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ID 38055
file
creator
Krasny, Jaroslav
NDC
Peace Science
abstract
This research is concerned with the use of nuclear weapons against combatants in an armed conflict and whether such a use violates or would violate the principle of unnecessary suffering as codified in St. Petersburg Declaration of 1868 and the Hague Conventions. In order to analyze what constitutes unnecessary suffering the method chosen for this research is comparison of the effects of nuclear, chemical and biological weapons on the human body. The reason for choosing this method is the abhorrence and distaste amongst international society towards chemical and biological weapons. These “inhumane” weapons are also already prohibited in international law mainly on the basis of violating the principle of unnecessary suffering.  

The paper deals with the physical and legal consequences of using nuclear weapons in an armed conflict. The main argument is that late effects even as a byproduct of nuclear explosion may cause “unnecessary” suffering of combatants. Even after a conflict ends these late effects continue to damage their organisms and thus prolong the suffering. On the other hand, not all nuclear weapons are the same. While a strategic use of a high-yield weapon would definitely be illegal, a tactical use of a low-yield nuclear weapon in remote areas, as anti-materiel or on high seas could limit the number of casualties and thus possibly be in compliance with the rules of international humanitarian law.
journal title
Hiroshima Peace Science
volume
Volume 36
start page
101
end page
116
date of issued
2015-03
publisher
広島大学平和科学研究センター
issn
0386-3565
ncid
language
eng
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
applicarion/pdf
text version
publisher
rights
Copyright (c) 2015 広島大学平和科学研究センター
department
Graduate School for International Development and Cooperation
Institute for Peace Science
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