Index
Abbreviations,
ABM Treaty (1972), 198
Acts adversely affecting other states,
Additional Protocol I to the Geneva Conventions (1977)
air warfare under, 106
cancellation or suspension of nuclear operations and,
choice of targets and,
civilian objects, attack on prohibited, 85
constant care obligation and,
dams, dykes, and nuclear electrical generating stations, protection of,
distinction principle under, 81,
doubt as to status of military objectives under, 91
ICJ Advisory Opinion and, ,
indiscriminate attacks prohibited under, , 155
international armed conflicts, applicability to, 5
journalists and, 134
mercenaries under, 71
natural environment and, , 140, ,
naval warfare under, 106
neutrality indicators, improper use of,
perfidy under,
persons participating in conduct of hostilities and, 64
precautions and, , 107
protective indicators, improper use of, 130
reprisals and, 163
ruses under, 119
superfluous injury and unnecessary suffering, prohibition against, 154
survival of civilian population, protection of objects indispensable to, 137
terror attacks under, 83
US on, 185
verification of target status and, 102
warnings under, 111
Additional Protocol II to the Geneva Conventions (1977)
dams, dykes, and nuclear electrical generating stations, protection of,
distinction principle under, 81,
non-international armed conflicts, applicability to, 5,
survival of civilian population, protection of objects indispensable to, 137
terror attacks under, 83
Aggression
in ICC, , 168
in law of armed conflict generally,
neutral status, effect of UN Security Council determinations on,
Rome Statute, under, 168
UN Security Council, determinations by, , 55,
Aircraft, jurisdiction over,
Air-delivered nuclear weapons, 14
Air warfare
Additional Protocol I, under, 106
air bombardment in law of armed conflict, 4
“feasibility” construed, 106
military aircraft, 70
neutral territory, military aircraft in,
non-international armed conflicts, rules inapplicable to, 70
precautions in,
“reasonableness” construed, 106
“All necessary measures,”
Anticipatory self-defence,
Armed attack
armed groups, by,
attribution and, 42
border crossing requirement,
cyber operations as, 40,
extraterritorial attacks, 44
ICJ on,
NC3, cyber attacks on, 40,
non-state actors, by,
nuclear operations as, 41
preparation versus action,
scale and effects of,
terrorism as,
use of force distinguished, 36
weapons, use of, 40
Armed forces
as combatants, , 68
law enforcement agencies incorporated into, 67
as object of nuclear operation, 75
paramilitary forces incorporated into, 67
Armed groups
armed attack by,
as combatants, 66
international armed conflicts and,
non-international armed conflicts and, 62
as object of nuclear operation,
Auxiliary vessels, 70
Ballistic missiles, 14
Belarus, assurances regarding nuclear weapons, 184
Biological Weapons Convention (1972), 204
Blinding laser weapons, 6
Breach of the peace
neutral status, effect of determinations on,
UN Security Council, determinations by, , 55
Bush, George W., 211
Cancellation of nuclear operations,
Caroline formula, 43
“Carrying arms openly,” 67,
Chemical Weapons Convention (1993), 204
Children, conscription prohibited, 134
Civilian aircraft, 126
Civilian objects
attack on prohibited, 85
customary international law and, 85
doubt as to status of object,
international armed conflicts and, 85
military objectives reverting to, , 93
non-international armed conflicts and, 85
objects normally dedicated to civilian purposes, doubt as to status of, 92
war crime, attacking as,
Civilians
customary international law and, 73
defined, 72
“direct part in hostilities” construed,
distinction principle and,
doubt as to status of, , 78
Geneva Conventions, under, 72
journalists deemed to be, 134
levée en masse, 76
NC3, recommendations for, 217
non-international armed conflicts and, , 74
nuclear operations, in context of, 73
as object of nuclear operation, 76
survival of civilian population, protection of objects indispensable to,
war crime, attacking as,
Cluster munitions, 6
Collective self-defence,
in customary international law, 51
immediacy of forceful action and, 52
