Rants and Raves

[thepennyking]

LEGALITY OF THE THREAT OR USE OF NUCLEAR WEAPONS

Jurisdiction of the Court to give the advisory opinion requested - Article 65, paragraph 1, of the Statute - Body authorized to request an opinion - Article 96, paragraphs 1 and 2, of the Charter - Activities of the General Assembly - "Legal question" - Political aspects of the question posed - Motives said to have inspired the request and political implications that the opinion might have.

Discretion of the Court as to whether or not it will give an opinion - Article 65, paragraph 1, of the Statute - Compelling reasons - Vague and abstract question - Purposes for which the opinion is sought - Possible effects of the opinion on current negotiations - Duty of the Court not to legislate.

Formulation of the question posed - English and French texts - Clear objective - Burden of proof.

Applicable law - International Covenant on Civil and Political Rights - Arbitrary deprivation of life - Convention on the Prevention and Punishment of the Crime of Genocide - Intent against a group as such - Existing norms relating to the safeguarding and protection of the environment - Environmental considerations as an element to be taken into account in the implementation of the law applicable in armed conflict - Application of most directly relevant law: law of the Charter and law applicable in armed conflict.

http://www.fas.org/nuke/control/icj/text/iunan_ijudgment_19960708_Advisory_Opinion.htm