The World Health Organization, the International Court of Justice, and Nuclear Weapons

Abstract

On May 14, 1993, the World Health Assembly of the World Health Organization ("WHO") asked the International Court of Justice ("ICJ") for an advisory opinion: "In view of the health and environmental effects, would the use of nuclear weapons by a State in war or other armed conflict be a breach of its obligations under international law including the WHO Constitution?" In the event the ICJ decides that the WHO has the authority to request the opinion, the Court would confront a multilayered question important to the future behavior of states, the character and development of international law, and the authority of the Court.