imminence of attack and, 52
necessity principle and, 52
neutrality law and, 150
proportionality principle and, 52
Combatants
armed forces as, , 68
armed groups as, 66
“carrying arms openly” construed, 67,
“fixed distinctive signs” construed, ,
Geneva Conventions, combatant status under, 65
Hague Regulations, combatant status under, 65
immunity from prosecution, 64
in international armed conflicts, 65
law enforcement agencies incorporated into armed forces as, 67
liability of noncombatants, 67
medical and religious personnel not deemed, 69
militias as,
non-international armed conflicts, combatant status inapplicable in,
paramilitary forces incorporated into armed forces as, 67
prisoner-of-war status, 65
volunteers as,
Comprehensive Nuclear-Test-Ban Treaty (1996), 182
Concurrent jurisdiction, 18
Conduct of hostilities
attack directed against adverse party, 80
conventional versus nuclear weapons in, 2
dual-use objects,
ICJ Advisory Opinion and, 189,
mercenaries,
NC3, recommendations for,
objects of nuclear operation,
persons participating in, 64
specifically protected persons, 127
TPNW and, 202
use of force distinguished, 28
Constant care obligation,
customary international law and, 101
international armed conflicts and, 101
NC3, recommendations for,
non-international armed conflicts and, 101
Conventional targeting of nuclear weapons, 2
Crimes against humanity
in ICC, , 168
in law of armed conflict generally,
murder,
nuclear operations, in context of,
in Nuremberg Tribunal, 166
Rome Statute, under, 168,
Crimes against peace, 166
Cultural property
generally, 138
AMW Manual and, 138
customary international law and, 138
defined,
Hague Cultural Property Convention,
identification of, 140
international armed conflicts and, 138
in law of armed conflict, 5
military necessity of attack on, 140
non-international armed conflicts and, 138
“protect” construed, 139
“respect” construed, 139
use for military purposes, 139
Customary international law
cancellation or suspension of nuclear operations and,
choice of means or methods of warfare and, 105
civilian objects and, 85
civilians and, 73
collective self-defence in, 51
constant care obligation and, 101
cultural property and, 138
dams, dykes, and nuclear electrical generating stations, protection of,
distinction principle in, 81
effects of attacks, precautions against, 114
enemy indicators, improper use of,
ICJ Advisory Opinion and,
journalists and, 134
law of armed conflict in, 7
mercenaries in, 71
military objectives and, 86
natural environment and, , 157
neutrality indicators, improper use of,
neutrality law in, 145
neutral territory in, 146
nuclear attack and, 79
objects of nuclear operation and, 74
perfidy and, 117
persons participating in conduct of hostilities, 64
precautions in, 107
proportionality principle in,
protection of civilians in, , 101
protective indicators, improper use of, 120
ruses in, 119
superfluous injury and unnecessary suffering, prohibition against, 154
survival of civilian population, protection of objects indispensable to, 137
UN Charter as, 28
UN emblem, unauthorized use of, 122
UN personnel, protection of, 132
use of force, prohibition against, 29
verification of target status and, 102
warnings in, 111
weapons law and,
Cyber operations as armed attack, 40,
Dams, protection of,
“Defender’s” precautions, 114
Definitions
attack, 79
children, 134
civilian, 72
civilian objects, 85
genocide,
journalists, 134
military objective, 86
nuclear attack, 79
nuclear operations, 31,
nuclear weapons, 14
reprisal,
ruses, 119
United Nations personnel, 133
use of force,
Deterrence policy, 190
“Direct part in hostilities,”
Disarmament and arms control law. See also specific Treaty or country
bilateral arms control treaties between US and Russian Federation/Soviet Union,
IAEA and, 197
Iran, UN Security Council Resolution on, 212
multilateral treaties generally,
North Korea, UN Security Council Resolution on,
proliferation of nuclear weapons and, 197
Proliferation Security Initiative (PSI), 211
UN Conference on Disarmament, 201
UN Security Council Resolutions and,
Distinction principle
Additional Protocol I, under, 81,
