Illegitimacy of Using Nuclear Weapons according to the Principle of Separation (in an Islamic Approach)

Together with man's striking advances in the field of new technologies, influenced by such advances, weapons have become more destructive and more horrible and created a terrible situation for humanity. The most important ones among such weapons are nuclear weapons whose main characteristic is mass destruction without any difference between civil and military individuals on the one hand and civil and military goals on the other. The scope of mass destruction by nuclear weapons is so extensive that it cannot be confined to a determined and limited area; and it is almost impossible to control mass destruction by such weapons. One of the established, fundamental, and humanitarian principles which is based on the Islamic and international standards is, however, necessity of observance of the "principle of separation" when a weapon is used and a military attack is made. In the present article, based on the principle of separation and its place in the international and Islamic laws, we have tried to show [consequences of] violation of this principle when, in a military conflict, nuclear weapons are used by one of the enemies, and, therefore, to prove, in spite of the decree issued by International Court of Justice, that making uses of and even threat to make uses of nuclear weapons are illegitimate.