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The Criminality Of Nuclear Deterrence


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mso-bidi-font-weight:bold”>The use of nuclear weapons in combat was, and still is, absolutely prohibited under all circumstances by both conventional and customary international law: e.g., the Nuremberg Principles, the Hague Regulations of 1907, the International Convention on the Prevention and Punishment of the Crime of Genocide of 1948, the Four Geneva Conventions of 1949 and their Additional Protocol I of 1977, etc. In addition, the use of nuclear weapons would also specifically violate several fundamental resolutions of the United Nations General Assembly that have repeatedly condemned the use of nuclear weapons as an international crime.
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mso-bidi-font-weight:bold”>Consequently, according to the Nuremberg Judgment, soldiers would be obliged to disobey egregiously illegal orders with respect to launching and waging a nuclear war. Second, all government officials and military officers who might nevertheless launch or wage a nuclear war would be personally responsible for the commission of Nuremberg crimes against peace, crimes against humanity, war crimes, grave breaches of the Geneva Conventions and Protocol 1, and genocide, among other international crimes. Third, such individuals would not be entitled to the defenses of superior orders, act of state, tu quoque, self-defense, presidential authority, etc. Fourth, such individuals could thus be quite legitimately and most severely punished as war criminals, up to and including the imposition of the death penalty, without limitation of time.
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mso-bidi-font-weight:bold”>THE THREAT TO USE NUCLEAR WEAPONS

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mso-bidi-font-weight:bold”>Thereunder, the threat to use nuclear weapons (i.e., nuclear deterrence/terrorism) constitutes ongoing international criminal activity: namely, planning, preparation, solicitation and conspiracy to commit Nuremberg crimes against peace, crimes against humanity, war crimes, genocide, as well as grave breaches of the Four Geneva Conventions of 1949, Additional Protocol I of 1977, the Hague Regulations of 1907, and the International Convention on the Prevention and Punishment of the Crime of Genocide of 1948, inter alia. These are the so-called inchoate crimes that under the Nuremberg Principles constitute international crimes in their own right.

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mso-bidi-font-weight:bold”>As can be determined in part from the preceding analysis, today's nuclear weapons establishments as well as the entire system of nuclear deterrence/terrorism currently practiced by all the nuclear weapon states are criminal — not simply illegal, not simply immoral, but criminal under well-established principles of international law. This simple idea of the criminality of nuclear weapons can be utilized to pierce through the ideology of nuclearism to which many citizens in the nuclear weapons states have succumbed. It is with this simple idea of the criminality of nuclear weapons that concerned citizens can proceed to comprehend the inherent illegitimacy and fundamental lawlessness of the policies that their governments pursue in their names with respect to the maintenance and further development of nuclear weapons systems.
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mso-bidi-font-weight:bold”>THE INTERNATIONAL CRIMINAL CONSPIRACY OF NUCLEAR DETERRENCE/TERRORISM

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bold”>Humankind must abolish nuclear weapons before nuclear weapons abolish humankind. Nonetheless, a small number of governments in the world community continue to maintain nuclear weapons systems despite the rules of international criminal law to the contrary. This has led some international lawyers to argue quite tautologically and disingenuously that since there exist a few nuclear weapons states in the world community, therefore nuclear weapons must somehow not be criminal because otherwise these few states would not possess nuclear weapons systems. In other words, to use lawyers' parlance, this minority state practice of nuclear deterrence/terrorism practiced by the great powers somehow negates the existence of a world opinio juris (i.e., sense of legal obligation) as to the criminality of nuclear weapons.

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mso-bidi-font-weight:bold”>To the contrary, the entire human race has been victimized by an international conspiracy of ongoing criminal activity carried out by the nuclear weapons states under the doctrine known as "nuclear deterrence," which is really a euphemism for "nuclear terrorism." This international criminal conspiracy of nuclear deterrence/terrorism currently practiced by the nuclear weapons states is no different from any other conspiracy by a criminal gang or band. They are the outlaws. So it is up to the rest of the international community to repress and dissolve this international criminal conspiracy as soon as possible.

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mso-bidi-font-weight:bold”>In light of the fact that nuclear weapons systems are prohibited, illegal, and criminal under all circumstances and for any reason, every person around the world possesses a basic human right to be free from this criminal practice of nuclear deterrence/terrorism and its concomitant specter of nuclear extinction. Thus, all human beings possess the basic right under international law to engage in non-violent civil resistance activities for the purpose of preventing, impeding, or terminating the ongoing commission of these international crimes. Every citizen of the world community has both the right and the duty to oppose the existence of nuclear weapons systems by whatever non-violent means are at his or her disposal. Otherwise, the human race will suffer the same fate as the dinosaurs, and the planet earth will become a radioactive wasteland. The time for preventive action is now!
 

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