Zunaira Inam Khan

Ms Zunaira Inam Khan is a Research Analyst at the Institute of Regional Studies, Islamabad

DOI: http://DOI Number

Keywords: Nuclear weapons, disarmament, non-proliferation, NPT, TPNW, laws of war, deterrence, self-defence, reprisals, St. Petersburg Declaration, Hague Conventions, Geneva Protocol, Nuremberg Principles, ICJ

Abstract

The Treaty on the Prohibition of Nuclear Weapons (TPNW) entered into force on 22 January 2021. It is the right step in the direction to eliminate nuclear weapon possession and deployment. However, the fear remains that this is merely a symbolic step. The tangible and concrete legal consequences of TPNW for nuclear power states remain negligible. No nuclear state or NATO member has ratified the treaty and it seems very unlikely that they will do so in the future. This paper aims to address the illegality of nuclear weapons and argues that the concept existed throughout international law, even before the TPNW was ratified. The examples of various other treaties, of which the nuclear power states are signatories, highlight the already existing illegality of such weapons. Their refusal to sign the treaty can be viewed as nothing more than a hesitancy to give up indiscriminate power. The nuclear power states cannot, legally or in good conscience, refrain from becoming signatories.

First Published

March 25, 2021

How to Cite

Zunaira Inam Khan, “Criminalising Nuclear Weapons Under International Law,” Regional Studies 39, no.1 (Spring 2021): 51-65, https://regionalstudies.com.pk/wp/article/criminalising-nuclear-weapons-under-international-law/

Issue

Volume 39, Issue 1