On the basis of studies carried out by the WHO as well as other materials before the Court, the Court was told that, should a nuclear weapon be used in an armed conflict, the number of dead would vary from 1 million to 1,000 million, to which the same number of people injured is to be added. If a larger number of nuclear weapons were to be used, severe environmental effects, including the disruption of transport, food delivery, fuel, and basic medical supplies, would occur and result in possible famine and mass starvation on a global scale. Civilized and organized community life would come to an end not only in the countries involved in the conflict but even in those not involved; millions would die from the effects of intense and widespread radioactive fallout. Such a catastrophe, it was argued, would be in violation of the health and environmental obligations undertaken by States under international law, particularly international humanitarian law, as well as under the Constitution of the WHO. Whether or not such obligations exist for States and whether they would be violated in the course of war or other armed conflict involving the use of nuclear weapons is, in my view, an eminently suitable matter for the Court to determine in accordance with its Statute.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.