The Threat of the Use of Nuclear Weapons from the Perspective of International Law
Keywords:
International community, humanitarian law, international law, nuclear weapons, resolutionsAbstract
The possession of nuclear energy is a right derived from general international law, and all states are entitled to benefit from this right. Nevertheless, the threat arising from the diversion of nuclear energy from serving humanity toward the production and use of deadly nuclear weapons prompted the international community to establish mechanisms aimed at restricting the use of nuclear energy to peaceful purposes and preventing the proliferation of nuclear weapon production. Therefore, the principal objective of the present study is to answer the question of how the threat of the use of nuclear weapons is viewed from the perspective of international law. The study was conducted through a library-based documentary method using a descriptive-analytical approach. The findings demonstrated that the prohibition of the threat of the use of nuclear weapons is not governed by specific rules of international law, and the most important instruments that explicitly address this issue, such as resolutions and security assurances provided by nuclear-weapon states, lack binding legal force. The prohibition of the threat or use of nuclear weapons is primarily inferred from indirect and general principles of international law, particularly the rules governing armed conflicts and international humanitarian law.
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Copyright (c) 2025 Mohammad Kazem Qajarkohestani (Author); Fakhreddin Abouiyeh; Ahmadreza Behniafar (Author)
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