Nuclear Weapons Hearings

The International Court of Justice was asked to decide whether the threat or use of nuclear weapons is prohibited in any situation under international law.

Several governments presented arguments citing the devastating effects of nuclear weapons and saying they must be considered illegal under existing environmental and human rights treaties.

Countries that have nuclear weapons, including the United States, argued that the Court did not have the authority to ban the weapons. They also argued that the weapons act as a deterrent to aggressive behavior and disputed the argument that any use of nuclear weapons would lead to global destruction.

The Court was asked to rule on the question by the United Nations General Assembly and the World Health Organization, an agency of the United Nations.

On May 14, 1993, the World Health Organization adopted a resolution which asked the Court to issue an advisory opinion on the following question:

"In view of the health and environmental effects, would the use of nuclear weapons by a State in war or other armed conflict be a breach of its obligations under international law, including the Constitution of the World Health Organization?"

The United Nations General Assembly asked the court to rule on this question: "Is the threat or use of nuclear weapons in any circumstance permitted under international law?"

The United Nations resolution, approved on December 15, 1994, was opposed by the United States, the United Kingdom and France.

The two requests for advisory opinions were consolidated into one series of oral proceedings, which was conducted from October 30, 1995, until November 15, 1995, at the International Court of Justice, The Hague, Netherlands. The World Health Organization and 22 countries participated in the oral arguments.

In general, the Court renders its advisory opinions anywhere from one to four months after the proceedings have closed.

>Decision on the Legality of the Threat or Use of Nuclear Weapons

Decision on Request for Advisory Opinion by the World Health Organization

History of the International Court of Justice

Who's on the Court?

About the World Health Organization

Glossary of Terms Used in International Law