Armes nucléaires

Armes nucléaires - INTERNATIONAL COURT...

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INTERNATIONAL COURT OF JUSTICE REPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS LEGALITY OF THE THREAT OR USE OF NUCLEAR WEAPONS ADVISORY OPINION OF 8 JULY 1996 COUR INTERNATIONALE DE JUSTICE RECUEIL DES ARRÊTS, AVIS CONSULTATIFS ET ORDONNANCES LICÉITÉ DE LA MENACE OU DE L'EMPLOI D'ARMES NUCLÉAIRES AVIS CONSULTATIF DU 8 JUILLET 1996
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Officia1 citation : Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, 1. C.J. Reports 1996, p. 226 Mode officiel de citation: Licéité de la menace ou de l'emploi d'armes nucléaires, avis consultatif, C.I.J. Recueil 1996, p. 226 ISSN 0074-4441 ISBN 92- 1-070743-5 Sales number No de vente: 679 1
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INTERNATIONAL COURT OF JUSTICE 1996 8 July General List No. 95 YEAR 1996 8 July 1996 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 - Environmen- ta1 considerations as an element to be taken into account in the implernentation of the law applicable in armed conflict - Application of most directly relevant law: law of the Charter and law applicable in armed conflict. Unique characteristics of nuclear weapons. Provisions of the Charter relating to the threat ou use of force - Article 2, paragraph 4 - The Charter neither expressly prohibits, nor permits, the use of any specijîc weapon - Article 51 - Conditions of necessity andproportionality - The notions of "threat" and "use" of force stand together - Possession of nuclear weapons, deterrence and threat. Speczjîc rules regulating the lawfulness or unlawfulness of the recourse to nuclear weapons as such - Absence of specijïc prescription authorizing the threat or use of nuclear weapons - Unlawfulness per se: treaty law - Instru- ments prohibifing the use of poisoned weapons - Instruments expressly pro- hibiting the use of certain weapons of mass destruction - Treaties concluded in order to limit the acquisition, manufacture and possession of nuclear weapons, the deployment and testing of nuclear weapons - Treaty of Tlatelolco - Treaty of Rarotonga -
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This note was uploaded on 02/02/2012 for the course LAW DRT2001 taught by Professor Alainvalliere during the Winter '12 term at Université de Montréal.

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Armes nucléaires - INTERNATIONAL COURT...

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