Additional Protocol II, under, 81,
civilians and,
in customary international law, 81
Geneva Conventions and, 81
ICJ on, 81
in international armed conflicts, 81
in law of armed conflict generally,
NC3, recommendations for, 218
in non-international armed conflicts, 81
nuclear operations, in context of,
protection of civilians and,
Tallinn Manual and, 82
Dual-use objects, , 177
Dykes, protection of,
Enemy indicators, improper use of
generally, 122
in customary international law,
in international armed conflicts,
national and military markings, 123
in naval warfare, 124
in non-international armed conflicts,
ruses distinguished,
Tallinn Manual and, 123
uniforms, 124
“while visible to the enemy” construed, 123
Enhanced radiation warheads,
Environmental Modification Convention (1977)
generally,
definitions in, 157
ICJ Advisory Opinion and, 188
natural environment and, 140
nuclear weapons and, 158
“widespread, long-lasting or severe” damage construed, 157
Exclusion zones,
Exclusive Economic Zones (EEZs) not deemed neutral territory, 147
Fissile Material Cut-Off Treaty (proposed), 201
“Fixed distinctive signs,” ,
Fragmentation weapons, 6
France
deterrence policy in, 190
on ICJ Advisory Opinion, 182
Manuel de droit des conflits armés, 182
national doctrine on nuclear weapons, 182
on NPT, 182
“nuclear statement,” 169
on reprisals, 163
on self-defence, 169
TPNW and, 192
Future developments, 2
Geneva Conventions (1949)
armed conflict versus war,
civilians under, 72
combatant status under, 65
distinction principle and, 81
ICJ Advisory Opinion and,
ICTR, prosecution of grave breaches in, 168
ICTY, prosecution of grave breaches in, 167
international armed conflicts and, 58
non-international armed conflicts and, 61
reprisals and, 162
terror attacks and, 85
universal jurisdiction and, 18
Geneva Gas Protocol (1925), 191
Genocide
defined,
in ICC, , 168
ICJ Advisory Opinion and, 188
killing members of group,
in law of armed conflict generally,
nuclear operations, in context of,
serious bodily or mental harm to members of group,
Genocide Convention, 188
Hague Cultural Property Convention (1954),
Hague Peace Conference (1899), cultural property and, 5
Hague Peace Conference (1907), cultural property and, 5
Hague Regulations (1899), poison or poisoned weapons under, 191
ICJ Advisory Opinion (1996)
Additional Protocol I and, ,
biological weapons compared,
chemical weapons compared,
conduct of hostilities and, 189,
customary international law and,
deterrence policy and, 190
Environmental Modification Convention and, 188
findings in, 195
France on, 182
Geneva Conventions and,
genocide and, 188
Genocide Convention and, 188
ICCPR and,
implications of,
international humanitarian law (IHL) and,
Martens Clause and,
natural environment and,
neutrality law and, 194
poison or poisoned weapons compared, 191
right to life and,
UK on, 183
UN General Assembly requesting, 186
use of force and,
US on, 184
Incendiary weapons, 6
Indiscriminate attacks
Additional Protocol I, prohibited under, , 155
attacks directed at persons or objects distinguished, 95
interception of attack, relevance of, 95
lawfulness of weapons and, 156
military objectives and, 156
NC3, recommendations for,
nuclear operations, in context of,
nuclear weapons, application of rule to,
prohibition against,
proportionality principle as independent of, 96
TPNW, prohibited under,
Individuals or groups of individuals
international armed conflicts and, 60
state responsibility for acts by,
In personam jurisdiction, 17
In rem jurisdiction, 17
Intermediate-Range Nuclear Forces (INF) Treaty (1987), 199
International airspace, jurisdiction in,
International armed conflicts
generally,
Additional Protocol I, applicability of, 5
armed groups and,
cancellation or suspension of nuclear operations in,
choice of means or methods of warfare in, 105
civilian objects and, 85
combatants in, 65
constant care obligation and, 101
cultural property and, 138
dams, dykes, and nuclear electrical generating stations, protection of,
determination of, 59
distinction principle in, 81
effects of attacks, precautions against, 114
enemy indicators, improper use of,
Geneva Conventions and, 58
