[...]... operative para 1, the Assembly declared: ‘(a) The use of nuclear and thermo -nuclear weapons is contrary to the spirit, letter and aims of the United Nations and, as such, a direct violation of the Charter of the United Nations; (b) The use of nuclear and thermo -nuclear weapons would exceed even the scope of war and cause indiscriminate suffering and destruction to mankind and civilization and, as such,... thorough and extensive study on the question of the (il)legality of the employment of nuclear weapons from the point of view of international environment protection law By assessing the legality of the use of nuclear weapons under public international law, and relating it to the protection of the environment during international armed conflict, this research upholds a tradition first established by Prof Dr... request for an advisory opinion from the International Court of Justice on the legality of the use of nuclear weapons 17 A/Res/49/75 K, adopted on 15 Dec 1994, by 78 to 43, with 38 abstentions, request for an advisory opinion from the International Court of Justice on the legality of the threat of use of nuclear weapons 18 Legality of the Use by a State of Nuclear Weapons in Armed Conflict, Advisory Opinion,... contrary to the rules of international law and the laws of humanity; (c) The use of nuclear and thermo -nuclear weapons is a war directed not against an enemy or enemies alone but also against mankind in general, since the peoples of the world not involved in such a war will be subjected to all the evils generated by the use of such weapons; (d) Any State using nuclear and thermo -nuclear weapons is to... relating to the protection and safeguarding of the environment Although the use of weaponry during armed conflict is usually related to the protection of individuals, the rapidly emerging appreciation of, and the worldwide realisation of the intrinsic value of the natural environment as an indispensable asset for the continuation of life, including human life, on this planet, both for present and future... law as nuclear weapons Innumerable books, articles, resolutions, of cial statements, and memoranda have dealt with the status, function, and the (il)legality of the use and possession of this category of weapons of mass destruction’,1 and almost all of them agree that nuclear weapons are potentially the most destructive weapons ever invented It is therefore surprising that so few rules of public international. .. is during times of peace that regulation of conduct in times of armed conflict may be more easily achieved As long as nuclear weapons form part of the weapon arsenals of certain states, and Against Nuclear Arms, which is based in the Netherlands, released a draft Convention on the Prohibition of the Development, Testing, Production, Stockpiling, Transfer, Use and Threat of Use of Nuclear Weapons and. .. 1996, the International Court of Justice delivered both opinions.18 It denied the request from the WHO because the legality of the use of nuclear weapons: United Nations, as acting contrary to the laws of humanity and as committing a crime against mankind and civilization’ 13 Most prominent among these organizations were the International Physicians for the Prevention of Nuclear War (IPPNW), the International. .. number of disarmament agreements in which they agreed to actual reduction and elimination of nuclear warheads and certain nuclear weapon systems.10 Where most of these agreements regulate the possession of nuclear weapons and thereby fall under the law of peace, or ius pacis, no agreements have been concluded as to the actual use of nuclear weapons during armed conflict under ius in bello.11 Although the. .. of nuclear weapons as such; that any lawful use of nuclear weapons would have to comply both with the law relating to the use of force, or ius ad bellum, and with the law applicable during armed conflict, or ius in bello; and that: [i]t follows from the above-mentioned requirements that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed . alt="" THE USE OF NUCLEAR WEAPONS AND THE PROTECTION OF THE ENVIRONMENT DURING INTERNATIONAL ARMED CONFLICT In 1996, the International Court of Justice. from the International Court of Justice on the legality of the threat of use of nuclear weapons. 18 Legality of the Use by a State of Nuclear Weapons in Armed