Volume I Foreword by William J. Perry Foreword by John D. Feerick Foreword by Claire Finkelstein Foreword to First Edition by Robert S. McNamara Foreword to First Edition by David W. Leebron Foreword to First Edition by Kosta Tsipis Preface Acknowledgements Introduction PART I: The Law Chapter 1: The Law as Seen by the United States Sources of International Law Summary as to Applicable Sources Nature and Purpose of the Law of Armed Conflict Political Nature of the Law of Armed Conflict Binding Nature of International Law Main Corpus of the Law of Armed Conflict Jus ad Bellum and Jus in Bello General Rules of the Law of Armed Conflict Principle of Proportionality Principle of Necessity Principle of Moderation Principle of Distinction Rule of Civilian Immunity Limits on Target Area Bombing Principle of Neutrality Prohibition of Chemical Weapons Prohibition of Bacteriological/Biological Agents Principle of Environmental Protection Protection of Medical Facilities Prohibition of Genocide The Martens Clause Principle of Analogy Principle of Humanity Principle of Reciprocity Reprisals Mental State Crimes Under International Law Prohibitive Nature of Law of Armed Conflict Bases for a Per Se Rule Conclusion Chapter 2: The Law as Applied by the United States Operational Planning Prerequisites for a Per Se Rule General Applicability of the Rules of International Law to Nuclear Weapons International Agreements on Nuclear Weapons International Agreements on Other Weapons Sources of International Law The Martens Clause Prohibition of Causing Unnecessary Suffering Controllability of Effects of Nuclear Weapons Low-Yield Nuclear Weapons Significance of Probabilities as to Potential Nuclear Counterstrikes and Escalation Principle of Proportionality Time Frame for Determining Lawfulness Effects of Nuclear Versus Conventional Weapons Principle of Distrinction/Civilian Immunity Crimes against Humanity; Genocide Prohibition of Poisons Poison Gas Analogy Principle of Neutrality Environmental Security International Agreements on Human Rights The Resolutions Argument Reprisals Nuclear Deterrence Chapter 3: The ICJ's Nuclear Weapons Advisory Decision The Issue Presented The Court's Conclusion Unique Characteristics of Nuclear Weapons Finding of Insufficient Facts Apparent Unlawfulness of High-Yield Nuclear Weapons Nuclear Weapons for Self-Defense U.N. Charter Provisions The Court's Refusal to Engage in Risk Analysis Identification of Risk Factors The Lotus/Sovereignty Issue Pattern of Specific Instruments Covenant on Civil and Political Rights Genocide Convention Protection of the Environment Poisonous Weapons Agreed Limitations on Use of Nuclear Weapons Practice of Non-Use Nuclear Deterrence U.N. General Assembly Resolutions International Humanitarian Law Jus Cogens Principle of Distinction/Civilian Immunity Principle of Necessity Principle of Neutrality Requirements for a Per Se Rule to Arise Legal Limitations on the Lawfulness of Reprisals Whether the Court Found a Non Liquet Legal Status in the Absence of Applicable Law Purposes Underlying the Law of Armed Conflict Sources of International Law Mental State Significance of a Finding of Illegality Duty to Negotiate Disarmament Under Article VI of the NPT Characterization of the Court's Decision PART II: Additional Applicable Principles of Law Chapter 4: Prerequisites for a Per Se Rule U.S. Law Generally Accepted Principles of Law Chapter 5: Interpreting International Law According to Its Purpose Chapter 6: The Legal Significance of Probabilities as to the Potential Effects of the Use of Nuclear Weapons U.S. Law Generally Accepted Principles of Law Chapter 7: Probability Analysis Under Generally Accepted Principles of Criminal Law-Rules as to Recklessness and Foreseeability Chapter 8: Recklessness under the Law of Armed Conflict War Crimes Liability of States Criminal Liability of Individuals Willfulness as Including Recklessness Recognition by International Criminal Tribunals of Recklessness as a Sufficient Mens Rea forSome War Crimes Liability for Aiding and Abetting and Other Types of Joint Responsibility Commander Liability Potential Criminal Liability of Corporations Chapter 9: Limitations on the Extent to Which Innocent Third-Parties May be Endangered in the Exercise of Otherwise Lawful Uses of Force Chapter 10: The Lesser Evil/Necessity Principle Chapter 11: Legal Effect of Having Caused One's Own Need to Resort to Extreme Force PART III: Additional Legal History and Principles Chapter 12: The Evolution of International Law as to Landmines Chapter 13: Inapplicability of the Principle of Double Effect PART IV: Risk Factors of the Nuclear Weapons Regime Chapter 14: Risk Factors as to the Weapons Themselves Delivery Vehicles and Warheads Categories of Nuclear Weapons Radiation Effects of Nuclear Weapons Effects of Nuclear Weapons at Various Yields Climate Effects of Nuclear Exchanges Levels at Which Nuclear Weapons Would Likely Be Used in a Nuclear War Medical Care in the Aftermath of a Nuclear Strike Potential Effects of Electromagnetic Pulses Effects of Nuclear Weapons Testing Human Experience of Effects of Nuclear Weapons Testing Chernobyl Chapter 15: Risk Factors Inherent in U.S. Declaratory Policy as to Nuclear Weapons The Military Principle of Concentration of Force Extended Deterrence The Logic of Deterrence as Hinging Upon the Irrational