Criminality of Nuclear Deterrence : Could America's War on Terrorism Go Nuclear?

by Boyle, Francis Anthony

• ISBN13: 9780932863331
• ISBN10: 0932863337
• Format: Paperback
• Copyright: 2002-04-01
• Publisher: Scb Distributors

Author Biography

Francis A. Boyle teaches international law at the University of Illinois, Champaign.

Table of Contents

Foreword	11	(5)
Rev. Philip Berrigan
Special Introduction	16	(24)
George Bush, Jr.
Machiavelli Redux
International Legal Nihilism
11 September 2001
The Facts
The Powell/Blair White Paper
The Cover-Ups
The Bin Laden Video
Framing a Response to September 11th
Terrorism and the Law
The U.S. Policy Preference: Not Terrorism-War
The UN Security Council Disagrees: Terrorism, not War
Bush Sr. v. Bush Jr.
No Declaration of War from Congress
The Infamy of Korematsu
Instead, A Blank Check to Use Military Force
Bush Sr. v. Bush Jr. Redux
``Ending States''
Honest Nuclear War-Mongering
The Prostitution of NATO
Bush Jr.'s Crusade
The U.S./UN Ambassador of Death
Nazi ``Self-defense'' Resurfaces
Retaliation Is Not Self-Defense
Choosing Violent Resolutions for International Disputes
Humanitarian Catastrophe
Why War?
It's Still the Oil, Stupid!
How Empires Rule at Home
Bush Jr's Constitutional Coup D'Etat
Ashcroft's Police State
Bush's Kangaroo Courts
The Bush Jr. Withdrawal from the ABM Treaty
Conclusion/Prologue
The U.S. Embraces International Legal Nihilism	40	(15)
The Lessons of Hiroshima and Nagasaki	55	(37)
``Points of Choice''
The Shimoda Case
U.S. War Department Field Manual 27-10 (1940)
Protections for the Civilian Population
The Prohibition on Collective Punishments
Truman's Utilitarian Justification
Military Necessity?
Aerial Bombardment
Strategic Warning
Military Versus Civilian Attitudes Toward the Bomb
The Interim Committee
The Hague Regulations
Personal Criminal Responsibility
The Nuremberg Charter
The International Military Tribunal for the Far East
The Geopolitical Reasons Behind Hiroshima and Nagasaki
The Criminality of Using Nuclear Weapons
The Criminality of the Threat to Use Nuclear Weapons
World Opinio Juris
The Criminal Conspiracy of Nuclear Deterrence/Terrorism
The Consequences of U.S. Nuclear Deterrence/Terrorism
The Irrationality of Irrationality
The Illegal Status of Nuclear Arms Control Agreements
The Current Policy Implications of Hiroshima and Nagasaki
The Relevance of International Law to the Paradox of Nuclear Deterrence	92	(44)
Critique of the ``Positivist'' Approach to Analyzing the Legality of Nuclear Weapons
The U.S. Government's Argument for the Legality of Using Nuclear Weapons
The Relevance of the Nuremberg Principles to Nuclear Deterrence
The Lotus Case Versus the Martens Clause
The Precedential Significance of America's Response to Germany's Policy of Unrestricted Submarine
Warfare During the First World War
Paragraph 35 of the U.S. Army Field Manual Reconsidered
The Illegality of U.S. Nuclear Deterrence Doctrine Promotes
Military Insubordination
Analyzing the Legality or Illegality of the Reagan
Administration's ``Protracted Nuclear War-Prevailing''
Deterrence Doctrine
The Theory Versus the Reality of U.S. Strategic Nuclear Deterrence
The Counterproductivity of the Reagan Administration's SIOP
A Preemptive Nuclear Strike Upon the Soviet Union
Nuclear Deterrence of Conventional Warfare
It it Lawful to Possess Nuclear Weapons?
Conclusion
Star Wars vs. International Law: The Force Will Be Against Us!	136	(26)
The Deadlocked Geneva Negotiations
SALT I
The U.S. MIRV Program
The Fate of SALT II
The SALT II MIRV Buildup
SALT II Violations?
The SDI Program
SDI vs. the ABM Treaty
The Reinterpretation of the ABM Treaty
SDI as a Propaganda Gesture
SDI at Geneva
Reagan's Repudiation of SALT I and SALT II
SDI as Part of the Nuclear Arms Race
SDI as a First-Strike System
Progress at Geneva?
START at Geneva
Conclusion
The Criminality of Nuclear Deterrence	162	(44)
Introduction
Authority of the World Court's Advisory Opinion
Summary of the World Court's Advisory Opinion
The Criminality of the Threat and Use of Nuclear Weapons
The Importance of Paragraph 104 of the Advisory Opinion
Burden of Proof
The Right to Life
Genocide
Environmental Protection
Violations of the United Nations Charter
The Principles of Necessity and Proportionality
Nuclear Escalation
Reprisals
The Illegality of Nuclear Deterrence
Possession of Nuclear Weapons
Nuclear Weapons and the Laws of War
Nuclear Deterrence and International Humanitarian Law
Nuclear Weapons and Nuremberg Accountability
Nuclear Weapons and International Humanitarian Law
Violation of the International Laws of Neutrality
Condemnation of Tactical Nuclear Weapons and Warfare
Conclusion on International Humanitarian Law and Nuclear Weapons
The World Court's Non-Pronouncement in Paragraph 97
Nuclear Disarmament
The Dispositif
Unanimous Ruling on the UN Charter
Unanimous Ruling on International Humanitarian Law
Unanimous Ruling on Nuclear Disarmament
The Court's Ruling on the Threat and Use of Nuclear Weapons
The Importance of Paragraph 104
Interpreting Paragraph 105 (2) (E)
The Dissenters to Paragraph 105 (2) (E)
Conclusion
Conclusion: Democracy vs. The Nuclear Power Elite	206	(5)
Index	211