‘All Options Are on the Table’: Assessing the International Legality of Nuclear Threats
Monique Cormier and Anna Hood canvas a range of international instruments that prohibit nuclear threats and sought to explore the extent to which they apply to threats to use nuclear weapons that nuclear armed states have issued over time. They conclude that the existing rules are piecemeal, lack universal coverage, and are subject to numerous limitations and uncertainties. They argue there is an urgent need to strengthen the relevant international legal frameworks if they are to protect against threats to use nuclear weapons.
This paper is published simultaneously by Carnegie Endowment for International Peace here and by the Nautilus Institute here.
About the Project
The Assessing Nuclear ‘Threats’ Project: With the support of the Carnegie Corporation of New York, the Nautilus Institute and the Carnegie Endowment’s Nuclear Policy Program have produced four major papers and an Adelphi book on Russia’s war in Ukraine, five India-Pakistan crises or conflicts, and international law and nuclear threat, suggesting that nuclear signaling in the 21st century may be different than during the Cold War.
In collaboration with the Nautilus Institute and the Carnegie Endowment’s Nuclear Policy Program, we are conducting three online seminars with the authors to foster global discussion. Readers are invited to register to attend these events.
Bluff or Death? How to Assess Nuclear “Threats” February 5, 1.30-2.30pm EST register here
Nuclear Flashpoint? How Pakistan and India Manage Escalation, February 12, 10-1130am EST, register here
Nuclear Threats and the Limits of International Law, February 23, 7-830pm EST register here
Acknowledgements
The authors wish to thank the Nautilus Institute for Security and Sustainability for funding this project on nuclear threats, and Arianna Bacic and Maanya Kapoor for their excellent research assistance. This paper is a condensed and updated version of two articles previously published by the authors as part of this project: Anna Hood and Monique Cormier, “Nuclear Threats Under International Law Part I: The Legal Framework,” Journal of Peace and Nuclear Disarmament 7, no. 1 (2024): 157, https://doi.org/10.1080/25751654.2024.231 7489; and Anna Hood and Monique Cormier, “Nuclear Threats Under International Law Part II: Applying the Law,” Journal of Peace and Nuclear Disarmament 7, no. 1 (2024): 178, https://doi.org/10.1080/25751654.2024.2318840. A note on the title: ‘All options are on the table’ is a common threat issued by the United States and Russia intended to indicate potential nuclear weapon use.
The Nautilus Institute, the Carnegie Endowment for International Peace, and the Asia-Pacific Leadership Network thank the Carnegie Corporation of New York for its support of this project and its ongoing support of public-interest work to prevent nuclear conflict.
About the Author
Anna Hood is an associate professor at the University of Auckland. She is a public international law academic whose research focuses primarily on international disarmament law, international law and security, and the intersection between depth psychology and international law.
Monique Cormier is an associate professor at Monash University in Melbourne, Australia. She researches and teaches public international law, with a focus on the international law of nuclear nonproliferation and international criminal jurisdiction.
Disclaimer: The opinions articulated above represent the views of the author(s) and do not necessarily reflect the position of the Asia Pacific Leadership Network or any of its members. The APLN’s website is a source of authoritative research and analysis and serves as a platform for debate and discussion among our senior network members, experts and practitioners, as well as the next generation of policymakers, analysts and advocates. Comments and responses can be emailed to apln@apln.network.
Image: Amanda Branom with elements from iStock.
