To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Section H is a brief analysis of international criminal law and its applicability to nuclear operations. It discusses the prohibition of genocide, crimes against humanity and war crimes, with a specific focus on the use of nuclear weapons.
Section G provides Rules and Commentaries on the legal requirements that means of nuclear warfare must be in compliance with. They include basic principles, specifically the prohibition of unnecessary suffering and superfluous injury, and the requirements emanating from the principle of distinction. The Section also addresses the prohibition of nuclear weapons that are expected to cause widespread, long-term and severe damage to the natural environment and of environmental modification techniques having similar effects. Special attention is given to the obligations under the TPNW and to the admissibility or prohibition of belligerent reprisals.
Section C examines the law on the resort to the use of force, specifically nuclear force. Accordingly, it contains Rules and Commentaries on the prohibition of the use or threat of nuclear force; the right of individual or collective self-defence, including its limitations; and enforcement measures decided upon by the UN Security Council, including those executed by regional organisations.
Section B provides an overview of certain important preliminary legal matters that are of relevance to any discussion of nuclear weapon issues. They include sovereignty and certain aspects of the law of State responsibility, including countermeasures.
Section K first provides an overview of bilateral treaties between the United States and the Russian Federation/former USSR, with New START being the only agreement remaining in force. The Section then addresses multilateral treaties and arrangements. After a brief assessment of the NPT and related instruments, it provides an in-depth analysis of the TPNW. Finally, the Section addresses UN Security Council Resolution 1540 and specific UN Security Council resolutions concerning the Democratic People’s Republic of Korea (North Korea) and Iran.
Section J is an analysis of the 1996 Advisory Opinion of the International Court of Justice on the legality of the threat or use of nuclear weapons under jus ad bellum, jus in bello and international human rights law.
Section L discusses the implications of the rules and principles identified in the preceding Section for an effective NC3 system. It identifies the potential elements of an NC3 mechanism States should consider with a view to ensuring that their conduct of nuclear operations will be in compliance with their international legal obligations.
Section E seeks to show how the law on the conduct of hostilities that would apply in relation to the use of conventional weapons also applies in respect of nuclear weapon operations. The Rules and Commentaries deal with persons participating in the hostilities, who are distinguished from protected civilians, and with specific issues of naval and air warfare. The Rules and Commentaries on nuclear targeting address the notion of ‘attack’, the principle of distinction, prohibited nuclear attacks, the definition of military objectives, proportionality and active and passive precautions. As to methods of nuclear warfare, the Section addresses perfidy and ruses, the improper use of protective indicators and emblems, as well as the concept of zones. The Section further includes Rules and Commentaries on persons and objects entitled to specific protection and on the protection of the natural environment in times of armed conflict.
Section A, after a brief overview of the development of international legal rules and principles pertaining to the legality of nuclear weapons, explains the purpose of the present book – that is, to examine the lawfulness of nuclear weapons, their possession, their use and deterrence policies associated with them, with a view to identifying the duties that States must fulfil in the command and control of, and in communication relating to, nuclear weapons. To that end, a definition of nuclear weapons is also provided.
Section F identifies and explains the relevant rules of the law of neutrality, such as the protection of neutral territory and the obligation of neutral States to prevent the exercise of belligerent rights in and from their territories.
This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.
Chapter 11 addresses new naval technologies. It does not deal with those new technologies that merely enhance known capabilities (such as stealth or missile and anti-missile systems) and that can be considered as being in compliance with the contemporary law of the sea and the law of naval warfare. Rather, the Chapter focuses on unmanned maritime systems (UMS), which are increasingly used for a variety of purposes, including military operations. The unresolved legal issues relate to the legal status of UMS, their operation and their navigational rights in various sea areas, and their use and protection under the law of naval warfare and the law of maritime neutrality. The Chapter also focuses on undersea infrastructure, such as submarine cables and pipelines and other devices placed on the seabed. It analyzes the gaps in the law of the sea and the law of naval warfare with regard to the status and protection of undersea infrastructure and provides proposals on how the existing legal framework could be adapted to better meet the increasing importance of said infrastructure.
Chapter 18 discusses the Manual’s coverage in Chapter XVIII of implementation and enforcement of the law of war. After discussing the extent of the obligations set forth in common article 1 of the Geneva Conventions, the Chapter assesses the Manual’s consideration of reasons that support the implementation and enforcement of the law of war. The Manual’s discussion of the duties of individual members of the armed forces, of the obligations of commanders, of the role of judge advocates and legal advisers, and of dissemination, instructions, and inclusion of the law of war in the planning of military operations is then considered in the next couple of sections. Thereafter, the Chapter looks at the Manual’s approach to State obligations with respect to violations of the law of war, including those perpetrated by the enemy. Compensation for violations, reprisals and war crimes are the subject of the concluding sections of the Chapter.
Chapter 5 critiques the Manual’s treatment of the law relating to the conduct of hostilities. As with other Chapters, the sequence in which topics are addressed in the Manual is followed in the Book’s Chapter. The Manual’s treatment of the protection of civilians, of precautions, of the conduct of attacks and of the objects that may lawfully be attacked is subjected to careful criticism. The Manual’s avoidance of reference to Additional Protocol I where this would have been beneficial is criticised. The implications for the principle of distinction of the US’s ‘war sustaining’ approach to defining military objectives and the Manual’s general treatment of that definition are extensively analysed. After a consideration of the position, as disclosed in the Manual, of combatants and of members of organised armed groups, the Chapter tackles its coverage, in turn, of direct participation in hostilities, of hors de combat, of precautions in attack, of proportionality, of human shields and of precautions against the effects of attacks. The concluding topics are shielding, seizure and destruction of enemy property, cultural property protection, sieges, good faith, perfidy, ruses and non-forceful means and methods of warfare.
This introductory Chapter sets out the purpose of the book. Acknowledging the difficulty in deciding to publish such a Manual, the importance of the text to this field of international law is acknowledged. Recognising that the Manual is published on the authority of the Department of Defense alone, its status, or otherwise, as State practice is discussed. Some general points of criticism are mentioned and some general introductory comments as to the structure of the book are ncluded.