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National Repository of Grey Literature 1 records found  Search took 0.00 seconds. 
The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine
 Vetýšková, Eliška ; Ondřej, Jan (advisor) ; Tymofeyeva, Alla (referee)
1 The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine Abstract This thesis aims to examine the legality of the threat or use of nuclear weapons by applying sources of the international public law. This is achieved by means of using analytical and comparative methods. The key sources analysed in this thesis are general principles related to the law of international security, permissible use of force (ius ad bellum), and the principle of the law of armed conflicts (ius in bello). The main document opining on the legality of nuclear weapons is the "Advisory Opinion of the ICJ on the Legality of the Use of Nuclear Weapons". The legality of the threat or use of nuclear weapons is inextricably linked to the general prohibition of the use or threat of force against the territorial integrity and/or political independence of states, established in the UN Charter. Taking the UN Charter into consideration, the use and even the threat of use of nuclear weapons may potentially be considered as a violation of the public international law. From the in ius ad bellum perspective, there is no common rule that prohibits the use of nuclear weapons. The possibility of any such rule being established is directly eliminated by the principle of nuclear deterrence. From the ius in...
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