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Thursday, August 10, 2006

The Question of Rules for the Use of Nuclear Weapons

The Question of Rules for the Use of Nuclear Weapons

The General Assembly,
Aware that there are no definitive rules regarding the use of nuclear weapons,
Noting the decision of the International Court of Justice in The Advisory Opinion on
the Legality of the Threat or Use of Nuclear Weapons (8 July 1996),
Believing that the General Assembly has special competence to determine the
circumstances where nuclear weapons can be used,
Reaffirming all relevant international law, including the International Convenant on
Civil and Political Rights, 1949 Geneva Conventions, 1977 Additional Protocols to the Geneva
Conventions as well as customary international law,
Further reaffirming the Nuclear Non-Proliferation Treaty and Security Council
Resolution 1540 (April 28, 2004),
1. Decides that the use of nuclear weapons by non-state actors is absolute
prohibited;
2. Further decides that the use of nuclear weapons by a Member State is
permitted only in response to an attack on that Member State resulting in an invocation of
Section 51 of the United Nations Charter, and where that attack involves the use of weapons
of mass destruction;
3. Further decides that it is prohibited for a Member State to possess nuclear
weapons outside the provisions of the Treaty on Non-Proliferation of Nuclear Weapons;
4. Reaffirming the ongoing requirement of Member States authorised under the
Treaty on Non-Proliferation of Nuclear Weapons to possess nuclear weapons to take steps to
disarm their nuclear arsenals.

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