LEGALITY OF THE THREAT OF OR USE OF NUCLEAR WEAPONS (ICJ 1996)

Facts:
A request for an advisory opinion as to whether states are permitted to use nuclear weapons
under international law was laid on the table of the International Court of Justice by the U.N.
General Assembly.

Issue:
Whether or not under certain circumstances, threats or use of nuclear weapons are permitted
under international law?

Held:
Yes. Under certain circumstance, threat or use of nuclear weapons is permitted under
international law.
The charter recognizes the inherent right of individual or collective self-defense if an armed
attack occurs. The entitlement to resort to self-defense is subject to the conditions of necessity
and proportionality.
A further lawful use of force is envisage whereby the Security Council may take military
enforcement measures in conformity of the Charter.
These apply to any use of force, regardless of the weapon employed.