THE LEGALITY OF NUCLEAR WEAPONS IN SELF-DEFENSE UNDER INTERNATIONAL HUMANITARIAN LAW: A CASE STUDY OF THE DISPUTE BETWEEN THE UNITED STATES, ISRAEL, AND IRAN

Abstract

Abstract

   This article aims to examine and analyze the principle of self-defense under the Charter of the United Nations in the context of the use of force and methods of warfare, taking into account international humanitarian law as a body of customary international law. The study focuses on situations involving attacks against the territorial integrity of a State, particularly those targeting civilian areas and causing destruction to food and energy resources, rather than directly undermining military security. It also considers responses that may affect the territory of neutral States.

   The article further observes that, although in theory the use of nuclear weapons may be invoked under extreme necessity, in practice such measures remain subject to stringent legal limitations and are difficult to reconcile with the principles of necessity and proportionality under international law.