Nuclear weapons are the most dangerous weapons on earth.

One can destroy a whole city,

potentially killing millions, and jeopardizing the natural environment and lives of future
generations through its long-term catastrophic effects. The dangers from such weapons arise
from their very existence. Although nuclear weapons have only been used twice in
warfare— both times by the United States against Japan near the end of World War II. in the
bombings of Hiroshima and Nagasaki in 1945. Disarmament is the best protection against
such dangers, but achieving this goal has been a tremendously difficult challenge.

The United Nations has sought to eliminate such weapons ever since its establishment. The
first resolution adopted by the UN General Assembly in 1946 established a Commission to
deal with problems related to the discovery of atomic energy among others. Any future use of
nuclear weapons will only come into picture when there is hostility between two countries.

Accordingly, any such use of a nuclear weapon would be judged under the applicable
international laws,

jus in bello, is the law that governs the way in which warfare is conducted.

Jus ad bellum (Latin for "right to war") is a set of criteria that are to be consulted before
engaging in war in order to determine whether entering into war is permissible, that is,
whether it is a just war.

All members means all the members of the UN.

193 members.

Art 2(6) of the Charter provides that the UN Shall ensure that states which are not
members will act in accordance with these principles.

Shall refrain- written in the imperative shall and refrain means to hold back from doing
something. Also to note that this article contains a command or an order to member states –
they shall refrain from using force

Use of force- note that the word force is used not “war” the word force is broader.

The ICJ discussed this in an Advisory Opinion : it said that ‘an intention to use force if
cerain events occur ‘ would also amountto a breach of artcle 2 (4)

force against the territorial integrity or political independence of any state,- how should this
be interpreted ? The ICJ and the General Asembly have both given indications that it means
that no state has the right to intervene , directly or indirectly , for any reason , in the internal
or external affairs of another state. Each state must respect the territorial sovereignty of all
the other states

“Nothing in the present Charter shall impair the inherent right of individual or collective self-
defence if an armed attack occurs against a Member of the United Nations, until the
Security Council has taken measures necessary to maintain international peace and
security.

Chapter VII of the United Nations Charter sets out the UN Security Council's powers to
maintain peace. It allows the Council to "determine the existence of any threat to the peace,
breach of the peace, or act of aggression" and to take military and nonmilitary action to
"restore international peace and security".

Customary law case Nicaragua

Nicaragua (P) brought a suit against the United States (D) on the ground that the United
States (D) was responsible for illegal military and paramilitary activities in and against
Nicaragua. The jurisdiction of the International Court of Justice to entertain the case as well
as the admissibility of Nicaragua’s (P) application to the I.C.J. was challenged by the United
States (D).

But then US held on the ground that referring to the 1946 declaration by the US and stating
in part that the declaration “shall not apply to disputes with any Central American State”

unconditionally and was valid for an unlimited period.