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''Legality of the Threat or Use of Nuclear Weapons'' was an advisory opinion delivered by the International Court of Justice (ICJ) on 8 July 1996.〔"(Legality of the Threat or Use of Nuclear Weapons )" - Advisory Opinion of 8 July 1996 - General List No. 95 (1995-1998)〕 The initial request for an advisory opinion by the ICJ was presented by the World Health Organization (WHO) on 3 September 1993, but the ICJ did not render an opinion on this request because the WHO was ''ultra vires'', or acting outside its legal capacity. Another request was presented by the United Nations General Assembly in December 1994 and accepted by the Court in January 1995. The ICJ handed down an advisory opinion on 8 July 1996 the ''Legality of the Threat or Use of Nuclear Weapons'' case. The decision provides one of the few authoritative judicial decisions concerning the legality under international law of the use or the threatened use of nuclear weapons. Beyond the central question, many more general issues were touched upon by the Court or raised in the pleadings. These included institutional issues such as the proper role of international judicial bodies, and the ICJ's advisory function. The main substantive issues regarded sources of international legal obligation and the interaction of various branches of international law, particularly the norms of international humanitarian law (''jus in bello'') and the rules governing the use of force (''jus ad bellum''). In addition, the proceedings explored the status of "''Lotus'' approach", and employed the concept of ''non liquet''. There were also strategic questions such as the legality of the practice of nuclear deterrence or the meaning of Article VI of the 1968 Treaty on the Non-Proliferation of Nuclear Weapons. The Hypothetical possibility of outlawing the use of nuclear weapons in an armed conflict was raised as early as June 30, 1950, by the Dutch representative to the International Law Commission (ILC) J.P.A. François, who suggested this "would in itself be an advance".〔''Yearbook of the ILC, 1950'', vol. I, p. 131〕 In addition, the Polish government requested this issue to be examined by the ILC as a crime against the peace of mankind.〔''Yearbook of the ILC, 1950'', vol. 1, p. 162〕 However, the issue became mute due to Cold War tensions. ==Request of the World Health Organization== An advisory opinion on this issue was originally requested by the World Health Organization (WHO) on 3 September 1993:〔"(ICJ Press releases on the Legality of the Use by a State of Nuclear Weapons in Armed Conflict )" - General List No. 93 (1993-1996)〕 The ICJ considered the WHO's request, in a case known as the ''Legality of the Use by a State of Nuclear Weapons in Armed Conflict'' (General List No. 93), and also known as the ''WHO Nuclear Weapons case'', between 1993 and 1996. The ICJ fixed 10 June 1994 as the time limit for written submissions, but after receiving many written and oral submissions, later extended this date to 20 September 1994. After considering the case the Court refused to give an advisory opinion on the WHO question. On 8 July 1996 it held, by 11 votes to three, that the question did not fall within the scope of WHO's activities, as is required by Article 96(2) of the UN Charter.〔ICJ Press release on the (Legality of the threat or use of nuclear weapons - ICJ Advisory Opinion ) 8 July 1996, ICJ General List No. 93〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons」の詳細全文を読む スポンサード リンク
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