Freedom from Nuclear Weapons? IHRL And IHL Perspective vs the State-Centred Approach

  • Julia Kapelańska-Pręgowska Nicolaus Copernicus University in Toruń
Keywords: Treaty on the Prohibition of Nuclear Weapons, persistent objector, protection of the environment, prohibition of nuclear weapons, human rights, international humanitarian law

Abstract

23 years after the ICJ’s Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, a general treaty prohibiting the use of nuclear weapons has been adopted. It may be anticipated that the TPNW will probably not enter into force very soon, and when it does, it will neither be universally accepted, nor will it significantly influence thepractice of the nuclear weapon States. It is therefore justified to analyse the problem under consideration, not from a State-oriented perspective, but from a human and environmentally centred one. The article argues not only that any use of nuclear weapons would be contrary to the rules of international law applicable in armed conflict, in particular the principles and rules of international humanitarian law, but it would also violate international human rights law. The article further dwells upon the customary international law aspects of the problem under consideration.

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Published
2020-06-15
How to Cite
Kapelańska-Pręgowska, J. (2020). Freedom from Nuclear Weapons? IHRL And IHL Perspective vs the State-Centred Approach. The Age of Human Rights Journal, (14), 137-153. https://doi.org/10.17561/tahrj.v14.5481
Section
ARTICLES