The Feasibility of the Application of Jurisdiction of the International Criminal Court to Use of the Nuclear Weapons

At the Rome Diplomatic Conference (1998), which was held to ratify the Statute of the International Criminal Court, the ban of the use of nuclear weapons was not agreed to insert in the Statute of The Court. However, the disastrous effects of using these weapons, including massive human destruction, environmental destruction and violation of international humanitarian law are obvious to all. There is some of legal requirements regarding the jurisdiction of The Court in cases involving the use of nuclear weapons. Also, the facts that the majority of nuclear-weapon states did not accept the jurisdiction of The Court, and the majority of permanent members of the UN Security Council is formed of these states, reduce the possibility of criminal proceedings against the actions of a person using nuclear weapons. With regard to the characteristics and effects of the use of nuclear weapons, it can be prohibited under the crimes of jurisdiction of the Court, including genocide, crimes against humanity and war crime and prosecuted by the person using it at the International Criminal Court.