Document Type
Article
Disciplines
International Law
Abstract
The development of nuclear weapons has had a two-fold impact on the concept of self-defence as understood by international law. The unprecedented destructive power of such weapons has caused some lawyers to question whether states may lawfully use or deploy nuclear devices, even in self-defence.' In addition, the impossibility of adopting defensive measures after a strategic ballistic missile attack has been launched has prompted speculation as to whether preventive action is lawful. A number of scholars have concluded that anticipatory self-defence is essential so that a state confronted by an imminent nuclear attack may take steps immediately to ensure its national survival.
This article examines the assertion that preventive action is permissible under contemporary international law." It also evaluates the strategic assumptions underlying calls for the retention of anticipatory self-defence. Even if preventive measures are lawful, it is by no means clear that the doctrine is relevant to any realistic scenario involving the use of nuclear weapons. Of necessity, strategic theories have evolved in accordance with successive changes in the variety, payload and distribution of nuclear weapons.
Recommended Citation
Pogany, Istvan, "Nuclear Weapons and Self-Defence in International Law" (1986). Connecticut Journal of International Law. 16.
https://digitalcommons.lib.uconn.edu/cjil/16
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