the conduct of hostilities Stuart Casey-Maslen; 5. Nuclear weapons and the unnecessary suffering rule Simon O'Connor; 6. Threats of use of nuclear weapons and international humanitarian law Gro Nystuen; 7. The use of nuclear weapons as a reprisal under international humanitarian law Stuart Casey-Maslen; Part III. International Criminal Law: 8. Use of nuclear weapons as genocide, a crime against humanity, or a war crime Stuart Casey-Maslen; 9. Use of nuclear weapons as an international crime and the Rome Statute of the International Criminal Court Annie Golden Bersagel; Part IV. International Environmental Law: 10. Use of nuclear weapons and protection of the environment during international armed conflict Erik V. Koppe; 11. Environmental approaches to nuclear weapons Martina Kunz and Jorge E. Viuales; 12. The testing of nuclear weapons under international law Don MacKay; Part V. International Disarmament Law: 13. International law, nuclear weapon-free zones, and the proposed zone free of weapons of mass destruction in the Middle East Marco Roscini; 14. Nuclear weapon-free zones: the political context Cecilie Hellestveit and Daniel Mekonnen; 15. The Nuclear Non-Proliferation Treaty Gro Nystuen and Torbjrn Graff Hugo; 16. The legal meaning and implications of Article VI of the Non-Proliferation Treaty Daniel H. Joyner; 17. Armed non-state actors and 'nuclear terrorism' Stuart Casey-Maslen; Part VI. International Human Rights Law: 18. Human rights law and nuclear weapons Louise Doswald-Beck; 19. The right to a remedy and reparation for the use of nuclear weapons Stuart Casey-Maslen; Part VII. The Legality of Nuclear Weapons under International Law: 20. Conclusions on the status of nuclear weapons under international law Gro Nystuen.