The legitimacy of the use of nuclear weapons in light of nuclear weapons treaties
hemaid kodary ebrahem, A., Rateeb Abd al-hafiz, M. (2022). The legitimacy of the use of nuclear weapons in light of nuclear weapons treaties. EKB Journal Management System, 4(1), 396-412. doi: 10.21608/ijarlg.2025.382291.1094
Alaa hemaid kodary ebrahem; Muammar Rateeb Abd al-hafiz. "The legitimacy of the use of nuclear weapons in light of nuclear weapons treaties". EKB Journal Management System, 4, 1, 2022, 396-412. doi: 10.21608/ijarlg.2025.382291.1094
hemaid kodary ebrahem, A., Rateeb Abd al-hafiz, M. (2022). 'The legitimacy of the use of nuclear weapons in light of nuclear weapons treaties', EKB Journal Management System, 4(1), pp. 396-412. doi: 10.21608/ijarlg.2025.382291.1094
hemaid kodary ebrahem, A., Rateeb Abd al-hafiz, M. The legitimacy of the use of nuclear weapons in light of nuclear weapons treaties. EKB Journal Management System, 2022; 4(1): 396-412. doi: 10.21608/ijarlg.2025.382291.1094

The legitimacy of the use of nuclear weapons in light of nuclear weapons treaties

International Journal of Advanced Research on Law and Governance
Volume 4, Issue 1, June 2022, Page 396-412  XML PDF (566.25 K)
Document Type: Original Article
DOI: 10.21608/ijarlg.2025.382291.1094
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Authors
Alaa hemaid kodary ebrahem email 1; Muammar Rateeb Abd al-hafiz2
1PhD researcher in public international law
2Professor and Head of the Department of Public Law, Assiut University
Abstract
International Humanitarian Law (IHL): Nuclear weapons are bound by the principles of IHL, particularly the rules of distinction, proportionality, and necessity. These principles aim to limit the effects of armed conflict on civilians and ensure that military actions are directed at legitimate military targets.
The International Court of Justice (ICJ) Advisory Opinion (1996): The ICJ, in its advisory opinion, stated that the use of nuclear weapons could be unlawful if it violates the principles of IHL, particularly if it causes harm to civilians. However, the Court did not give a definitive ruling on the legality of nuclear weapons in all situations, recognizing the uncertainty about their use in extreme circumstances like self-defense.
In conclusion, the use of nuclear weapons in armed conflicts remains highly controversial and is subject to legal scrutiny. It is considered potentially unlawful under IHL, depending on the circumstances, due to the disproportionate and indiscriminate effects that these weapons cause.
Keywords
Legitimacy; Treaties; Protection of Civilians
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