A non liquet on nuclear weapons - The ICJ avoids the application of general principles of international humanitarian law

The Advisory Opinion delivered by the International Court of Justice (ICJ) on the Legality of the Threat or Use of Nuclear Weapons was a somewhat disappointing if not entirely unexpected decision [2 ] . After the final paragraph, which constitutes the dispositif, all fourteen judges appended either personal declarations, separate opinions or dissenting opinions to indicate the extent to which they agreed or disagreed with specific findings and particular aspects of the reasoning behind the Opinion.

About the author

Dr Timothy L.H. McCormack
Professor of International Humanitarian Law, Faculty of Law, The University of Melbourne, Australia