International Humanitarian Law Analysis

Law’s application

ICJ decides based on the most relevant applicable law which consists of the provision of UN charter that related to the threat of nuclear weapon, the principle and rules of international humanitarian law, law of neutrality, and other relevant treaties on nuclear weapon. UN charter Article 2(4) for generally prohibits the threat and use of force whether it would be directed against territorial or political independence of states, it is known as unlawful aggression; the complementary to article 2(4) is article 51 regard to the rights of individual and collective self-defense if arm attack occurs, including cyber-attacks; article 42 on authorize of UNSC to take military enforcement measures on any type of weapon employed.

The first principle is focused on the protection of civilian; states must not use civilians as the object of attack and must not use weapons that are incapable of distinguishing between civilian and military targets. In application of that second principle, States have limited freedom of choice of means in the weapons they use in order to avoid causing unnecessary suffering.

The court states that the rule and principle of humanitarian were invented before nuclear weapons were created. However, the court does not deny that the establish the rule and law of humanitarian in armed conflict does not apply to nuclear weapon, but it seems significant that it does not apply to new weaponry and upload in the present proceeding. The principle of neutrality It is similar to the fundamental character of humanitarian principle that any type of weapons might be used to all international armed conflict. This principle is brought from international Red Cross; the fact that nuclear weapons are regulated by the law of armed conflict does not necessarily mean that such recourse is

Conventional international law

The court first surveyed Conventional international law. The use of nuclear weapon should be treated in similar manners which are prohibited under the Second Hague Declaration of 29 July 1899 to prohibit the use of projectiles which could spread the asphyxiating or deleterious gases, Hague Convention IV of 18 October 1907 to prohibit the poisoned weapon, and Geneva Protocol of 17 June 1925 to prohibit any types of harmful material or devices. However, none of these conventional provisions prohibit the use of nuclear weapon. Customary international law The court considered “opinio juris” with the connection to policy of deterrence that play the fundamental role in international security affairs, and emphasize the substance that law must be look for primarily in the actual practice from the way in which nuclear weapons have been used in the past fifty years, namely, for purposes of deterrence, from a series of General Assembly resolutions affirming the illegality of nuclear