Lettedate20 June1,99hm theGaieraDirectofor
MultiiamaiûrganiAonattheMinisûofForei AgnàirofEcuador EMBAJADA DEL ECUADOR
EN LOS PAISES BAJOS
NON OFFICIAL TRANSLATION ,
Excellency:
With reference to the consultive opinion required to the
International Court of Justice by the General Asseinbly of the
United Nations, through resolution 49/75 K, with the purpose of
getting the Court's opinion weather the international law will
authorize, under any circumstances, the threat or use of nuclear
weapons, the Government of Ecuador would like to transmit to his
Excellency the following considerations:
A) The International Court of Justice is perfectly competent
to pronounce her self weather the threat or use of nuclear
weapons is legal or illegal:
B ) The subject presented by the General Assembly of the United
Nations offers different phases of juridical analysis. being
necessary the opinion of the International Court of Justice in
al1 of them.
C) The use or threat of use of nuclear weapons is out of
question in zones that are geographically clean of nuclear
weapons, as is the case of Latin America. Within this region, to
which Ecuador is a part of, the Treaty of. the Proscription of
Nuclear Weapons (Treaty of Tlatelolco) of 1967 and its additional
protocols, prohibit any practice, use or possession of any
nuclear weapons;
D) Also should be analyzed weather the threat or use of
nuclear weapons is legal or illegal, in relation with the
principles of the International Humanitarian Law, particularly
those consecrated in the Conventions of Geneva of 1945, and in
the additional Protocol 1 of 1977;
His Excellency
Mohamed Bed j aoui,
President of the International Court of Justice
The Hague EMBAJADA DEL ECUADOR
EN LOS PA~SES BAJOS
It is clear that the use of nuclear weapons creates cruel
and inhuman sufferings upon its victims, weather they are in
combat or not, and that it leaves lethal effects on humans for
many years. Having said this, the use of nuclear weapons
contradicts the humanitarian dispositions against the use of
warlike artifacts that provoke cruel and unnecessary sufferings
to its victims.
Besides, the use of nuclear weapons does not discriminate
by general nom the milita- objectives from civil objectives.
This factor equally attends against a fundamental principle of
the International Humanitarian Law: whi&? takes csre of the
protection of innocent people during war times.
On the other hand, the effects of the use of nuclear
weapons, in al1 cases, will cause devastating effects on the
environment. In consequence, it opposes to the humanitarian
conditions that prohibit the destruction of the environment,
which is the only guarantee of thesurvival of the hwnan species,
and of the whole chain of life of the planet.
E The analysis weather the threat or use of nuclear weapons
is legal or illegal, should also be reflected on the legal
perspectives from the principles of Nuremberg from 1945.
On one hand, the disproportions of a nuclear response, and
the uncontrollable effects that a nuclear device has, can easily
go against the law and the uses of the war ( such as the attack
to unarmed or wounded people, to minors, to people protected by
non violent humanitarian or religious organizations, peace
missionaries and journalists, or the destruction of cultural and
civil property. etc. )
On the other hand, the use of nuclear weapons.has the
consequences that fit perfectly with the legal figure of war
crimes against humarkiad: the assassination and axterm.i.natioonf
entire populations and other inhuman acts committed against the
civil population;
F) The effects of the use of nuclear weapons can also
contradict other international noms, apart from the already
mentioned, that refers to the use of inhuman warlike artifacts,
such as those of The Hague Conventions of 1899 and 1907, and the
Protocol of Geneva of 1925;
G The threat or use of nuclear weapons has consequences that
contradicts the legal international ordering that protects and
guarantees the operation of Human Rights of the people.
The Republic of Ecuador considers that the pronouncement of the
International Court of Justice about the illegality of nuclear
weapons will help fortalice the arguments of the people and the EMBAJADA DEL ECUADOR
EN LOS PA~SES BAJOS
nations that with deeds instead of words, will support a genuine
process of no proliferation and nuclear disarmament progressive
and verifiable.
Considerations related with the effectiveness and
applicability of international law should not prevent the
pronouncement of the International Court of Justice over the
question submitted by the General Assembly of the United Nations.
It is true that the instruments of military power and political
influences of certain States can not be wunteract in an
automatic way, arguing a simple legal ptinciple. This is nothing
new as it is of general knowledge that international law
unfortunately does not have at this moment the power to impose
their decisions on different matters,among them the ones related
to nuclear disarmament. Nevertheless, seen from another point of
view, a juridical pronouncement over the illegality of nuclear
weapons would be a transcendental fact and highly estimable: it
has been historically demonstrated that juridical stipulation,
apparently utopian, in their own way and not with little trouble,
have contributed in forging the human conscience of the nations
and promote a universal spirit of solidarity, pacifist and
cooperative.
Taking this opportunity to renew to Your Excellency the
assurances of my highest consideration.
Rodrigo Yépez Enriquez
General Director of Multilateral Organizations
Ministry of Foreign Affairs
Letter dated 20 June 1995 from the General Director for Multilateral Organizations at the Ministry of Foreign Affairs of Ecuador