There is an affirmation for the use of nuclear weapons for particular reasons in the event when the state views the threat of the use of nuclear weapons as lawful. Regarding the case with autonomic weapons, there is no treaty that bans the use of nuclear weapons even when it is evident that they can cause massive danger with unforgettable consequences. The agreement made among the different states was the ban of nuclear weapon testing, and the possession of such weapons is limited to only five states which are the only permanent members of the Security Council. The five states that are in possession of nuclear weapons cannot under any circumstances use nuclear weapons in some regions or against some countries that do not possess nuclear weapons under certain conditions.
The World Health Organization was persuaded in 1993 by the project and its supporters to provide an advisory opinion that can be adapted by the court. A year later, the supporters passed a resolution that requested an advisory opinion on whether or not the threat of the use of nuclear weapons is permitted and the international law in certain circumstances. The question posed by WHO did not get an immediate answer as it was considered to be outside the scope of the activities that could be conducted by the organization (Bekker, 1997) .
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The use of strategic nuclear weapons to some extend is acceptable in certain instances which involve enemy countries and industries. Tactical nuclear weapons can be used against military or naval targets that are discrete and likely to cause injuries to civilians. For instance, the country can adapt the use of a nuclear depth charge in the process of destroying a nuclear submarine. The use of nuclear weapons in such events is not prohibited, and it is considered lawful. This consideration results from the fact that the use of the nuclear weapon would not lead to civilian casualties, but it meets the test of proportionality. The damage that the submarine weapon would have inflicted on the civilians and the targeted state’s territory would have been greater than what was entailed in the marine destruction together with its crew. Such kind of destruction could cause less radiation in water which is far less than the radiations that could have been caused if the misses could have been produced on land due to the nuclear attack conducted on civilians.
Another case that legalizes the use of nuclear weapons is in the destruction of an enemy army located in the desert. The situation would call for an attack to be conducted on the army to protect the possible injuries that could have been caused on the civilians. Nuclear weapons are not prohibited from being used in such events because it is within the lawful provisions. It is also a consideration that results from proportionality in not using nuclear weapons to allow the civilians to be attacked and killed or using the weapons to protect the citizens. The damage that the enemies in the desert could have brought to the targeted state’s territory could be of a higher intensity than the damage entailed in the desert army destruction. This action is meant to protect the targeted country’s territory, and its civilians, and such kind of nuclear attack could cause less radiation at the place of attack than the quantity of radiation that it could have caused if the real attack occurred on the targeted region. Such instances legalize the use of nuclear weapons to prevent worse situations from occurring if the attacks are not acted upon.
On the other hand, the use of nuclear weapons in any circumstance could cause massive damage and destruction to innocent people even if the situation is meant to protect the targeted country’s territory and civilians. There should be no particular instances that advocate for the use of nuclear weapons as there are other advanced weapons that can be used to prevent such attacks. Nuclear weapons have severe effects that could last for centuries in the targeted areas, and it is only but human to prevent the occurrence of such effects.
References
Bekker, P. H. (1997). Legality of the threat or use of nuclear weapons. AM. J. Int'l l. , 91 , 126.
