Absolute Prohibition of Using Nuclear Weapons

That whether nuclear weapons may be used or not is debated both among legalists and scholars of jurisprudence. According to the International Court of Justice, nuclear weapon is able to destroy the whole human civilization as well as the whole ecosystemof the planet. As stipulated by the Court in the advisory opinion about " Legality of the Threat or Use of Nuclear Weapons", there is no rule in the contractual or conventional law which explicitly shows that whether the threat or use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defence. According to the NPT Treaty "Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament." This important commitment, unfortunately, has been never realized. In the Imami jurisprudence, along with some arguments, there is mention to a rule according to which under urgent conditions and to win a war, tools may be used which are not permitted to be used under ordinary circumstances of war. In the present article, the author has tried to argue for absolute prohibition of using nuclear weapons. The spirit of international law and the main principles governing humanitarian law are never consistent with using such weapons whichever conditions there may be. Principles of rationality, justice, and humanity are not consistent with using a weapon which is one of the distinct instances of offense, violation, and corruption. Some verses of the Holy Quran as well as traditions and Sirah of the Infallibles prove this claim.