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Source: The post is based on an article “What international jurisprudence says about the use of nuclear weapons” published in The Indian Express on 5th November 2022.
Syllabus: GS 2 – International Relations
Relevance: About the use of nuclear weapons.
News: Recently, there has been much talk about the use of nuclear weapons due to the Ukraine conflict which has raised concerns over its use.
What was the stand of the International Court of Justice (ICJ) on the use of nuclear weapons?
The UN for Advisory Opinion requested the ICJ 30 years ago on the matter whether the use of nuclear weapons can go in hand with the basic principles of humanitarian law.
A majority of 12 out of 15 judges at the ICJ concluded that the use of nuclear weapons can be made only in exceptional cases where the country’s survival is at stake.
However, three judges disagreed and they said that the concept of the humanitarian laws of war is deeply rooted in the ancient cultures of different religions.
They cited that the ancient South Asian tradition prohibited the use of “hyper destructive weapons”. The judges also quoted the stories of Ramayana and Mahabharat where the use of such destructive weapons was prohibited in any case.
For instance, Rama warned Lakshmana that destructive weapons should not be used in the war because they could lead to the destruction of masses which is forbidden in the ancient laws.
Judges further said that this problem is universal and therefore ICJ should reflect the world’s principal cultural traditions and include representatives from all over the world.
They also highlighted that international laws should be made in such a way that demotes the use of nuclear weapons but this might not be possible.
What can be the course of action regarding the use of nuclear weapons?
All countries whether nuclear or non-nuclear must adapt to a nuclear-free world. As per J Robert Oppenheimer (inventor of the atom bomb), the only defence against a nuclear weapon is peace.
This has also been highlighted in the preamble of UNESCO that says “Wars begin in the minds of men, and it is in the minds of men (and women) that the defences of peace must be constructed.”
