Request for an Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (1994)

On 15 December 1994, the GA requested an ICJ advisory opinion on the legality of the threat or use of nuclear weapons, noting that “the continuing existence and development of nuclear weapons pose serious risks to humanity”, and that the “complete elimination of nuclear weapons is the only guarantee against the threat of nuclear war” (A/RES/49/75 K). The GA had previously and repeatedly declared the use of nuclear weapons a violation of the UN Charter and a crime against humanity.¹

Following on from a similar request by the World Health Organization in May 1993,² the GA requested the ICJ to render an advisory opinion on the following: “Is the threat or use of nuclear weapons in any circumstance permitted under international law?” (A/RES/49/75 K).³ On 8 July 1996, the Court concluded that “in view of the present state of international law … it cannot reach a definitive conclusion as to the legality or illegality of the use of nuclear weapons by a State in an extreme circumstance of self-defence, in which its very survival would be at stake”.⁴ The ICJ further agreed, however, on the “obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control”.⁵