The Criminality of Nuclear Deterrence

By Francis A. Boyle | Go to book overview
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Notes
1
See Francis Anthony Boyle, The Future of International Law and American Foreign Policy 368, 469–77 (1989) (hereinafter cited as Boyle).
2
See The World Court Project on Nuclear Weapons and International Law (Aletheia Press: 1992).
3
U.N. Charter, Senate advice and consent to ratification July 28, 1945, 59 Stat. 1031, 3 Bevans 1153.
4
United Nations Participation Act of 1945, ch.583, 59 Stat. 619, as amended 22 U.S.C. §287 (1994).
5
The Paquete Habana, 175 U.S. 677, 700 (1900). See Jordan J. Paust, International Law as Law of the United States 1–9 (1996) (hereinafter cited as Paust); Louis Henkin, Foreign Affairs and the United States Constitution 231–46 (2d ed. 1996).
6
The International Covenant on Civil and Political Rights, 999 U.N.T.S. 171, entered into force Mar. 23, 1976, for the U.S. Sept. 8, 1992.
7
Restatement (Third) of Foreign Relations Law of the United States, pt. VII 149–50 (1987); Paust, supra, at 199–200, 228 n.182, 245–46 n.372.
8
The Convention on the Prevention and Punishment of the Crime of Genocide, 78 U.N.T.S. 277, entered into force Jan. 12, 1951, for the U.S. Feb. 23, 1989.
9
See, e.g., Charles J. Moxley, Jr., Nuclear Weapons and International Law in the Post Cold War World 304–11 (2000).
10
Who's Who in America 3748 (Marquis Who's Who ed., 50th ed. 1995).
11
Judith Miller, “Reagan Shelving Treaty to Revise Law on Captives”, N.Y. Times, Feb. 16 1987, at A1; Message from the President of the United States Transmitting Protocol II Additional to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of International Armed Conflicts, Concluded at Geneva on June 10, 1977, S. Treaty Doc. No. 2, 100th Cong. 1st Sess. III-V (1987), reprinted in 26 I.L.M. 561 (1987). See also Boyle, supra, at 79–134.
12
See, e.g., Michio Kaku & Daniel Axelrod, To Win a Nuclear War (1987). See also Robert C. Aldridge, Nuclear Empire (1989). See generally Michael Parenti, Against Empire (1995).
13
Convention Concerning the Laws and Customs of War on Land (Hague IV), Oct. 18, 1907, 36 Stat. 2277, T.S. No. 539, 1 Bevans 631, reprinted in 2 Am. J. Int'l. L. 90 (1908).
14
Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), Aug. 12, 1949, 6 U.S.T. 3516, 75 U.N.T.S. 287; Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention), Aug. 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S. 135; Convention for the Amelioration of the Condition of Wounded Sick, and Shipwrecked Members of Armed Forces at Sea (Second Geneva Convention), Aug. 12, 1949, 6 U.S.T. 3217, 75 U.N.T.S. 85; Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (First Geneva Convention), Aug. 12, 1949, 6 U.S.T. 3114, 75 U.N.T.S. 31.
15
See Francis A. Boyle, “The Relevance of International Law to the “Paradox” of Nuclear Deterrence”, 80 Nw. U.L. Rev. 1407 (1986).
16
Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land (Hague V), October 18, 1907, 36 Stat. 2310, T.S. No. 540, 1 Bevans 654.
17
Concerning the Rights and Duties of Neutral Powers in Naval War (Hague XIII), October 18, 1907, 36 Stat. 2415, T.S. No. 545, 1 Bevans 723.
18
See, e.g., Neutrality Act, 18 U.S.C. §960 (1994). See generally Francis Anthony Boyle, Foundations of World Order 123–43 (1999).
19
Serge Schmemann, “Gorbachev Offers To Scrap A-Arms Within 15 Years”, N.Y. Times, Jan 16, 1986, at A1. See Richard Falk, Explorations at the Edge of Time 17–19 (1992); Richard A. Falk, “Nuclear Weapons, International Law and the World Court: A Historic Encounter”, 91 Am. J. Int'l L. 64, 65 & n. 10 (1997).
20
See Written Observations on the Request by the General Assembly for an Advisory Opinion: Government of the United States, 7 Crim. L. F. 401, 402 & 405 (1996). See also Special Issue: The Advisory Opinion of the International Court of Justice on the Legality of Nuclear Weapons and International Humanitarian Law, Int'l Rev. Red Cross, No. 316 (Jan.-Feb. 1997).

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