This article examines the legality of tactical nuclear weapons under International Humanitarian Law. Additionally, the ideas behind the development of tactical nuclear weapons as well as their historical background during the Cold War and after 9/11 are examined.
Tactical (or 'small') nuclear weapons have been developed during the Cold War and had been deployed e.g. to West Germany for possible use on the battlefield in the event of a Soviet invasion of Western Europe. After the end of the Cold War, the dangerous idea that nuclear weapons could be used on the battlefield without triggering a global thermonuclear conflict has remained relevant. It has been discussed e.g. in the context of the threat posed by the Iranian nuclear weapons program as one possible way to destroy hardened or underground targets. In this paper the issue of tactical nuclear weapons is approached from the perspective of International Humanitarian Law, the set of rules which govern the conduct of armed forces in conflict.
Table of Contents
1 Introduction
1.1 Background
1.2. Tactical Nuclear Weapons during the Cold War
1.3. Tactical Nuclear Weapons after 9/11
2 Legality of the Use of Tactical Nuclear Weapons under International Humanitarian Law
2.1. The Prohibition of indiscriminatory attacks
2.2 The Prohibition of unnecessary suffering or injury
2.3 Protection of the Environment in Times of Armed Conflict
3 Conclusions and Outlook
Research Objectives and Key Topics
The paper examines the historical development and legal status of tactical nuclear weapons under International Humanitarian Law (IHL), questioning whether their potential use can be reconciled with modern international legal standards given the risks of escalation and environmental harm.
- Historical context of tactical nuclear weapons during the Cold War.
- Post-9/11 developments in nuclear posture and bunker-buster technology.
- Legal analysis of indiscriminate attacks and unnecessary suffering.
- Environmental protection requirements under International Humanitarian Law.
- Risks of proliferation and the deterrence theory regarding limited nuclear war.
Excerpt from the Book
1.2. Tactical Nuclear Weapons during the Cold War
One key Cold War scenario was the possible invasion of West Germany by Warsaw Pact forces. Given West Germany’s short East-West extension and the proximity of major targets such as Frankfurt and Hannover to the German-German border, nuclear battlefield weapons had been deployed in West Germany. They were meant to be used by West German and Allied forces in order to halt or at least slow down any Warsaw Pact invasion into West Germany before reinforcements would arrive. During the Cold War, a large number of Allied Forces were based in Germany but the North Atlantic Treaty Organization’s (NATO) war plans included the need to send more troops from other NATO states and in particular from North America to Germany in the event of an invasion, which was practiced annually in the so-called Return of Forces to Germany (REFORGER) exercises. The REFORGER exercises were at time so large that they triggered concerns in the USSR that they could be used as cover for an actual invasion to the Warsaw Pact states by NATO. The transport of Allied forces to Germany in the event of a Soviet invasion would take some time during which NATO forces already present in West Germany would have had to hold against the expected onslaught from the East. West Germany’s inability to trade territory for time lead to the idea to use small nuclear weapons on the battlefield in the Eastern parts of West Germany. One (but by no means the only) example of nuclear battlefield artillery was the a type of “nuclear bazooka” commonly referred to by NATO forces as “Davy Crockett”. The Davy Crockett was a portable nuclear battlefield weapon, which was to be transported on a jeep and operated by a team of two.
Summary of Chapters
1 Introduction: Provides an overview of the legal debate surrounding nuclear weapons and how the post-9/11 security environment has revived discussions on tactical nuclear assets.
1.1 Background: Reviews the I.C.J. advisory opinion and the evolution of political stances regarding small-yield nuclear devices and bunker-busting technology.
1.2. Tactical Nuclear Weapons during the Cold War: Analyzes the strategic role of battlefield nuclear weapons in West Germany as a means to halt Warsaw Pact invasions.
1.3. Tactical Nuclear Weapons after 9/11: Discusses the shift in doctrine toward earth-penetrating nuclear weapons and the associated risks of accidental escalation and terrorism.
2 Legality of the Use of Tactical Nuclear Weapons under International Humanitarian Law: Introduces the framework for assessing tactical nuclear weapons against core IHL principles.
2.1. The Prohibition of indiscriminatory attacks: Explains how the principle of distinction limits the use of tactical nuclear weapons in populated areas.
2.2 The Prohibition of unnecessary suffering or injury: Evaluates the incompatibility of radiation and burn-inducing weapons with the prohibition of superfluous injury.
2.3 Protection of the Environment in Times of Armed Conflict: Examines whether environmental damage from subterranean nuclear explosions violates IHL obligations.
3 Conclusions and Outlook: Summarizes that tactical nuclear weapons remain largely illegal under IHL and that the risk of global nuclear war serves as a greater deterrent than current international law.
Keywords
Tactical nuclear weapons, International Humanitarian Law, IHL, Cold War, Warsaw Pact, NATO, Davy Crockett, Bunker buster, Indiscriminate attacks, Unnecessary suffering, Environmental protection, Nuclear proliferation, Mutually assured destruction, MAD, Global nuclear war.
Frequently Asked Questions
What is the core subject of this publication?
The work focuses on the legality of tactical nuclear weapons within the framework of International Humanitarian Law and their historical and strategic context.
What are the central themes discussed in this book?
The central themes include the evolution of tactical nuclear doctrine, the distinction between strategic and tactical nuclear threats, and the legal constraints imposed by the Geneva Conventions.
What is the primary research objective?
The objective is to determine if the deployment or use of small-yield nuclear weapons can be justified under existing international humanitarian legal standards.
Which scientific methods are applied in this analysis?
The author uses a legal-dogmatic approach, analyzing treaty law (Additional Protocols to the Geneva Conventions), customary international law, and International Court of Justice advisory opinions.
What topics are covered in the main section?
The main section details Cold War battlefield strategies, post-9/11 research into bunker-busters, and a detailed legal test regarding indiscriminate harm, suffering, and environmental damage.
How would you summarize the keywords of this work?
Key terms include Tactical nuclear weapons, IHL, Mutually assured destruction (MAD), and the legal principles of distinction and proportionality.
What was the strategic logic behind the "Davy Crockett" weapon system?
It was designed as a portable battlefield weapon to be used by small teams to stall invading Warsaw Pact forces in West Germany to allow for reinforcements to arrive.
Why does the author argue that "bunker-buster" technology is problematic?
The author argues that current technology cannot bury such devices deep enough to contain radioactive fallout, leading to inevitable environmental and civilian harm.
What role does the "mutually assured destruction" (MAD) concept play in this analysis?
The author argues that while MAD deterred the use of large nuclear weapons, the misconception that "limited" or "tactical" nuclear war is possible threatens to undermine this deterrent effect.
- Quote paper
- Dr. Stefan Kirchner (Author), 2015, Tactical Nuclear Weapons in International Humanitarian Law, Munich, GRIN Verlag, https://www.grin.com/document/306442