individuals or groups of individuals and, 60
journalists and, 134
NC3, recommendations for, 217
neutrality indicators, improper use of,
nuclear attack and, 79
nuclear operations, in context of,
persons participating in conduct of hostilities, 64
precautions in, 107
proportionality principle in,
protection of civilians in, , 101
protective indicators, improper use of, 120
reprisals in, 160
ruses in, 119
state-versus-state situation required, 58
superfluous injury and unnecessary suffering, prohibition against, 154
survival of civilian population, protection of objects indispensable to, 137
terror attacks and, 83
threshold of violence, 58
ultra vires acts as,
UN emblem, unauthorized use of, 122
UN personnel, protection of, 132
verification of target status in, 102
warnings in, 111
International Atomic Energy Agency (IAEA)
disarmament and arms control law and, 197
Iran and, 212
NPT and, 201
TPNW and, , 210
International Committee of the Red Cross (ICRC)
on armed conflict,
law of armed conflict and, 7
on protection of civilians, 77
International Court of Justice (ICJ)
on armed attack,
Continental Shelf case, 192
on distinction principle, 81
DRC v. Uganda case, 187
on humanitarian nature of law of armed conflict, 154
Palestinian Wall case, 187
on state responsibility, 23
on threat of force,
on use of force, , 31
International Covenant on Civil and Political Rights (ICCPR),
International Criminal Court (ICC)
aggression in, , 168
crimes against humanity in, , 168
genocide in, , 168
Rules of Procedure and Evidence, 166
war crimes in, , 168
International criminal law. See also specific Court or Tribunal
generally, 10
historical background, 165
law of armed conflict and,
nuclear operations, in context of, 165
International Criminal Tribunal for Rwanda (ICTR)
Geneva Conventions, grave breaches of, 168
international criminal law and, 168
war crimes and, 7
International Criminal Tribunal for the former Yugoslavia (ICTY)
on armed conflict, 58
Geneva Conventions, grave breaches of, 167
international criminal law and, 167
on non-international armed conflicts, 62
on state responsibility, 23
war crimes in, 7
Iran
disarmament and arms control law and, 212
IAEA and, 212
Joint Comprehensive Plan of Action and, 212
sanctions against, 212
UN Security Council Resolutions on, 212
Iraq War, 150
Islamic State, 43
Japan, Rome Statute and, 170
Joint Comprehensive Plan of Action, 212
Journalists
generally, 134
Additional Protocol I and, 134
civilians, deemed to be, 134
customary international law and, 134
defined, 134
international armed conflicts and, 134
loss of protection, 135
non-international armed conflicts and, 134
nuclear operations, in context of, 135
protection of,
Jurisdiction
generally, 17
aircraft, over,
concurrent jurisdiction, 18
international airspace, in,
nationality and, 18
objective territorial jurisdiction, 18
outer space, in,
in personam jurisdiction, 17
platforms on high seas, over,
in rem jurisdiction, 17
ships, over,
subjective territorial jurisdiction,
threat to national security and, 18
universal jurisdiction, 18
Landmines
Conventional Weapons Convention and, 6
in law of armed conflict, 6
reprisals, prohibited in, 164
“Last window of opportunity,”
Law of armed conflict
air bombardment in, 4
armed conflict versus war,
biological weapons in, 6
chemical weapons in, 6
cluster munitions in, 6
cultural property in, 5
in customary international law, 7
humanitarian nature of, 154
ICJ on, 154
International Committee of the Red Cross and, 7
international criminal law and,
landmines in, 6
natural environment in,
non-treaty-based rules of, 7
UN Charter and, 4
Levée en masse, 76
Lieber, Francis, 3
Lieber Code, , 93
Low-yield nuclear weapons, 15
Manual on the International Law Applicable to Air and Missile Warfare (AMW Manual)
cultural property and, 138
medical and religious personnel and, 131
proportionality principle and, 99
Medical and religious personnel
generally, 128
AMW Manual and, 131
bombardment, protection during, 128
combatants, not deemed, 69
identification of, 129
loss of protection,
medical transports, 128,
medical units, 128,
as persons hors de combat, 75
