POL340Y1 Chapter Notes - Chapter 13: Protocol I, Advisory Opinion, Martens Clause
Document Summary
Icj advisory opinion on the legality of the threat or use of nuclear weapons (https://www. icj-cij. org/files/case-related/95/095-19960708-adv-01-00- "is the threat or use of nuclear weapons in any circumstance permitted under international law" Unga and unsc should only be asking questions within the matters they are working on. Court found that the unga has the authority to ask on all manner of questions. Threat or use of force in international relations. Has some political elements - no relevance to jurisdiction. Should not, in principle, refuse to give advisory opinion. Ga has not explained why relevant - they do not have to. The assumption should be that states can do what they want. Safeguarding / protection of environment - additional protocol i. Protect the environment from severe of widespread damage. Prohibit methods and means of warfare which are intended or may be expected to cause such damage. Prohibit attacks against the natural environment by way of reprisals.
