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The Nuclear Weapons Advisory Opinion

The ICJ's controversial 1996 opinion on the legality of nuclear weapons and its lasting impact.

Background

In 1994, the UN General Assembly requested an advisory opinion from the ICJ on whether the threat or use of nuclear weapons is permitted under international law. The question touched the most sensitive issue in international security: whether the weapons that form the backbone of major-power deterrence are legal. Nuclear weapon states argued the Court should decline the question or find that nuclear deterrence was lawful. Non-nuclear states and civil society pushed for a clear declaration of illegality.

The Court received written and oral submissions from dozens of states, making it one of the most participated-in advisory proceedings in ICJ history.