Московский журнал международного права (Oct 2022)
Entry into Force of the 2017 Treaty on the Prohibition of Nuclear Weapons and International Legal Restrictions on its Use
Abstract
INTRODUCTION. The article analyzes the consequences of coming into force of the Treaty on the Prohibition of Nuclear Weapons 2017. This Treaty forbids use of nuclear weapons and its deployment on territories of states, which ratified it. MATERIALS AND METHODS. The article is based on the main international treaties, which regulate now the status of nuclear weapons – Non-proliferation treaty 1968, Treaty on the Prohibition of Nuclear Weapons 2017 and also Advisory Opinion of UN International Court of Justice 1996. RESEARCH RESULTS. Coming into force of the Treaty on the Prohibition of Nuclear Weapons subdivided states into two groups – the states-participants of this Treaty and states-non participants. On the territory of states-participants the use of nuclear weapons is prohibited and must be considered as war crime. On the territory of states- non-participants use of nuclear weapons preserves the same regime as before. This regime was considered by UN International Court of Justice in his Advisory Opinion on Legality of Threat and Use of Nuclear Weapons 1996. The article analyzes this Advisory Opinion. DISCUSSION AND CONCLUSIONS. Author comes to a conclusion, that all the legal foundations upon which is based this Advisory Opinion remains intact and also his central clause, according to which it is not forbidden for a state to use nuclear weapons when its survival is at stake. This situation may occur when such a state would be in armed conflict with a state or group of states – members of a military-political organization, which had much stronger military and economic potential. Also use of nuclear weapons is not forbidden against all members of this military-political organization.
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