Efforts to Outlaw Nuclear Weapons as a Weapon of Mass Destruction

The present study elaborates on the legal efforts to outlaw nuclear weapons. In this context, first the historical development of the nuclear weapon technology and the efforts of nuclear States to hinder others to do so are examined. Then it is suggested that the tendency of nuclear States to focus on securing/maintaining their positions rather than joining the calls for a comprehensive disarmament is still valid today. The basic argument of the present study is that the illegality of nuclear weapons and the legal requirements to this end can in fact be defended quite strongly, despite the “ambiguity” opinion of the ICJ given in 1996. One of the most important contemporary inputs to this end is the nuclear weapon free zones being created right across the world. On the other hand, almost the only obstacle to conclude that a general legal rule has already been crystallized is the very States that call out for nuclear non-proliferation.