Challenges of Compliance with the Distinction and Proportionality Principles Regarding the Global Nuclear Deterrence Policies

Abstract

The article advocates for a multidisciplinary approach to the challenges surrounding nuclear weapons and the implementation of the proportion and distinction IHL principles. It also examines the relationship between nuclear deterrence policies and IHL norms. To this end, it traces the historical development of IHL from the Roman law codification of jus ad bellum and jus in bello to the contemporary IHL institutions of the law of Hague and the law of Geneva. It also highlights the role of the Martens Clause as a safety net for humanitarian protection and reviews the existing legal instruments on nuclear weapons, such as the NPT, the TPNW and the ICJ advisory opinion. The study's outcome underlines the need for more comprehensive and binding legal mechanisms to regulate nuclear weapons in a way that is in accordance with IHL and human rights.

Keywords

• law of war
• treaty
• indiscriminate attack
• armed conflict
• target management
• jus ad bellum
• jus in bello
• law of hague
• law of geneva
• martens clause