Legality of the Threat or Use of Nuclear Weapons case brief

Legality of the Threat or Use of Nuclear Weapons


Procedural History:
Advisory opinion

Overview:
The General Assembly and World Health Organization requested advisory opinions from the International Court of Justice regarding the legality of nuclear weapons.

Issue:
May the International Court of Justice give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request?

Rule:
the ICJ may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the charter of the UN to make such a request.

Analysis:
The Court also rejected arguments that it should refrain from rendering an advisory opinion on the basis that such a reply might negatively affect disarmament negotiations, and that the Court would be exceeding its authority and acting in a law-making capacity. The Court rejected the latter argument on the basis that it simply states the existing law and does not legislate, even if it sometimes must specify the scope and application of such law .

Outcome:
Yes. The International Court of Justice may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request. Only compelling reasons are justified for a refusal to grant such an advisory opinion. The Charter of the United Nations authorizes the General Assembly to make such a request; however, the Court lacks the jurisdiction to grant such an opinion to the World Health Organization.