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The Sword in the Mirror – The Lawfulness of North Korea's Use and Threat of Use of Nuclear Weapons Based on the United States' Legitimization of Nuclear Weapons
| Content Provider | Semantic Scholar |
|---|---|
| Author | Moxley, Charles J. |
| Copyright Year | 2003 |
| Abstract | This Article addresses the lawfulness of the use or threat of use of nuclear weapons by the Democratic People's Republic of Korea (”North Korea” or “DPRK”). I address the topic from three perspectives: 1) North Korea's own statements of the matter; 2) U.S. statements of the law as applied to its own nuclear weapons; and 3) my evaluation of the matter based on international law as stated by the United States and as found by the International Court of Justice in the Nuclear Weapons Advisory Decision. THE SWORD IN THE MIRROR THE LAWFULNESS OF NORTH KOREA'S USE AND THREAT OF USE OF NUCLEAR WEAPONS BASED ON THE UNITED STATES' LEGITIMIZATION OF NUCLEAR WEAPONS Charles J. Moxley, Jr. * This Article addresses the lawfulness of the use or threat of use of nuclear weapons by the Democratic People's Republic of Korea ("North Korea" or "DPRK"). I address the topic from three perspectives: 1) North Korea's own statements of the matter; 2) U.S. statements of the law as applied to its own nuclear weapons; and 3) my evaluation of the matter based on international law as stated by the United States and as found by the International Court of Justice in the Nuclear Weapons Advisory Decision.' Because of the relevance of the potential effects of nuclear weapons to this legal issue, I review such facts. Because North Korea justifies its nuclear weapons program on the grounds of self-defense, I also review the history of hostilities between the United States and North Korea, and the current strategic positions of the two States. The thesis of this Article is that the United States' efforts to * Adjunct Professor, Fordham University School of Law. Professor Moxley is an attorney practicing in New York City, author of NUCLEAR WEAPONS AND INTERNATIONAL LAw IN THE POST COLD WAR WORLD (2000), and principal author of the Report of the Foreign and Int'l Law Committee of the New York County Lawyers' Association, On the Unlawfulness of the Use and Threat of Use of Nuclear Weapons, Sept. 11, 2000, available at http://www.nycla.org/NuclearWeaponssept2000.pdf (last visited Apr. 4, 2004). Professor Moxley is a member of the board of directors of the Lawyers' Committee for Nuclear Policy ("LCNP"). Professor Moxley acknowledges and thanks Fordham Law School students Lissa Schaupp, Frank Raimond, and Michael Yim, and New York attorney Brian J. McBreen for their extraordinary help in the researching and drafting of this Article. 1. Advisory Opinion No. 95, Legality of the Threat or Use of Nuclear Weapons, 1996 I.CJ. 95, pt. VI, 35-36 (July 8, 1996) (question presented to the Court by U.N. General Assembly resolution 49/75 K, adopted on Dec. 15, 1994), available at http:// 212.153.43.18/icjwww/icases/iunan/iunanframe.htm [hereinafter Nuclear Weapons Advisory Opinion]. The Court's decision and all but five of the fourteen individual opinions in the case are available at 35 I.L.M. 809 (1996). The remaining five, the declarations of Judges Bedjaoui, Herczegh, and Bravo and the individual opinions of Judges Guillaume and Ranjeva, appear at 35 I.L.M. 1343 (1996). |
| Starting Page | 1379 |
| Ending Page | 1379 |
| Page Count | 1 |
| File Format | PDF HTM / HTML |
| Volume Number | 27 |
| Alternate Webpage(s) | https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1938&context=ilj |
| Alternate Webpage(s) | http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1938&context=ilj |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
