The use of nuclear weapons and human rights. (1st April 2016)

• Record Type: Journal Article
• Authors: Casey-Maslen, Stuart
• Is Part Of: International review of the Red Cross. Volume 97:Number 899(2015:Sep.)
• Page Start: 663
• Page End: 680
• Publication Date: 2016-04-01
• Subjects: human rights, -- right to life, -- humane treatment, -- remedy, -- jurisdiction, -- lex specialis, -- radiation, -- burns, -- necessity, -- proportionality; Red Cross and Red Crescent -- Periodicals; Humanitarian law -- Periodicals; Humanitarianism -- Periodicals; 361.772
• DOI: 10.1017/S1816383116000096
• Languages: English
• ISSNs: 1816-3831

Abstract

Abstract: International human rights law is an as-yet underused branch of international law when assessing the legality of nuclear weapons and advocating for their elimination. It offers a far greater range of implementation mechanisms than does international humanitarian law (IHL), and arguably strengthens the protections afforded to civilians and combatants under IHL, particularly in non-international armed conflict. Of particular relevance are the rights to life, to humane treatment, to health and to a healthy environment, associated with the right to a remedy for violations of any human rights.