Red Crescent, 129
Red Cross, 129
Red Crystal, 129
“respect” obligation,
warnings, 131
Mercenaries,
Merchant vessels, 126
Methods of warfare
generally, 116
child conscription prohibited, 134
dams, dykes, and nuclear electrical generating stations, protection of,
exclusion zones,
neutrality indicators, improper use of,
no-fly zones,
perfidy,
protective indicators, improper use of,
survival of civilian population, protection of objects indispensable to,
UN emblem, unauthorized use of, 122
UN personnel, protection of,
war zones,
Military aircraft, 70,
Military objectives
civilian objects, reverting to, , 93
customary international law and, 86
defined, 86
determination of, 90
doubt as to status of object,
effective contribution to military action requirement, 88
indiscriminate attacks and, 156
interaction with other rules, 90
location criterion, 87
nature criterion, , 88
objects normally dedicated to civilian purposes, doubt as to status of, 92
persons distinguished, 86
purpose criterion, 87
use criterion, 87
“war-sustaining” objects,
Nationality, jurisdiction and, 18
Natural environment
generally,
Additional Protocol I and, , 140, ,
customary international law and,
ICJ Advisory Opinion and,
in law of armed conflict,
nuclear operations, in context of, ,
TPNW, environmental remediation under, 209
wanton destruction of, 143
war crime, excessive damage as, 178
“widespread, long-term and severe” damage construed, 158
Naval warfare
Additional Protocol I, under, 106
auxiliary vessels, 70
enemy indicators, improper use of, 124
“feasibility” construed, 106
NC3, recommendations for, 218
neutral territory, warships in, 148
non-international armed conflicts, rules inapplicable to, 70
precautions in,
“reasonableness” construed, 106
Necessity principle
collective self-defence and, 52
cultural property, military necessity of attack on, 140
in law of armed conflict generally, 3
Neutrality law
generally, 10
activities contributing to war effort in neutral territory, 149
aggression, effect of UN Security Council determinations on neutral status,
collective self-defence and, 150
in customary international law, 145
Exclusive Economic Zones (EEZs) not deemed neutral territory, 147
harmful effects of hostilities, protection of neutral territory against,
ICJ Advisory Opinion and, 194
inviolability of neutral territory, 147
in law of armed conflict generally,
military aircraft in neutral territory,
monitoring, 149
neutrality indicators, improper use of,
neutral territory, 145,
nuclear operations, in context of, 150
obligations of neutrals,
prevention of breaches of neutrality, 149
prohibited acts in neutral territory,
self-defence and,
UN Security Council determinations, effect on status,
violations of neutrality, use of force against, 150
warships in neutral territory, 148
Neutron bombs,
No-fly zones,
Non-international armed conflicts
generally,
Additional Protocol II, applicability of, 5,
air warfare rules inapplicable to, 70
armed groups and, 62
cancellation or suspension of nuclear operations in,
choice of means or methods of warfare in, 105
civilian objects and, 85
civilians and, , 74
combatant status inapplicable in,
constant care obligation and, 101
cultural property and, 138
dams, dykes, and nuclear electrical generating stations, protection of,
distinction principle in, 81
effects of attacks, precautions against, 114
enemy indicators, improper use of,
extraterritorial action, 61
Geneva Conventions and, 61
ICTY on, 62
intensity requirement,
internal disturbances distinguished,
journalists and, 134
naval warfare rules inapplicable to, 70
NC3, recommendations for, 217
neutrality indicators, improper use of,
nuclear attack and, 79
nuclear operations, in context of, 61
organisation requirement, 62
precautions in, 107
proportionality principle in,
protection of civilians in, , 101
protective indicators, improper use of, 120
ruses in, 119
superfluous injury and unnecessary suffering, prohibition against, 154
survival of civilian population, protection of objects indispensable to, 137
terror attacks and, 83
UN emblem, unauthorized use of, 122
UN personnel, protection of, 132
