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Military, War, and Peace Commons

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Faculty Journal Articles and Book Chapters

2019

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Full-Text Articles in Military, War, and Peace

An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes Jan 2019

An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes

Faculty Journal Articles and Book Chapters

Although offenses against international law have been proscribed at a certain level of generality, nobody hitherto has examined closely the scientific and ecological damages that would be imposed by nuclear strikes in relation to resulting possible law-ofwar violations. To correct that information deficit and institutional shortfall, the first Part of this Article constructs a hortatory proposal for a tribunal for the use of nuclear weapons under international law. The second Part of the Article shows how such a tribunal statute would have a real-world effect on those charged with launching nuclear strikes and determining the legality of the strike orders. …