Becoming political

Ghoshal, Anindita

doi:10.4324/9780429317620-5

Cited by 1 publication

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“…141 India maintains a recessed deterrence posture, according to which nuclear weapons and weapons delivery systems are kept de-mated and de-alerted. 142 Since they are not ready for immediate launch, 143 this further increases the time that India would need to launch a nuclear attack in response to an attack against it. 144 However, the requirement of immediacy must be interpreted reasonably, and should account for the delay incurred through the mobilization of the responding state's forces.…”

Section: Necessitymentioning

confidence: 99%

India’s nuclear force doctrine: Through the lens of jus ad bellum

Jain

Seth

2018

Leiden Journal of International Law

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Nearly three decades after the Cold War, the present-day hostilities between India and Pakistan have shifted the focus of the threat of nuclear escalation to South Asia. It is in this context that this article seeks to assess the legality of India’s military nuclear doctrine under international law.Academic literature on the use of nuclear weapons has largely shied away from discussing the legality of specific military doctrines or ‘policies of deterrence’ of the nuclear weapon states, treating them as issues of military strategy that are beyond the realm of international law. This article hopes to challenge that dichotomy.Though several branches of international law are relevant to any discussion on nuclear weapons, this article shall only examine India’s nuclear doctrine through the lens of jus ad bellum. Specifically, this article shall focus on whether India’s nuclear doctrine constitutes a threat to use force, and if so, whether such threat is lawful. The article concludes that India’s nuclear doctrine can be construed to be a specific threat to use force against Pakistan, and that such threat may be unlawful for contemplating the disproportionate use of force.

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Section: Necessitymentioning

confidence: 99%