Stichting Verbiedt de Kruisraketten (SVK) and Others

Abstract

States — Conduct of foreign relations — Deployment of armed forces — Nuclear weapons — United States medium-range missiles with nuclear warheads — Declaration of consent by Netherlands Government to deployment on Dutch territory within framework of nato — Claim that such deployment violating customary international law and international treaties — Whether justiciable — Whether deployment constituting danger to life of Dutch citizens violating their fundamental rights — Relevance of arguably increased risk of nuclear accident or nuclear war — Whether such deployment violating European Convention on Human Rights, Articles 2 and 3, or International Covenant on Civil and Political Rights, Article 6

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 — Effect of Nuclear Non-Proliferation Treaty, 1968 — Whether Netherlands, in agreeing to deployment, accepting “transfer of nuclear weapons or control over them” — Relevance of fact that United States retaining control of weapons and decisions on their possible operational use — Whether customary international law prohibiting all use of nuclear weapons

Sources of international law — Jus cogens — State practice — Requirements for emergence of rule of customary international law — Evidence from treaty practice — Whether any rule of customary international law prohibiting deployment of nuclear weapons for deterrent purposes — Whether any rule of customary international law prohibiting use of nuclear weapons under all circumstances

Treaties — Conclusion and operation — Judicial review — Whether municipal courts empowered to examine compatibility of treaties with other treaties or rules of customary international law

Treaties — Interpretation — Multilateral treaty — Interpretation subject to provisions of previous multilateral treaty — Treaty on Non-Proliferation of Nuclear Weapons, 1968 — Interpretation of provisions on nuclear weapons in the light of Article 51 of United Nations Charter — The law of the Netherlands