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Concept
On July 8, 1996, the ICJ delivered an historic Advisory Opinion (AO) on the Legality of the Threat or Use of Nuclear Weapons, in which it affirmed that the threat or use of nuclear weapons is generally contrary to international law, and that there is a universal and unconditional obligation to pursue, and bring to a conclusion, negotiations on nuclear disarmament in all its aspects.
The AO has helped consolidate a norm of non-use of nuclear weapons, possibly preventing such use. It has also contributed to the development of law protecting future generations, and has provided inspiration for subsequent advisory opinions on critical global issues, including the recent ICJ Advisory Opinion on the Obligations of States with Respect to Climate Change.
However, the AO remains only partially implemented. Nuclear Weapon States and their allies have not relinquished nuclear deterrence policies (the general threat to use nuclear weapons). Nor have they concluded negotiations on comprehensive nuclear disarmament. This event will consider the legal implications and political impact of the nuclear weapons opinion, and what more must be done to ensure its full implementation.
The event will also consider the lessons from the AO on nuclear weapons for the more recent Advisory Opinion on the Obligations of States with respect to Climate Change, and its full implementation. This includes possibilities of follow-up legal action in domestic, regional and international courts, including potential contentious cases in the International Court of Justice.
In addition, the event will consider the AO process in general, with respect to aggression and other critical global issues, including the proposed AO on the Legal Limits to the use of the Security Council veto, with a special screening of The Veto.
This is one of a number of events planned around the world to commemorate the 30th anniversary of the ICJ Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, including the Horizon 2045 Lex Mundi Nova webinar series.
Program
Wednesday July 8
Venue: Asser Institute - Centre for European and International Law, R.J. Schimmelpennincklaan 20-22, Den Haag 2517 JN
10:30 Registration
11:00 Opening Session: The Roles of the ICJ and its Advisory Opinions: Introduction to the ICJ Advisory Opinion on nuclear weapons
Moderator:
- Dr. Deepshikha Kumari Vijh (USA), Executive Director, Lawyers Committee on Nuclear Policy. Director, UN office for IALANA (tbc)
Speakers:
- Philippe Couvreur (Belgium), Judge ad hoc (2019– ), former Registrar (2000–2019) and former Principal Legal Secretary (1995–2000) of the International Court of Justice. Former Judge ad hoc of the International Tribunal for the Law of the Sea (2023–2026) and ICSID Arbitrator (2021–2025). Member of the Institut de droit international and Corresponding Member of the Royal Academy of Moral and Political Sciences of Spain;
- Phon van den Biesen (Netherlands), Co-President, International Association of Lawyers Against Nuclear Arms. Co-Agent of the Marshall Islands in the ICJ case agains Nuclear Weapon States.
12:15 Lunch
13:30 Panel 1. Further reflections on the ICJ Advisory Opinion on nuclear weapons
Moderator:
- Alyn Ware (New Zealand/Czech Republic), Program Director, World Federalist Movement-Institute for Global Policy. International Representative, Aotearoa Lawyers for Peace. UN Advocacy Leader, World Court Project on Nuclear Weapons and International Law (1992-1996). Global Coordinator, Parliamentarians for Nuclear Nonproliferation and Disarmament.
Speakers:
- Prof. Nico Schrijver (Netherlands). Emeritus Professor of Public International Law at Leiden University. Interim President, Netherlands National Human Rights Institute.
- Amela Skiljan (Germany), LL.M.Eur. (University of Bremen). Deputy Chair, International Association of Lawyers Against Nuclear Arms (IALANA) Germany. Council Member, International Peace Bureau;
- John Burroughs (USA), Senior Analyst, Lawyers Committee on Nuclear Policy (online);
- Charles Moxley (USA), Adjunct Professor of Law, Fordham Law School. Fellow, College of Commercial Arbitrators (online).
15:oo: Coffee break
15:30 Panel 2. The ICJ Advisory Opinion on climate change
Moderator:
- Neshan Gunasekera (Sri Lanka/Germany), CEO, World Future Council. Deputy Chair, Ethics Specialist Group, International Union for the Conservation of Nature.
Speakers:
- Margaretha Wewerinke-Singh (Netherlands), Associate Professor of Sustainability Law, University of Amsterdam. Member of the Vanuatu legal team for the ICJ AO on Climate Change.
- Prof. Cristiane Derani (Brazil), Director of Programs, Academic Relations, Global Alliance against Hunger and Poverty. Professor of Public International Law and International Economic Law at the Federal University of Santa Catarina, Brazil. Group Chair, Ethics Specialist Group, International Union for the Conservation of Nature.
- Julius Kruse (Germany/Netherlands), Student, Leiden University. Volunteer, Strategic Support to the World Future Council;
16:50 Concluding comments for Day 1 and announcements
- Phon van den Biesen (Netherlands), Co-President, International Association of Lawyers Against Nuclear Arms. Co-Agent of the Marshall Islands in the ICJ case agains Nuclear Weapon States.
