David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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This paper, seeks to be a response for two questions; firstly to see if preemptive attacks on nuclear facilities of a non-nuclear weapon nation by another nation is permissible under current international law of use of force? And secondly, can a conventional military attack on a nuclear facility amount a nuclear attack, if it causes risks to human and environmental security and political and territorial integrity of the targeted state in a weight that one can expect from a nuclear attack? If the answer to the latter was positive, what would be the responsibility of international community and the Security Council as the principal organ of the United Nations for maintaining peace and security toward this threat or act of aggression?The answer to the first question is negative; to the second, positive and as will be discussed, five permanent members of the Security Council are individually obliged to assist targeted state with a collective action through the Council.
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