obligation under international law.
possession of nuclear weapon is lawful.
issue of legitimization involves the relation between possession of nuclear
weapons and the human rights and not between the possession of nuclear weapons
and the political system.1 The
legitimacy of nuclear weapons should be based not only on the deterrence, but
also on the need to protect human rights, tied with justice.2 Anduchenca
possession therefore cannot be challenged on the basis of its military rule.3 Anduchenca
has never been involved in any human rights violation and its main aim to
possess nuclear weapon is to protect its state sovereignty.4
possession of nuclear submarine was in its national interest.
State has an inalienable right to choose its political, economic, social and
cultural systems, without interference in any form by another State5. From the point of view of customary law, the
legality of the possession of nuclear weapons can be said to have been
confirmed by the unanimous extension for an indefinite duration of the NPT
(1995), by the vote of resolution 984 (1995) of the UN Security Council on
security assurances, and by the conclusion of several new treaties establishing
nuclear-weapon-free-zones, with protocols to be ratified by the Nuclear Weapons
of Ibra is a structure of minimum deterrence.
term “Minimum” is used to minimize the danger of inadvertence and misuse of
Minimum Nuclear Deterrence has been described as, “nuclear strategy in which a
nation (or nations) maintains the minimum number of nuclear weapons necessary
to inflict unacceptable damage on its adversary even after it has suffered a nuclear
The Sole Purpose of Nuclear submarine launched with ballistic missile i.e Ibra
is strategic deterrence.9
Anduchenca is a minor nuclear weapon state.10
With economic and technology constraints (GDP US$200bn)11and
it possess only one nuclear powered submarine which is the constitution of the
Credible Minimum Deterrence Policy.
1 Srogosz, Supra note 1at 19.
2 Srogosz, Supra note 1 at 7.
3 Moot Compromis.
5General Assembly resolution 2131
(XX), Declaration on the Inadmissibility of Intervention in the Domestic
Affairs of States and the Protection of Their Independence and Sovereignty (21 December 1965), available from
7Beenish Atlaf, Understanding of
credible minimum deterrence, Nuclear policy and deterrent postures, South Asian Voices,(April 3, 2015) https://southasianvoices.org/understanding-of-credible-minimum-deterrence-nuclear-policy-and-deterrent-postures/
((Last visited on December 31, 2017)
8 Landmark Cases of International
9 United States Navy: Fact File,
America’s Navy ,( 24 October 2017)
10Khan, Supra Note 4 at
11 Moot Compromis.