Nagasaki Day, observed on 9th August, marks the anniversary of the atomic bombing of Nagasaki by the US military in 1945. The bomb, named “Fat Man,” resulted in the immediate deaths of approximately 80,000 people, with another 70,000 succumbing later to radiation-related illnesses. Following this devastating event, the Japanese emperor surrendered, marking the end of World War II.
The attack on Nagasaki, along with the earlier bombing of Hiroshima, remains the only use of nuclear weapons in warfare. The massive loss of life prompted significant legal and ethical debates. In 1963, the bombings were subjected to judicial review in the case of Ryuichi Shimoda v. The State. The Tokyo District Court ruled that the incident constituted indiscriminate bombardment of undefended cities, although no reparations were provided due to the signing of the Treaty of San Francisco.
In 1996, the International Court of Justice (ICJ) delivered its advisory opinion on the legality of the threat or use of nuclear weapons. The Court also considered the significance of the Shimoda case judgment, presenting several principles of international law applicable to the use of nuclear weapons, such as:
The doctrine of military objectives.
The prohibition of weapons that cause unnecessary suffering.
Inhumaneness as an assessment criterion.
In 1968, the UN General Assembly, with respect to the Universal Declaration of Human Rights, addressed the issue of “Respect for Human Rights in Armed Conflicts.” This initiative began the legislative process that culminated in the adoption of Protocol I Additional to the Geneva Conventions in 1977. The Protocol includes a ban on weapons that cause unnecessary suffering, as outlined in Article 35(1) & (2) and reinforced by the Martens Clause making it clear that this prohibition extends to the use of nuclear weapons. Additionally, Article 35(3) prohibits methods and means of warfare “which are intended, or may be expected, to cause widespread, long-term, and severe damage to the natural environment.”
While several international agreements have been enacted to limit the development and proliferation of nuclear weapons, a comprehensive international prohibition on these weapons was not established until 2017, with the adoption of the Treaty on the Prohibition of Nuclear Weapons (TPNW). The TPNW, also known as the Nuclear Weapon Ban Treaty, is the first treaty of its kind specifically aimed at prohibiting the use of nuclear weapons and working towards their complete elimination. The International Red Cross and Red Crescent Movement has been advocating for a ban on nuclear weapons since 1945 and welcomed the adoption of the TPNW as a historic step toward their elimination. Given current regional and international tensions, the risk of nuclear weapons being used is now higher than at any time since the Cold War. To ensure that nuclear weapons are never used again and are ultimately eliminated, the Movement urges all states to join the ban treaty and fulfil their long-standing obligations and commitments to nuclear disarmament.
Nagasaki Day is observed globally to promote peace and raise awareness about the threat posed by nuclear weapons.
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