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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.
List of contents
1. Introduction to the book; 2. Important legal preliminaries; 3. Resorting to the use of force in nuclear operations; 4. International and non-international armed conflicts; 5. The conduct of nuclear hostilities; 6. Neutrality; 7. Weapons law as it applies to nuclear weapons; 8. Genocide, crimes against humanity and war crimes as they apply to nuclear operations; 9. Published national doctrines of nuclear weapon states; 10. The ICJ advisory opinion; 11. Nuclear disarmament and arms control; 12. Implications of international law for nuclear command, control and communications; Index.
About the author
William H. Boothby is an Honorary Professor at the Australian National University. He retired from the RAF in 2011 as Deputy Director of Legal Services in the rank of Air Commodore.Wolff Heintschel von Heinegg is the Chair of Public Law, in particular Public International Law, European Law and Foreign Constitutional Law, at Europa-Universität Viadrina in Germany.
Summary
This book explains in non-technical terms the law applying to the threat or use of nuclear weapons before and during an armed conflict. The rules and implications for nuclear command and control are explained, which will be relevant for politicians, lawyers, military commanders, policy staff, academics and post-graduate students. This book is also available as open access.
