Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Request for Advisory Opinion by the World Health Organization) - Legality of the Threat or Use of Nuclear Weapons (Request for Advi

INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KJ The Hague. Tel(070-302 23 23).Cables: Intercowt. The Hague.

Telefax(070-364 99 28). Telex 32323.

,. Communiqué
unofficial
for immediate releaae
No. 95/37
20 November 1995

Legality of the Use by a State of Nuclear Weapops in Armed CopOict
Œequest for Adyjsory Opinion by the World Healtb Orgaojzatjop)

l&galityf the Threat Us~ of Nuclear Weapops

G=let~~-n ; itf:!s> v:frtllf!fti:S
Progress apd copclusjop of hearipgs

The public beariogs conceming the request for an advisory opinion submitted by the World Health
Organization on the question of the Le"aljty of the Use by aState ofNuclear Weapons jo Armed Contlict
as weil as the request submitted by the United Nations General Assembly on Le~aljtytion of the
of the Threat or_of Nuclear We..ap, hich opened on Monday 30 October 1995, were cane uded
on Wednesday 15 November.

During the hearings statements were made:
- on behalf the World Health Organization, by Mr. Claude-Henri Vignes, Legal Counsel (on the request
submitted byO only);

- on behalff Australia, by Mr. Gavan Griffith, Q.C., Solicitoof Australia, and by the
Honourable Gareth Evans, Q.C., Senator, Minister for Foreign Affairs;

- on behalff Egypt, by Mr. Georges Abi-Saab, Professor of International Law, Graduate Institute of
International Studies, Geneva, Member of the lnstitute of International Law;

- on behalfofFranby Mr. Marc Perrin de Brichambaut, Director of Legal Affairs, Ministry of Foreign
Affairs, and by Mr. Alain Pellet, Professor of International Law. University of Paris X and Institute of
Political Studtes, Paris;
- on behalf of Gerrnany, by Mr. Hartmut Hillgenberg, Director-General of Legal Affairs, Ministry of
Foreign Affairs;

- on behalff Indonesia, by H.E. Mr. Johannes Berchmans Soedarmanto Kadarisman, Ambassador of
Indonesia to the Netherlands;

- on behalf Mexico, by H.E. Ambassador Sergio Gonzâlez Gâlvez, Undersecretary of Foreign Relations;

- onbehalf of Iran, by H.E. Mr. Mohammad J. Zarif, Deputy Minister, Legal and International Affairs,
Ministry of Foreign Affairs;
- onbehalf of ltaly, by Mr. Umberto Leanza, Professor of International Law at the Faculty of Law of the
University of Rome "Tor Vergata", Head of the Diplomatie Legal Service at the Ministry of Foreign
Affairs and Agent of the ltalian Government before the International Courts;

- on behalf of Japan, by Mr. Takekazu Kawamura, Ambassador, Director-General for Arrns Control and
Scientific Affatrs, Mmistry of Foreign Affairs, by Mr. Takashi Hiraoka, Mayor of Hiroshima, and by
Mr. lecha ltoh, Mayor of Nagasaki;

- on behalf Malaysia, Dato' Mohtar Abdullah, Attorney-General, and by Ambassador Tan Sri Razali
Ismail, Permanent Representativf: of Malaysia to the United Nations in New York;
- on behalf New Zealand, the Honourable Paul East, Q.C., Attorney-General of New Zealand, and by
Mr. Allan Bracegirdle, Deputy Director of the Legal Division of the New Zealand Ministry of Foreign
Affairs and Trade; - 2 -

- on behalf of the Philippines, by Professor Merlin M. Magallona, Dean, College of Law, University of
the Philippines, Agent, and by H.E. Mr. Rodolfo S. Sanchez, Ambassador of the Philippines to the
Netherlands;

- on behalf of Qatar, by H.E. Mr. Najeeb ibn Mohammed AI-Nauimi, Minister of Justice;

- on behalfof the Russian Federation, by Mr. A. G. Khodakov, Director, Legal Department, Ministry of
Foreign Affairs;

- on behalf of San Marino, by Mrs. Federica Bigi, Official in charge of Political Directorate, Department
of Foreign Affairs;

- on behalf of Samoa, by H.E. Mr. Neroni Stade, Ambassador and Permanent Representative of Samoa

to the United Nations, New York, by Mr. Roger Clark, Distinguished Professor of Law, Rutgers
University School of Law, Camden, New Jersey, and by Mrs. Laurence Boisson de Chazournes, Assistant
Professor, Graduate Institute of International Studies, Geneva;

- on behalfof the Marshall Islands, by the Honourable Theodore G. Kronmiller,Le~a Clounsel, Embassy
of the Marshall Islands to the United States, and by Mrs. Lijon Eknilang, Counc1l Member, Rongelap
Atoll Local Government;

- on behalf of Solomon Islands, by the Honourable Victor Ngele, Minister for Police and National
Security, by Mr. Jean Salmon, Professor of Law, Université libre de Bruxelles, by Mr. James Crawford, ..,
Whewell Professor of International Law, University of Cambridge, by Mr. Eric David, Professor of Law,
Université libre de Bruxelles, and by Mr. Philippe Sands, Lecturer in Law, School of Oriental and
African Studies, London University, and Legal Director, Foundation for International Environmental Law
and Development;

- on behalf of Costa Rica, by Mr. Carlos Vargas-Pizarro, Legal Counsel and Special Envoy of the
Government of Costa Rica;

- on behalf of the United Kingdom of Great Britain and Northern Ireland, by the Right Honourable Sir
Nicholas Lyell, Q.C., M.P., Her Majesty's Attorney-General;

- on behalf of the United States of America, by Mr. Conrad K. Harper, Agent and Legal Adviser, US
Department of State, by Mr. Michael J. Matheson, Principal Deputy Legal Adviser, US Department of
State, and by Mr. John H. McNeill, Senior Deputy General Counsel, US Department of Defense;

- on behalf of Zimbabwe, by Mr. Jonathan Wutawunashe, Chargéd'Affaires a.i., Embassy of the Republic
of Zimbabwe, Brussels.

*
Questions were put:

- with regard to the request for advisory opinion by WHO only, by Judge Koroma, to the representative
of WHO;

- with regard to both requests:

by Vice-President Schwebel, to France, Mexico, Iran and Solomon Islands;
*
by Judges Shi and Vereshchetin, to ali delegations.
*
ln this regard theresident pointed out that replies were to be given in writing, within 15days, and
that the Court considered that, even if questions were put to a particular State or to WHO they were
deemed by the Court and by those asking them as being addressed as weil to any other State taking part
in the oral proceedings.

*

The Court will now begin to consider its advisory opinions. The date of the public sitting at which
the advisory opinions are to be read will be announced in a Press Communiqué.