The use of nuclear weapons as a reprisal under international humanitarian law
Nuclear weapons under international law
Cambridge : Cambridge University Press, 2014
This chapter opens with a definition of the notion of a reprisal (distinguishing it from other similar notions) and then assesses the conditions for the exercise of a lawful reprisal under jus in bello. It subsequently applies the principle of lawful reprisals to a series of hypothetical uses of nuclear weapons in an international armed conflict. The specific use of neclear weapons as a means of reprisal poses particular challenges to the applicable law. The chapter then turns to the (disputed) legality of reprisals under the rules applicable to armed conflicts of a non-international character. The conclusion seeks to summarise the law governing the use of nuclear weapons as a reprisal.
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