verification of target status in, 102
warnings in, 111
North Atlantic Treaty Organization (NATO)
North Korea
disarmament and arms control law and,
nuclear capabilities of, 14
sanctions against, 211
UN Security Council Resolutions on,
Nuclear command, control and communications (NC3) measures
armed attack, cyber attacks as, 40,
civilians and, 217
conduct of hostilities and,
constant care obligation and,
distinction principle and, 218
documentation of, 216
duties of states, 9
indiscriminate attacks and,
international armed conflicts and, 217
last resort, use of nuclear weapons as,
legal regulation and,
legal review and, 220
national doctrines and,
naval warfare and, 218
necessity of, 2
non-international armed conflicts and, 217
precautions and,
proportionality principle and, 220
recommendations generally, 214
self-defence and,
state responsibility and,
use of force and,
weapons law and,
Nuclear electrical generating stations, protection of,
Nuclear fission, 14
Nuclear fusion, 14
Nuclear Suppliers Group (NSG),
Paris Declaration (1856), 69
“Passive” precautions, 114
Perfidy,
Physical coercion, 31
Platforms on high seas, jurisdiction over,
Poison or poisoned weapons, , 191
Precautions
generally,
Additional Protocol I and, , 107
in air warfare,
avoidance or minimisation of injury or damage,
cancellation of nuclear operations,
choice of means or methods of warfare,
choice of targets,
constant care obligation,
control of territory, relevance of,
in customary international law, 107
“defender’s” precautions, 114
effects of attacks, against,
“feasible” construed, 115
in international armed conflicts, 107
in naval warfare,
NC3, recommendations for,
in non-international armed conflicts, 107
nuclear operations, in context of, ,
“passive” precautions, 114
proportionality principle, relation to, 100,
suspension of nuclear operations,
in TPNW,
Proliferation Security Initiative (PSI), 211
Proportionality principle
generally, 96
AMW Manual and, 99
“anticipated” construed, 100
choice of means or methods of warfare, relation to, 105
collateral damage,
collective self-defence and, 52
“concrete and direct military advantage” construed,
in customary international law,
dual-use objects and,
“excessive” construed, 98
“expected” construed, 100
indiscriminate attacks, as independent of prohibition against, 96
in international armed conflicts,
NC3, recommendations for, 220
in non-international armed conflicts,
precautions, relation to, 100,
reprisals and, 162
self-defence and, 45,
in TPNW,
war crimes and, 179
Protection of civilians
generally, 73
in customary international law, , 101
“direct part in hostilities” construed,
distinction principle and,
doubt as to civilian status, 78
exceptions, 101
in international armed conflicts, , 101
International Committee of the Red Cross on, 77
loss of protection, 77
in non-international armed conflict, , 101
nuclear operations, in context of, 78,
Radioactive debris, 14
Regional organisations, UN Security Council authorisation of enforcement actions by,
Reprisals
generally, 160
Additional Protocol I and, 163
booby-traps prohibited in, 164
conditions subject to, 161
countermeasures distinguished, 26
defined,
Geneva Conventions and, 162
in international armed conflicts, 160
landmines prohibited in, 164
Nuremberg Tribunal and, 162
prohibited targets of,
proportionality principle and, 162
retorsion distinguished, 161
unrestricted submarine warfare as, 162
war zones as, 162
Right to life,
Rome Statute. See also International Criminal Court (ICC)
generally, , 165
aggression under, 168
Annex, 181
crimes against humanity under, 168,
France, position of, 169
nuclear operations, in context of, 166
UK, position of,
Safety Convention (1994), 132
SALT I Interim Agreement (1972), 198
SALT II Agreement (1979), 198
San Remo Manual on International Law Applicable to Armed Conflicts at Sea (1995), 7
Schmitt criteria,
Self-defence
generally, 39
anticipatory self-defence,
demand prior to use of force in, 45
France on, 169
immediacy of forceful action, 47,
imminence of attack,
“last window of opportunity” construed,
lawful use of force in, 36
NC3, recommendations for,
neutrality law and,