19:00 Conference dinner with guest speaker
Thursday July 9
Venue: Asser Institute - Centre for European and International Law, R.J. Schimmelpennincklaan 20-22, Den Haag 2517 JN
9:oo Registration and Coffee
9:15 Special Session: Lex Mundi Nova webinar series: 30th anniversary of the nuclear weapons ICJ AO
Moderator:
- Jan Hoekema (Netherlands). Chair Pugwash Netherlands.
Speaker:
- Kathleen Lawand (Switzerland), Senior consultant. International humanitarian law & policy, arms control & disarmament, multilateral diplomacy & strategy, Geneva Centre for Security Policy. Senior Adviser, Horizon 2045;
9:45 Panel 3. Nuclear weapons and international human rights law
Moderator:
- Natia Ninoshvili (Georgia/Czech Republic). PNND Program Officer, Core Team Member, Youth Fusion
Speakers
- Ayleen Roy (Austria), Core Team Member, Youth Fusion;
- Daniel Rietiker, IALANA Co-President. President, Association of Swiss Lawyers Against Nuclear Arms.
10:30 Coffee break
10:45 Panel 4. Legal Alternatives to War (LAW not War): Advancing the ICJ’s universality and effectiveness to constrain nuclear weapons, implement the 1996 Advisory Opinion, and advance common security.
Moderator:
- Alyn Ware (New Zealand/Czech Republic), Program Director, World Federalist Movement-Institute for Global Policy. International Representative, Aotearoa Lawyers for Peace. Global Coordinator, Parliamentarians for Nuclear Nonproliferation and Disarmament.
Speakers
- Dr. Deepshikha Kumari Vijh (USA), Executive Director, Lawyers Committee on Nuclear Policy. Director, UN office for IALANA;
- Dr Hedy Fry MP (Canada). Member of the House of Commons. Head of the Canadian Parliament Delegation to the OSCE Parliamentary Assembly. OSCE PA Special Representative on Gender Issues.
- Dr. Arthur Eyffinger, former Head Librarian of the International Court of Justice (1988-2003)
- Neshan Gunasekera (Sri Lanka/Germany), CEO, World Future Council. Co-founder, LAW not War. Co-convener, ImPact Coalition on Strengthening International Judicial Institutions.
12:00 Panel 5: The ICJ and the Legal Limits to the Veto
Screening of the documentary The Veto (short version)
Speakers
- Rebecca Shoot, Co-convenor, ImPact Coalition on Strengthening International Judicial Institutions. Co-founder, LAW not War. Chair Washington Working Group on the ICC (tbc);
- Prof. Jennifer Trahan (USA). Clinical Professor, NYU’s Center for Global Affairs. Author, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes (video message);
13:15 Final Plenary and closing comments
Post event optional activity:
15:30-17:00 Tour of Hague international peace sites and 3D Nuke Missile social media action
Event cosponsors
Aotearoa Lawyers for Peace, Basel Peace Office, Disarmament and Security Centre, Earth Trusteeship Working Group, Global Security Institute, Horizon 2045, ImPACT Coalition on Strengthening the International Judicial Institutions, International Association of Lawyers Against Nuclear Arms (Netherlands Section), Lawyers Committee on Nuclear Policy, Parliamentarians for Nuclear Nonproliferation and Disarmament, Physicians for Social Responsibility and the Prevention of Nuclear War (PSR/IPPNW Switzerland), Pugwash Netherlands, United Nations Association of NZ, Wereld Federalisten Beweging Nederland, World Federalist Movement-Institute for Global Policy, World Future Council and Youth Fusion.
Background reading/viewing
- Aotearoa/New Zealand at the World Court (PDF), by Kate Dewes and Robert Green. Foreword by the Rt Hon David Lange. Chronicles the campaign to take the issue of the legality of the threat or use of nuclear weapons to the ICJ, how it succeeded and the outcome.
- Video Presentations commemorating the 25th anniversary of the ICJ AO on nuclear weapons. The opening presentation provides an overview of the origins of the campaign for an ICJ AO on nuclear weapons, how the campaign succeeded in getting the case to the court, the resulting decision from the ICJ, and its impact and follow-up. Subsequent presentations go into more detail on specific aspects of the ICJ AO on nuclear weapons.
- The Legality of the Threat or Use of Nuclear Weapons: A Guide to the Historic Opinion of the International Court of Justice, by John Burroughs. Foreword by Phon van den Biesen. An excellent analysis of the decision of the court and what it means legally.
- Fighting not Drowning, 20 minute video of the ICJ hearings on climate change.
- Can Common Security replace Nuclear Deterrence. 5 minute video presentation by Dr Deepshikha Kumari Vijh, Lawyers Committee Nuclear Policy. Dr Kumari Vijh speaks about the role of law and legal mechanisms, in particular the International Court of Justice, to assist the peaceful resolution of international disputes (LAW not War) and contribute to common security as an effective alternative to nuclear deterrence.
- Why the Nuclear Danger grows Day by Day, by Judge C.G. Weeramantry, World Future Council, April 2005. Judge Weeramantry wrote a comprehensive dissenting opinion in the 1996 ICJ Advisory Opinion on nuclear weapons. Why the Nuclear Danger grows Day by Day, published 9 years after the ICJ opinion, discusses devastating human, environmental, and legal consequences of nuclear weapons, and the urgent need to prevent their use and negotiate for their abolition.