Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Sep 2011)
Criminalization of Use of Nuclear Weapons in Context of EmergingHuman Rights - Based of International Law
Abstract
Nowadays, various subjects of international law, includingcriminalization of use of nuclear weapons, can be studied from twodifferent aspects. In the classic paradigm of international law based onWestphalian order and sovereignty–oriented approach and in light ofinternational court of justice(ICJ) findings, mere employment ofnuclear weapons is not forbidden and nor is considered as aninternational crime. However it can be claimed that new paradigm iscoming up in international law. In This new paradigm based onhuman values, sovereignty can’t prevent emergence of a rule onbenefit of human rights crucially. Although survey of some subjectsfrom this aspect could lead to unacceptable result in comparison withthe last paradigm, it is the fact that everyone has to believe it late orsoon. Use of nuclear weapons in context of this emerging and nonestablished international law is violation of international Jus Cogensand public order and contains three forming elements of internationalcrimes. Then, in contrast to the classic paradigm of international law,use of nuclear weapons can be considered as an international crime inthe new emerging paradigm.