Chapter 16: Risk Factors Inherent in U.S. Operational Capabilities and Planning Chapter 17: U.S. Nuclear Force Structure and Related Risk Factors Overall Nuclear Arsenal Strategic Nuclear Arsenal Tactical Nuclear Arsenal Emphasis on Strategic Nuclear Weapons Changes in Inventory Changes in Inventory Since 2002 Misleading Nature of Reductions in Numbers Volume II Chapter 18: Times the United States Threatened or Considered the Use of Nuclear Weapons Chapter 19: Probabilities as to Accuracy of U.S. Targeting of Nuclear Weapons Chapter 20: Risk Factors Inherent in Nuclear Deterrence and Operational Readiness Reality of the Risks Risks of Precipitating Nuclear War Fostering of an Arms Race Fostering of Nuclear Proliferation Risks of Terrorism Risks of Human and Equipment Failure Risks to Command and Control Risks of Testing Risks of Production, Storage and Disposal Financial Costs Jeopardy to Rule of Law Catastrophe Theory Risks of Unstable, Impulsive, Incompetent or Ill-intentioned Leaders of Nuclear Weapons States Conclusion Chapter 21: Nuclear Weapons States and Concerns as to their Command and Control Chapter 22: Recognition that the Use of Nuclear Weapons Would Serve No Military Purpose Statements by U.S. Political Leadership Statements by U.S. Military Leadership Statements by Foreign Leaders Statements by Defense Experts Chapter 23: Likelihood Even a Limited Use of Nuclear Weapons Would Escalate into Widescale Nuclear War––Inconsistency of this Reality with the U.S. Nuclear War Plan Statements by U.S. Civilian Leaders Statements by U.S. Military Leaders Statements by Policy Experts Russian Perspective Chapter 24: Risks of Nuclear Weapons in the Contemporary World Terrorism The United States' Continued Legitimization of Nuclear Weapons U.S. Nuclear Hegemony Risks of High Alert Levels Launch on Warning Modernization Programs Irony of the United States' Continued Legitimization of Nuclear Weapons Missile Defense Rising Tensions Between the U.S. and Russia Stalemate as to Arms Control Cyber Security Risks Effects of Nuclear Weapons Worse than Previously Thought Chapter 25: Risk that Even a Limited Use of Nuclear Weapons Would Precipitate Use of Chemical or Biological Weapons in Retaliation, and Vice Versa Interrelatedness of Chemical, Biological and Nuclear Weapons Risks Risks of Chemical and Biological Weapons Legal Regime as to Chemical and Biological Weapons Destructiveness of Chemical and Biological Weapons Chemical and Biological Weapons States Proliferation Risks Chemical and Biological Weapons as a Major Security Threat Chemical and Biological Weapons in the World's Hot Spots Nuclear Deterrence as Directed Against Chemical and Biological Weapons Prior Use of Chemical Weapons as a Risk Factor Significance of the United States' Joining of the Chemical and Biological Weapons Conventions Chapter 26: The High Tech Conventional Weapons Alternative Evolution of Conventional Weapons Conventional Prompt Global Strike and Other Potentially Highly Accurate Long-Range Conventional Weapons Programs in Development Hardened and Deeply Buried Targets The Potential Replacement of Nuclear Deterrence with Conventional Deterrence PART V: Application of the Law to the Facts Chapter 27: Unlawfulness of Threat and Use of Nuclear Weapons under Rules of the Law of Armed Conflict As Articulated by the United States The Law of Armed Conflict as Including the Rules of Customary International Law Uncontrollability of the Effects of Nuclear Weapons as Connoting the Unlawfulness of the Use of Such Weapons under the Law of Armed Conflict U.S. Formal Position as to the Controllability of the Effects of Nuclear Weapons U.S. Acknowledgment of the Uncontrollability of Nuclear Weapons Effects The Fact of the Uncontrollability of Nuclear Weapons Effects Further Bases of Unlawfulness Unlawfulness under the Rule of Distinction Unlawfulness under the Rule of Proportionality Unlawfulness under the Rule of Necessity Unlawfulness under the Law of Reprisal Self-Defense as Subject to International Law War Crimes Unlawfulness of the U.S. Policy of Nuclear Deterrence Conclusion Chapter 28: Unlawfulness of Nuclear Weapons Threat and Use under Additional Rules of the Law of Armed Conflict International Law of Risk Creation International Law as to Causation Mens Rea Requirements for War Crimes Liability Crimes against Peace, Crimes against Humanity, and Genocide Foreseeable Nuclear Counter-Attacks and Escalation Rule of Neutrality Rule of Precaution Delayed and Inter-Generational Injury Policy of Deterrence as Threatening Use of High-Yield Nuclear Weapons Preemptive Use of Nuclear Weapons The Martens Clause The Invalidity of the “As Such” Rule The Federalist Papers and Nuclear Weapons Denial and the Nature of Evil Conventional Weapons Alternative Conventional Weapons and the Rule of Necessity Superfluous Injury Sufficient Inventories of Conventional Weapons Use of Low-Yield Nuclear Weapons Threatening Civilian Attacks Nuclear Weapons Advisory Opinion Legal Responsibility for Inadequate Control of Nuclear Weapons Per Se Unlawfulness Recognition of Extreme Risks of Nuclear Weapons Need for Independent Counsel Failure to Acknowledge the Facts and Follow the Law Failure to Comply with the Nuclear Non-Proliferation Treaty Treaty on the Prohibition of Nuclear Weapons Human Rights Law Conclusion Index Author Biographical Sketch