Environmental Law: Nuclear Weapons, Human Rights, and the ICJ's Role

This report explores the intersection of international environmental law, nuclear weapons, and human rights, specifically focusing on the advisory opinion of the International Court of Justice (ICJ). It examines the ICJ's stance on the legality of nuclear weapons in relation to international humanitarian law and the right to a good environment. The report highlights the court's emphasis on protecting civilians and the environment from the harmful effects of nuclear weapons, including pollution. Furthermore, it discusses the importance of a clean and sustainable environment for human well-being and the recognition of environmental rights as fundamental human rights. The report also touches on the impact of pollution, clean air, and vegetative cover on human life and dignity.

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INTERNATIONAL ENVIRONMENTAL LAW
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International Environmental Law
9(a)
The International Court of Justice advisory opinion on the legality of the use of nuclear weapons
was done in a way that recognized the right to Good environment as a basic human right. The
first request to ICJ for advisory opinion on the legality of the use of nuclear weapons was made
by World Health Organization WHO and was declined because WHO was deemed to have acted
ultra vires. Later in 1994 the United Nation General assembly presented another request that was
accepted and judgment was rendered by the court that touched on many issues raised in the
pleadings before the court.
The issues addressed by the ICJ included the role of international judicial bodies, interaction
between various branches of international law as well as the norms of international humanitarian
law. Moreover, the ICJ also addressed the legality of the process involving nuclear deterrence
and meanings of article 6 of the Treaty on the Non-Proliferation of Nuclear Weapons.
The ICJ recognized the Right to a good environment as a basic human right. This is after its
ruling on nuclear weapons said that nuclear weapons are considered to be illegal in light of
international humanitarian law and applicable principles in a conflict that is armed. In opposing
the use of nuclear weapons, the ICJ emphasized that the civilians should not be made objects of
attack and that they should not use weapons that are not easily distinguished from the military
objects. Also, the court said that the principles of humanity as well as principles of international
law that are custom established should protect both the combatants and the civilians.
The ICJ ruling considers environmental sustainability because it limits the use of nuclear
weapons that are comprised of very harmful chemicals which can otherwise pollute the

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environment and endanger the life of humans. Thus this consideration makes a good
environment a necessity to humans.
(b)
People have a right to live in an environment which is free from pollution, which has clean air
and non-contaminated water, with beautiful vegetation, free from hostility, good infrastructure
and freedom to express oneself. Also, adequate and equality life conditions in a dignified life
conditions are man’s fundamental rights.
Generally, environment and human rights are equally supportive and protection of human rights
leads to a better conservation and management of the environment. Human life is considered
very important and the dignity of life can only be honored when the environment they live in is
comprised of clean and fresh air, free from solid waste as well as full of vegetative cover that
appreciates the diversity. It is in that regard that it can be concluded that a good environment is
the one whose conditions support the wellbeing of people who live within it.

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