Nuclear Proliferation In Light Of Human Rights

Susmita Mandal, BA LLB (Hons.), Hidayatullah National Law University

ABSTRACT

To maintain peace in the world has become the utmost priority of the world organisations but at the same it necessary to understand the cost at which we seek to achieve this peace. Nuclear proliferation is often justified as a scarecrow which scares away any war threats. But if this result is not achieved, would it stop just at that? When things escalate would this scarecrow actually cause damage that can amount to annihilation of humankind? Just as nuclear weapons have changed the perspective of global politics and armament, human rights have changed the protection and value of human life. Nuclear weapons pose a threat to human rights due to the disproportionate nature of such weapons and its large-scale impact that may affect the civilians along with the combatants. Due to the irreparable damage that it causes, the use of nuclear weapons has also been labelled as crime against humanity. Nuclear weapons have three unique features. Firstly, they cannot precisely differentiate between civilians and combatants due to their large-scale massive impact. Secondly, they cause massive damage and catastrophe which are more destructive than chemical weapons. Thirdly, they have long-lasting and permanent effects as can be witnessed from the people of Nagasaki and Hiroshima. There is no express norm of international law that totally bans the use of nuclear weapons. Treaties for non-proliferation that are not quite effective in prohibiting the use of nuclear weapons and other treaties banning nuclear testing but, are not yet enforced. However, the UN Charter has prohibited the use or the threat to use nuclear weapons except in self-defence and with the permission of the Security Council. In cases of armed conflicts, the international humanitarian law governs the use of nuclear weapons. Right to life being the jus cogens of international law brings to life the threat that is posed by the proliferation of nuclear weapons as they violate multiple human rights and are a threat to humanity itself.

Keywords: chemical weapons, human rights, nuclear non-proliferation, nuclear weapons, war.