Abstract

G. Kreutzer “The Proliferation and Use of Nuclear Weapons from an International and Transnational Criminal Law Perspective” 

The invention of nuclear weapons coincides with the emergence of international criminal law towards the end of World War II; however, while scholars and practitioners, for a long time, attempted to address the nuclear weapons’ devastating effects from the angle of international humanitarian law, little thought was given to the applicability of international criminal law, prior to the adoption of the 1998 Rome Statute establishing the International Criminal Court; in light of international criminal law’s reinvigorated status following the cold-war period and against the findings by the International Court of Justice in its 1996 Advisory Opinion on the legality of the Threat or Use of Nuclear Weapons, numerous questions persist as to the individual criminal responsibility for the use of such weapons in the context of genocide, war crimes, crimes against humanity and, more recently, the crime of aggression. Moreover, notwithstanding the latent threat of nuclear attacks as part of a state policy, criminal use of nuclear material or weapons other than through state-sponsored conduct, represent a more probable, though less predictable risk; therefore states are well-advised to adopt a robust and sustainable legal framework for the prosecution of transnational nuclear offences; looking through the lens of international and transnational criminal law, this study outlines the applicable legal framework for the prevention and suppression of criminal conduct related to the proliferation and use of nuclear weapons by states and non-state actors, highlighting shortcomings and proposing ways to overcome them.