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Download Nuclear Weapons and Compliance with International by Charles J. Moxley, Jr., John Burroughs, & Jonathan Granoff PDF

By Charles J. Moxley, Jr., John Burroughs, & Jonathan Granoff

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Congressman Spratt, National Defense Authorization Act for Fiscal Year 1994, 139 Cong. Rec. H. 7065, *H7083, Sept. 28, 1993. The statute defining low yield nuclear weapons, as indicated above, has been repealed (albeit for reasons unrelated to the definition of low yield nuclear weapons). To the best of our knowledge, alternate definition of a low yield nuclear weapon has been enacted by the Congress. Based on this definition of 5 kilotons or less, the United States currently has two types of nonstrategic nuclear weapons with low yield capabilities.

Argues that it cannot be said that nuclear weapons have impermissible effects under international law because some such weapons could be used selectively in remote areas where the collateral effects would be minor. S. argues that, even if would be unlawful to use nuclear weapons in the first instance, a State could properly use them in reprisal to respond to another State’s use of such weapons. S. argues that no categorical judgments can be made as the lawfulness or not of the use of nuclear weapons, but rather that each potential use has to be evaluated on its individual merits.

Pdf. S. DEP’T OF THE ARMY, LAW OF WAR DESKBOOK, 142 (2010). 190 46 because of escalation or miscalculation or mistake or the operation of the winds and waters or the like, in a net detriment to the acting State, would not satisfy the necessity test. Outside the courtrooms of the ICJ, the United States recognizes the uncontrollability of the effects of nuclear weapons. The Chairman of the Joint Chief’s in an earlier publication Doctrine for Joint Nuclear Operations, addressed the controllability question explicitly:198 [T]here can be no assurances that a conflict involving weapons of mass destruction could be controllable or would be of short duration.

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