nuclear operations, imminence of attack,
proportionality principle and, 45,
reporting to UN Security Council,
UN Charter, under, 39
UN Security Council action, effect of, 45
Ships, jurisdiction over,
SORT (2002), 198
Sovereignty, 16
START I Agreement (1992),
START II Agreement (1993), 198
START III Agreement (not concluded), 198
State responsibility
generally, 22
attribution,
countermeasures and,
ICJ on, 23
ICTY on, 23
individuals or groups of individuals, acts by,
NC3, recommendations for,
States
political independence of, 29
territorial integrity of, 29
UN Charter, obligations of member states under prevailing over other treaty obligations, 56
UN Security Council decisions, discretion over implementation of, 54
Subjective territorial jurisdiction,
Submarine warfare, 162
Superfluous injury, prohibition against,
Suspension of nuclear operations,
Syria, Islamic State in, 43
Tactical nuclear weapons, 14
Tallinn Manual. See also specific topic
generally, 11
armed attack under, 41
distinction principle and, 82
enemy indicators, improper use of, 123
objects of nuclear operation under, 75
threat of force under, 37
Terror attacks
generally, 83
Additional Protocol I, under, 83
Additional Protocol II, under, 83
armed attack, terrorism as,
communication of threat,
Geneva Conventions and, 85
international armed conflicts and, 83
non-international armed conflicts and, 83
purpose of attack or threat, 84
Threat of force,
generally, 36
coercive demand not required, 39
directed at other state,
ICJ on,
lawfulness of, 37
nuclear deterrent policy as,
Tallinn Manual, under, 37
warnings distinguished, 113
Threats to the peace
neutral status, effect of determinations on,
proliferation of nuclear weapons as, 54
UN Security Council, determinations by, , 55
Treaties. See also specific Treaty
UN Charter, obligations of member states under prevailing over other treaty obligations, 56
weapons law and,
Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (New START) (2010). See New START (2010)
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies (1967), 19
Treaty on the Non-Proliferation of Nuclear Weapons (1968). See also specific country
generally,
disarmament and arms control law and, 197
France and, 182
IAEA and, 201
noncompliance with, 199
obligations under,
recommendations regarding,
safeguards agreements, 201
UK and, 183
US and,
withdrawal from, 212
Treaty on the Prohibition of Nuclear Weapons (2017). See also specific country
applicability of,
arms control obligations,
conduct of hostilities and, 202
declarations,
enforcement by states,
environmental remediation under, 209
France and, 169
IAEA and, , 210
implications of, 210
indiscriminate attacks prohibited under,
international co-operation and assistance under,
non-nuclear states and, 206
nuclear weapons under control of other states, 208
obligations under,
preamble,
precautions in,
proportionality principle in,
purposes of,
ratification of, 202
recommendations regarding,
removal of nuclear weapons,
reporting, 208
safeguards agreements, , 210
states converting nuclear weapons programmes,
states eliminating nuclear weapons,
states not ratifying, 192
use of force and, 202
verification, 208
victim assistance under, 209
Ukraine, assurances regarding nuclear weapons, 184
United Kingdom
deterrence policy in, 190
Environmental Modification Convention, 157
on ICJ Advisory Opinion, 183
Manual of the Law of Armed Conflict, 162,
national doctrine on nuclear weapons,
on natural environment, 143
on NPT, 183
“nuclear statement,”
on reprisals,
Rome Statute and, , 181
TPNW and, 192
United Nations
Conference on Disarmament, 201
emblem, unauthorized use of, 122
ICJ Advisory Opinion, General Assembly requesting, 186
personnel, protection of,
purposes of,
Safety Convention, 132
unauthorized use of emblem, 122
United Nations Charter. See also specific topic
attribution and,
binding nature of, 28
as customary international law, 28
internationally wrongful acts or omissions and, 22
law of armed conflict and, 4
measures involving use of force,
measures not involving use of force,
obligations of member states prevailing over other treaty obligations, 56
