The problem of the admissibility of the application of nuclear weapons is considered by means of analyzing the
materials contained in the Advisory Opinion of the International Court of Justice dated July 19, 1996. The author
shows that the Court, having ignored the analysis of preambles of international legal acts, has come to the conclusion
that the current international law does not forbid the application of nuclear weapons in an extreme case of self-defence.
On the contrary, the only judge whose system of argumentation included an analysis of the provisions contained in the
preambles, proved that all types of weapons of mass destruction had been forbidden as early as at the end of the 19th
century. The author shares this legal opinion and arrives at a generalising corollary on the necessity for such an issue as
«the preambles of legal acts» to be considered by the United Nations International Law Commission as one of primary
importance.
|
