An Analysis of Strategic Bombing of Civilian Areas and the Policy of Nuclear Deterrence in Light of the 1996 ICJ Advisory Opinion and Military Realities

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RAFIEI SEYYED REZA; SAVARI HASSAN

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Journal: Comparative Law Researches Year:2019 | Volume:23 | Issue:3 (105) Page(s): 155-183

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Title

An Analysis of Strategic Bombing of Civilian Areas and the Policy of Nuclear Deterrence in Light of the 1996 ICJ Advisory Opinion and Military Realities

Author(s)

RAFIEI SEYYED REZA | SAVARI HASSAN | Issue Writer Certificate

Keywords

strategic bombingQ1

policy of deterrenceQ1

1996 advisory opinion of the International Court of JusticeQ1

principle of distinctionQ2

Abstract

strategic bombing of population centers and civilian industrial and communication facilities is a widely-used method by involved parties in the wars waged in the 20th century. This strategy which aim at destruction of the economic power and the population morale is in contrast with the principles of international humanitarian law regarding the distinction between belligerents and non-belligerents. In its advisory opinion on the legality of the threat or use of nuclear weapons in 1996, the International Court of Justice, on the one hand insisted on the principle of distinction between combatants and non-combatants and on the other, recognized the deterrence policy as state practice, hence having legal effect. reviewing of some of the technical details and requirements of the deterrence policy leads to the conclusion that this policy is a continuation of the older concepts of total war and strategic bombing. Therefore, the recognition of the deterrence policy in international law is a tacit recognition of the possibility of the principle of distinction being violated in some cases. Hence, the strategy of some States, including the Islamic Republic of Iran for retaliatory attacks on the cities of their adversaries can be legally justified on this basis.

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APA: Copy

RAFIEI, SEYYED REZA, & SAVARI, HASSAN. (2019). An Analysis of Strategic Bombing of Civilian Areas and the Policy of Nuclear Deterrence in Light of the 1996 ICJ Advisory Opinion and Military Realities. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 23(3 (105) ), 155-183. SID. https://sid.ir/paper/362008/en

Vancouver: Copy

RAFIEI SEYYED REZA, SAVARI HASSAN. An Analysis of Strategic Bombing of Civilian Areas and the Policy of Nuclear Deterrence in Light of the 1996 ICJ Advisory Opinion and Military Realities. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;23(3 (105) ):155-183. Available from: https://sid.ir/paper/362008/en

IEEE: Copy

SEYYED REZA RAFIEI, and HASSAN SAVARI, “An Analysis of Strategic Bombing of Civilian Areas and the Policy of Nuclear Deterrence in Light of the 1996 ICJ Advisory Opinion and Military Realities,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 23, no. 3 (105) , pp. 155–183, 2019, [Online]. Available: https://sid.ir/paper/362008/en

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