The earlier article on this question contained a discussion343 whether the references to ‘considerations of humanity’ in the Court’s case-law were to be understood as identifying such considerations as a separate source of law; or whether the law in this field was to be regarded as customary in nature, or as deriving from ‘general principles of law’. The conclusion reached was that some of the Court’s dicta pointed one way, and some another. The advisory opinion on the Legality of the Threat or Use of Nuclear Weapons is clearer on this issue. The Court began its...
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