The Advisory Opinion Of The IC

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decade of this century has been just as violent as the previous ones, with the major conflict situations in Yugoslavia and the Gulf and several bloody conflicts in different third world countries. It seemed also that the international community’s attention had been averted from the question of disarmament.
The question of nuclear weapons came back to the picture when allegations were spread in the media about Iraq having or almost having weapons of mass destruction; chemical and biological weapons and maybe nuclear weapons. This exposed the vulnerability and the imperfectness of the present regime of monitoring proliferation of nuclear weapons.
The nuclear tests by France, India and Pakistan also showed that we are still leaving in a world of a possible nuclear war. The spread of the weapons of mass destruction to officially non-nuclear state mean also a higher risk that it is actually going to be used- intentionally or by accident.

In this tense environment the United Nations ...

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the use or threat of nuclear weapons is unlawful in every circumstance whatsoever. (2E) All of the dissenting opinions emphasised however, that this failure by no means should be interpreted as the Court actually legitimising the threat or use of nuclear weapons in any circumstances.

To underline its determination on the subject the Court found that there exists an obligation under international law to pursue disarmament. This was not part of the original question, however.

The Court’s Advisory Opinion bears of great importance; this was the first case that the question of nuclear weapons was dealt with by any tribunals in the world, which proved that nuclear weapons are subject to ...

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