International Law and the Use of Force |

International law provides an alternative to the use of force in settling disputes by relying on compromise, cooperation, mutual legal obligations, and common ends. The UN Charter prohibits Member States from using force or threatening to do so in their international relations with other states (Chapter I, Article 2, Section 4). If a threat or breach of the peace occurs, the Security Council is to decide what shall be done to restore international peace and security (Chapter VII, Article 39). In today’s world of increasingly interdependent nations and economies, the resolution of conflicts without violence is more essential than ever.

International Law and the Use of Force Archive

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Nuclear Weapons & Arms Control |

International law plays an important role in arms control and disarmament efforts. Treaties, such as the Nuclear Nonproliferation Treaty, and other formal agreements between nations serve as the cornerstone of disarmament and arms control efforts.

In July of 1996 the International Court of Justice (ICJ), the principal judicial organ of the United Nations, gave an Advisory Opinion on the Legality of the threat or use of nuclear weapons concluding that the use of nuclear weapons would generally be contrary to the principles and rules of international humanitarian law. The ICJ further noted that even “in an extreme circumstance of self-defense,” humanitarian law applies. The ICJ also did not accept the argument that the use of small, precisely targeted tactical nuclear weapons would conform to international law. Although today there is no comprehensive and universal prohibition against nuclear weapons, the ICJ stated that the nuclear weapons states are obligated to negotiate a treaty leading to nuclear disarmament.

Nuclear Weapons & Arms Control Archive

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Human Rights & Humanitarian Law |

Humanitarian law is an international body of rules, which, in wartime, protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. Its central purpose is to limit and prevent human suffering in times of armed conflict. Two basic rules of humanitarian law are the prohibition of employing weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering (e.g. chemical and/or biological weapons), and the commitment to distinguish between civilian and combatants in times of war.

While humanitarian law applies in situations of armed conflict, international human rights law, being tailored primarily for peacetime, applies at all times. Its principal goal is to protect individuals from unjust and/or cruel behavior by their own governments. International human rights law states that the right to life, the prohibition of torture and inhuman punishment or treatment, slavery and servitude, and the principle of legality and non-retroactivity of the law must be respected in all circumstances. It also stipulates that states must guarantee rights to self-determination, property, due process, fair working conditions, access to health care, and education.

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International Criminal Court |

Nuclear non-proliferation refers to efforts to prevent the spread of nuclear weapons. This includes preventing countries or non-state actors (terrorists) that do not have nuclear weapons from obtaining them and stopping nuclear capable countries from enlarging their arsenals and developing new nuclear weapons technologies.

The cornerstone of nuclear arms control is the Non-proliferation Treaty (1968). This treaty requires countries without nuclear weapons never to develop such weapons and nuclear capable countries to work towards complete nuclear disarmament. Members of the treaty meet every five years to review the status of the treaty commitments. Other existing non-proliferation efforts include the Comprehensive Test Ban Treaty, the Missile Technology Control Regime, and Nuclear Weapons Free Zones.

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