Criminalization of Use of Nuclear Weapons in Context of EmergingHuman Rights - Based of International Law

Nowadays, various subjects of international law, including criminalization of use of nuclear weapons, can be studied from two different aspects. In the classic paradigm of international law based on Westphalian order and sovereignty–oriented approach and in light of international court of justice(ICJ) findings, mere employment of nuclear weapons is not forbidden and nor is considered as an international crime. However it can be claimed that new paradigm is coming up in international law. In This new paradigm based on human values, sovereignty can’t prevent emergence of a rule on benefit of human rights crucially. Although survey of some subjects from this aspect could lead to unacceptable result in comparison with the last paradigm, it is the fact that everyone has to believe it late or soon. Use of nuclear weapons in context of this emerging and nonestablished international law is violation of international Jus Cogens and public order and contains three forming elements of international crimes. Then, in contrast to the classic paradigm of international law, use of nuclear weapons can be considered as an international crime in the new emerging paradigm.