Nuclear Deterrence and International Law: Assessing Compliance with Article 2(4) of the UN Charter

Abstract

This essay examines the legality and ethical implications of nuclear deterrence under international law, with a specific focus on Article 2(4) of the UN Charter, which prohibits the threat or use of force against the territorial integrity or political independence of states. It argues that nuclear deterrence, by its very nature, constitutes an unlawful threat of force and contravenes the foundational principles of international humanitarian law (IHL), including distinction and proportionality. The analysis draws on the 1996 Advisory Opinion of the International Court of Justice, the Treaty on the Prohibition of Nuclear Weapons (TPNW), and state practice to evaluate the tension between nuclear deterrence and the UN Charter’s commitment to peaceful dispute resolution. While arguments rooted in self-defence and state sovereignty are considered, the essay concludes that nuclear deterrence undermines global security and legal norms, advocating instead for renewed efforts toward disarmament and diplomatic engagement.