United Nations Security Council
aggression, determinations of, , 55,
“all necessary measures” construed,
breach of the peace, determinations of, , 55
disarmament and arms control law and,
forceful action, authorization of,
measures involving use of force, authorization of,
measures not involving use of force, authorization of,
neutral status, effect of determinations on,
nuclear weapons, authorization of measures against, 54,
regional organisations, authorisation of enforcement actions,
reporting self-defence action to,
Resolution 1540, , 213
Resolutions,
self-defence, effect of action on right of, 45
state discretion over implementation of decisions of, 54
threats to the peace, determinations of, , 55
use of force, authorizing, 36
United States
on Additional Protocol I, 185
authority to launch nuclear weapons, 185
bilateral arms control treaties with Russian Federation/Soviet Union,
biological weapons, renunciation of, 6
chemical weapons, renunciation of, 6
Civil War, 3
cluster munitions, renunciation of, 6
Department of Defense Law of War Manual, ,
deterrence policy in, 190
disarmament and arms control law and,
on ICJ Advisory Opinion, 184
Joint Comprehensive Plan of Action and, 212
landmines, renunciation of, 6
low-yield nuclear weapons and, 15
national doctrine on nuclear weapons,
on NPT,
“Report on Nuclear Employment Strategy of the United States Specified in Section 491 of 10 U.S.C.,” 184
TPNW and, 192
Universal jurisdiction, 18
Unnecessary suffering, prohibition against,
Use of force
attribution and, 30
conduct of hostilities distinguished, 28
conventional versus nuclear weapons in,
customary international law, prohibition against use of force in, 29
defined,
determining factors,
directness, 34
ICJ Advisory Opinion and,
ICJ on, , 31
identifiable effects, 34
immediacy, 34
invasiveness, 34
military character,
NC3, recommendations for,
by non-state actors, 32
physical coercion as, 31
presumptive lawfulness, 35
prohibition against,
regional organisations, authorisation of enforcement actions,
scale and effects of, 31
Schmitt criteria,
severity,
state involvement, 35
TPNW and, 202
UN Charter, under,
UN Security Council authorizing, 36
violations of neutrality, use of force against, 150
USS Tennessee, 15
Verification of target status
generally, 102
Additional Protocol I and, 102
commanders, by,
customary international law and, 102
doubt as to status of target, 104
“feasible” construed, 104
in international armed conflicts, 102
in non-international armed conflicts, 102
nuclear operations, in context of, 102
planners, by, 103
Vietnam War, 5
War crimes
civilian objects, attacking,
civilians, attacking,
dual-use objects and, 177
excessive incidental death, injury, or damage,
in ICC, , 168
in ICTR, 7
in ICTY, 7
in law of armed conflict generally,
military advantage and, 179
natural environment, excessive damage as war crime, 178
nuclear operations, in context of, ,
in Nuremberg Tribunal, 166
poison or poisoned weapons,
proportionality principle and, 179
Rome Statute Annex, weapons listed in, 181
Warnings
generally, 111
Additional Protocol I, under, 111
in customary international law, 111
effectiveness of, 112
exceptions,
general nature of, 113
Hague Regulations, under, 111
in international armed conflicts, 111
medical and religious personnel, 131
in non-international armed conflicts, 111
as ruses, 113
threat of attack distinguished, 113
“War-sustaining” objects,
Weapons law
generally, 10
choice of means and methods of warfare, 154
customary international law and,
indiscriminate attacks, application of rule to nuclear weapons,
inherent unlawfulness of nuclear weapons, 152
legal review of nuclear weapons,
means of nuclear warfare, 153
methods of nuclear warfare, 153
natural environment, nuclear weapons and,
NC3, recommendations for,
poison or poisoned weapons, , 191
range of permissible activities with regard to nuclear weapons, 153
Rome Statute Annex, weapons listed in, 181
superfluous injury, prohibition against,
treaties and,
unnecessary suffering, prohibition against,
W76-2 warhead, 15
Zangger Committee,
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