The legitimacy of using nuclear weapons in case of military necessity

Abstract

The use of the principle of military necessity to achieve victory in armed conflicts or wars does not mean that the state concerned has absolute freedom to use lethal weapons without restriction or condition. The resort to force is legitimate in situations defined by public international law. In this context, international humanitarian law has established controls to prevent the commission of crimes against humanity, war crimes, or genocide. Therefore, the term nuclear weapons has become a source of interest due to their destructive properties to human life, especially after the United States used the nuclear bomb in World War II under the pretext of necessity and legitimate self-defense.