The Legality Of Using Nuclear Weapons In Contemporary International Law
Auteurs : Arfa Abdelmalek .
Résumé
The study examines the topic of "The legality of using nuclear weapons in contemporary international law", a hotly debated topic in the contemporary international arena. In June 2025, the world witnessed a war against Iran due to its pursuit of nuclear weapons. Furthermore, the view has been replaced in the minds of many by the idea that a limited nuclear war is possible and winnable. This raises a fundamental question: How acceptable is the use of nuclear weapons under contemporary international law ? Among the objectives of this study is to identify the applicable law by examining the international agreements that stipulate this and the Statute of the International Court of Justice. It also examines the humanitarian principles related to unnecessary suffering, gas, the distinction between combatants and non-combatants, and the territorial integrity of neutrals. It also examines defenses related to military necessity, proportionality, reprisals, self-defense, and other considerations in applying the proportionality test. It also identifies the sources of customary international law. This study relies on an analytical approach to textual criticism, a descriptive approach to rhetoric, and a comparative approach to rules and regulations. The most prominent findings are that any use of nuclear weapons is illegal under contemporary international law.
Mots clés
nuclear weapons; contemporary international law; international agreements; humanitarian principles; defenses.
