Abstract
The meaning of international violence in a nuclear age is that it brings mankind face to face with the total challenge. “... a world war in this day and age,” according to British Marshal, Sir John Slessor, “would be general suicide and the end of civilization as we know it.”1 A fullscale nuclear exchange lasting less than sixty minutes, according to President John F. Kennedy, could kill 300 million people and leave the environment so devastated that the survivors would envy the dead.2
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Reference
In Hart, Deterrent or Defense 22 (196o). For the effects of a nuclear attack, see generally Stonier, Nuclear Disaster (1963).
Public Papers of the Presidents: John F. Kennedy,2963, P. 603 (2964).
See Reports of the U. N. Scientific Committee on the Effects of Atomic Radiation, of June 13, 1958 and March 23, 1962, Gen. Assembly, Off. Rec., Thirteenth Sess. Supp. No. 17 (A/3838) PP. 36-43, and Off. Rec., Seventeenth Sess. Sup p. No. r6 (Aí5216) PP. 31–35.
U. S. Senate, For. Rels. Comm., 88th Cong., 1st Sess., Nuclear Test Ban Hearings 949 (1963).
See “Africa — Hunger As A Political Weapon in Nigeria,” N.Y. Times July 7, 1968, p. E3: “… 23,000 dying daily now, according to the International Red Cross, perhaps two million dead within two months….” The reality of the statistics in this conflict between Nigeria and Biafra is suggested by Robison, “The Children of Biafra,” ibid.: Father Sean Guino, a tall 40-year-old Irish Priest, told of his walk around the mission wards seven days before: “Four little children were lying on a bed. One was dead and I couldn’t notice the difference. I saw a child suckling her mother’s breast and the mother was dead.”
See U. S. News and World Report,May 13, 1968, p. 48; see further, generally, Harrington, The Other America (1962).
Exec. Off. of the President/Bur. of the Budget, The Budget In Brief 14–15 (1969).
Eighteen Nation Disarmament Committee (hereinafter cited ENDC) PV 235, Jan. 27, 1966, p. 23.
For a historical survey of formulations of plans for the maintenance of peace among nations, see McDougal and Feliciano, Law and Minimum World Public Order 263–66 (1961).
U. N. Charter, Art. 24.
Id.,Art. 39. Articles 41 and 42 are set forth infra,Chapter IV.
Id.,Art. 23 as amended.
Ibid.
Id.,Art. 27 as amended.
See U. S. News and World Report,July 18, 1966, p. 52.
Treaty Banning Nuclear Weapon Tests In The Atmosphere, In Outer Space And Under Water, 14 United States Treaties 1313; Treaties and Other International Acts Series (hereinafter cited TIAS) 5433; 480 United Nations Treaty Series (hereinafter cited UNTS) 43. For a commentary see Schwelb, “The Nuclear Test Ban Treaty and International Law,” 58 American Journal of International Law 643 (1964)
See TIAS 5433 at 16–17.
General Assembly Resolution x884 (XVIII).
N. Y. Times,Dec. 9, 1966, pp. r and 18.
TIAS 6347. Article 4 of the treaty reads: States parties to the treaty undertake not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.
U. N. Doc. A/7o16/ADD. 1; see N. Y. Times,May 2 1968, p. 12 June u, 1968, pp. r, 3, July z, 1968, pp. 1, 3: U. S. State Dept. Bulletin,July zz 1968, p. 85. Article 1 of the treaty reads: Each nuclear—weapon State Party to the Treaty undertakes not to transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly, or indirectly; and not in any way to assist, encourage, or induce any non-nuclear-weapon State to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices. For a commentary see Willrich, Non-Proliferation Treaty: Framework for Nuclear Arms Control (1969).
See, e.g., the following Security Council Resolutions: Resolution 5/902; Security Council, Off. Rec., III, Sup p. for July, 1948,in which the Security Council: Determines that the situation in Palestine constitutes a threat to the peace within the meaning of Article 39 of the Charter; … Orders … an immediate and unconditional cease fire… Resolution Sf15o1, S. C., Off. Rec., V, Resolutions and Decisions, 1950 (S/INF 5/Rev. 1), in which the Security Council: Noting with grave concern the armed attack upon the Republic of Korea by forces from North Korea, Determines that this action constitutes a breach of the peace …
See, e.g., Middleton, “U. N. Crisis of Confidence,” N. Y. Times,Sept. 25, 1967, p. 2 quoting Torsten L. Nilsson, Foreign Minister of Sweden, thus: Situations which undoubtedly constitute threats to the peace or breaches of the peace — even a major war as the one in Vietnam — can continue for years without any United Nations intervention at all.
See Middleton, ibid.: In the opinion of most senior members of the permanent Secretariat and representatives of the smaller nations, the impotence of the United Nations in dealing with crises is the result, primarily of the rivalry between the United States and the Soviet Union.
C. and S. Mydans, The Violent Peace 4–5 (1968).
Article I reads in part as follows: Each of the parties to this Treaty undertakes to prohibit, to prevent, and not to carry out any nuclear weapon test explosion, or any other nuclear explosion, at any place under its jurisdiction or control: (a) in the atmosphere; beyond its limits, including outer space; or under water, including territorial waters or high seas; or (b) in any other environment if such explosion causes radioactive debris to be present outside the territorial limits of the State under whose jurisdiction or control such explosion is conducted.
See, e.g., Brennan and Halperin, “Policy Considerations of a Nuclear Test Ban,” in Brennan (ed.) Arms Control, Disarmament and National Security,244 (1961).
Id., at 241.
See, e.g., N. Y. Times,July 8, 1968, p. 7:
French scientists exploded the conventional atomic warhead … in the Tuamotu Archipelago… It was the roth nuclear test at the proving grounds. Six were held in 1966 and three in 1967. See further N. Y. Times, Aug. 25, 1968, p. s, reporting the first French thermonuclear blast, Aug. 24, 1968. See U. S. News and World Report, July 25, 1966, P. 43 on mainland China’s nuclear detonations.
See Clark, “New Offensive Weapons of U. S. and Soviet Imperil Treaty’s Plan to Keep Space Free of War,” N. Y. Times,Dec. 26, 1967, p. 23.
General Assembly Resolution 1910 (XVIII).
General Assembly Resolution 2373 (XXII).
Conference Of The Eighteen Nation Committee On Disarmament, 158, Sept. 15, 1965, p. 18.
ENDC, PV 229, Sept. 2 965 p. 5. as ENDC, PV 222, Aug. to, 1965, p. 27. ENDC, PV 223, Aug. 12, 1965, p. 15.
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© 1970 Martinus Nijhoff, The Hague, Netherlands
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Holton, T. (1970). International Violence: The Total Challenge and the Partial Response. In: An International Peace Court. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-8826-5_2
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