Nuclear weapons, nuclear strategy, and law

Journal Article · · Denver J. Int. Law Policy; (United States)

OSTI ID:6958500

Almond, Jr, H H

Fried (Denver J Int. Law and Policy, V. 14, p 97 (1985)) asserted that international law establishes the illegality of nuclear weapons as illegal per se; i.e., that nuclear weapons are not permissible regardless of use. The author responds to Fried's essay by making the following argument. First, an analysis of international law and specifically, the law of war, shows that nuclear weapons are not, as Fried contends, illegal per se. The law of war addresses itself to the use of weapons during war, rarely prohibiting, under all conditions, the use of specific types of weapons. In some situations, the use of nuclear weapons may cause less destruction and suffering than some conventional weapons, and therefore better conforms to the spirit of the law of war. Second, deterrence has always been a fundamental aspect of nuclear arms control, but works only when the threat of aggression is backed by stocked and ready arsenals. Finally, the Strategic Defense Initiative (SDI) need not be the comprehensive defense system Fried portrays; it is, rather, a defensive system aimed at enhancing deterrence policy and as such, it is not only legal, but a necessary element in shaping our policy with the Soviet Union. The author discusses some of the relevant propositions raised by Fried. 45 references.

• OSTI ID: 6958500
• Journal Information: Denver J. Int. Law Policy; (United States), Journal Name: Denver J. Int. Law Policy; (United States) Vol. 15:2-3; ISSN DJIPD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290600 -- Energy Planning & Policy-- Nuclear Energy
350200 -- Arms Control-- Proliferation-- (1987-)
45 MILITARY TECHNOLOGY, WEAPONRY, AND NATIONAL DEFENSE
450202* -- Explosions & Explosives-- Nuclear-- Weaponry-- (-1989)
98 NUCLEAR DISARMAMENT, SAFEGUARDS, AND PHYSICAL PROTECTION
AGREEMENTS
BALLISTIC MISSILE DEFENSE
ETHICAL ASPECTS
INTERNATIONAL LAWS
LAWS
LEGAL ASPECTS
MILITARY STRATEGY
NATIONAL DEFENSE
NUCLEAR DETERRENCE
NUCLEAR WEAPONS
WARFARE
WEAPONS