Cruise Missiles (Danger to Life) Case

Abstract

States — Conduct of foreign relations — Deployment of armed forces — Nuclear weapons — United States medium-range missiles with nuclear warheads — Declaration of consent by Government of Federal Republic of Germany to deployment on German territory within framework of nato — Whether such deployment violating constitutional right to life and health of German citizens under Article 2(2) of Basic Law of Federal Republic — Whether such deployment causing increased likelihood of nuclear war — Whether scientific criteria for determining risk ascertainable

States — Conduct of foreign relations — Foreign and defence policy of Federal Republic of Germany — Whether justiciable — Potential for increased risk of nuclear war caused by deployment of nuclear weapons in Federal Republic — Whether solely a matter for Federal Government to assess — Whether potentially increased risk of war the responsibility of Federal Republic or third State

War and armed conflict — Use of force — Collective self-defence — Weapons — Nuclear weapons — Nuclear deterrence — Deployment of nuclear weapons for defensive purposes — Legality under customary international law — State practice — Absence of generalized conviction that deployment of nuclear weapons in order to deter use of such weapons by potential enemy is unlawful

Sources of international law — Opinio juris — State practice — Requirements for emergence of rule of customary international law — Whether any rule prohibiting deployment of nuclear weapons for deterrent purposes — Basic Law of Federal Republic of Germany, Article 25 — The law of the Federal Republic of Germany