Nuclear Weapons and International Law 2025: Risks and the Imperative of Better Communication and Progress

The International Section of

the New York State Bar Association

is proud to sponsor 

Nuclear Weapons and International Law 2025:

Nuclear Risks through a Legal Lens

Thursday January 30, 2025

9:00 a.m. – 6:30 p.m. via Zoom

(virtual reception to follow)

CO-SPONSORS  

Fordham Law School, Center on National Security

U.S. Air Force Academy, Law, Technology and Warfare Research Cell [confirmed]

American Bar Association, International Section  

Georgetown Law School, Journal of International Law  

Catholic Peacebuilding Network  

Lawyers Committee on Nuclear Policy

Global Security Institute

AGENDA

9:00 – 9:30 a.m.        Introductory Remarks

·      Prof. John D. Feerick, Professor and Dean Emeritus, Fordham Law School  

·      Prof. Charles J. Moxley, Jr., Professor (Adj.), Fordham Law School; Principal, Moxley ADR LLC  

·      Dominick Napoletano, President, New York State Bar Association  

·      William R. Bay, President, American Bar Association  

·      Prof. Jeffrey Biller, Deputy Director, Law, Technology and Warfare Research Cell, United States Air Force Academy 

·      Jonathan Granoff, President, Global Security Institute; Senior Advisor, Permanent Secretariat of the World Summits of Nobel Peace Laureates  

·      John Burroughs, Senior Analyst, Lawyers Committee on Nuclear Policy  

·      Edward K. Lenci, Partner, Hinshaw & Culbertson LLP (NYC); Founder and former Co-Chair, Ukraine Task Force of the New York State Bar Association

9:30 – 10:45 a.m.       Panel 1: Contemporary Strategic Environment and Nuclear Weapons Risks

Examining the contemporary strategic environment and related risks of intentional and inadvertent use of nuclear weapons, including the situations in Ukraine and the Middle East; Russia’s expansionism; China’s nuclear build-up and posture towards Taiwan; the United States’ continued focus on nuclear weapons and deterrence; and cyber risks and AI.

Faculty:

Potential speakers:

·      Jeff Biller, moderator

·      [Jeff Biller invite]

·      Mary B. DeRosa  

·      Dr. Christopher Ashley Ford  

·      Annie Jacobsen  

·      Daryl G. Kimball  

10:45 – 10:55 a.m.    Break

10:55 – 12:45 p.m.    Panel 2: Application of international law to potential uses of nuclear weapons—practical considerations as to how it works and should work

Examining requirements of international law, as applied in assessing the lawfulness of potential uses of nuclear weapons, including examination of how such analysis is or should be conducted at various stages from the design, development, and acquisition of such weapons through potential use of the weapons; consideration of what potential effects of the use of a nuclear weapon are or should be considered in assessing the lawfulness of the potential use of such a weapon; consideration of how certain one must be of the various potential effects of the use of a nuclear weapon for such potential effects to be relevant to the assessment of the lawfulness of such a use; consideration of how one assesses the lawfulness of various levels of likelihood of potentially unlawful effects of such weapons; the role of uncertainties and unknowns as to potential effects of nuclear weapons uses in assessing the lawfulness of such uses; requirements under international law for per se unlawfulness of weapons uses; consideration of the continuing role, if any, of jus ad bellum once a State is engaged in armed conflict and jus in bello has become applicable; the role, if any, of legal advisors who have advised that potential uses of a nuclear weapon would be unlawful.

Faculty:

Potential speakers:

·      Charles J. Moxley, Jr., moderator

·      David A. Koplow

·      David L. Luban  

·      Colonel Theodore T. Richard  

·      Michael N. Schmidt  

·      Allen Weiner  

12:45 – 1:40 p.m.      Lunch

1:00 – 1:30 p.m.        Luncheon Reflections: Contemporary realties as to the roles of nuclear weapons and nuclear deterrence—A Conversation between Thomas Countryman, Board Chairman, Arms Control Association, and Jonathan Granoff

Thomas Countryman  

1:40 – 2:40 p.m.        Panel 3: Discussion: Contemporary realties as to the role of international law now and in the future as concerns potential uses of nuclear and other weapons

Is international law concerning the use of force meaningful? To what extent does––can––it play a significant role in restraining uses of force in armed conflict? What role has it played historically? What has the level of compliance been? What is the trend? Is its role potentially different as concerns nuclear weapons? What is the impact of the sheer level of armaments on prospects of warring parties’ compliance with international law? To what extent does the political leadership care about the requirements of international law? To what extent does the military leadership care about such requirements? To what extent does this vary from State to State? What are the real world practicalities as to how and whether requirements of international law would make a difference in decision-making as to nuclear weapons in exigent circumstances?

Faculty:

Potential speakers:

·      Jeff Biller, moderator

·      Claire Finkelstein  

·      Lieutenant Commander Christopher J. Hart  

·      Colonel Theodore T. Richard  

·      Scott D. Sagan

2:40 – 2:50 p.m.        Break

2:50 – 4:30 p.m.        Panel 4: The international law of threat and nuclear deterrence—a deep dive

Threat law: Examining the law of threat under jus ad bellum and jus in bello and the applicability, if any, of jus ad bellum in the course of armed conflict; rulings of the ICJ and other courts on the law of threat; generally accepted rules of law across the world’s legal systems concerning threats.

Nuclear deterrence: Examining the contemporary theory and practice of nuclear deterrence, including the scope of the “vital interests” it is designed to protect and the scope of nuclear weapons uses it projects––and whether that scope of potential use of nuclear weapons exceeds uses that could comply with law; consideration of whether, or at what point, and the extent to which deterrence rises to the level of constituting a “threat” as a matter of law; advisory opinion of the ICJ on threat and use of nuclear weapons; question of whether nuclear deterrence may lawfully be used to address potential military challenges for which conventional weapons would suffice.

Faculty:

Potential speakers:

·      David Koplow, moderator

·      John Burroughs

·      Anna Hood  

·      David L. Luban  

·      Charles J. Moxley, Jr.

·      Michael N. Schmidt  

4:30 – 4:40 p.m.        Break

4:40 – 6:15 p.m.        Panel 5: Broadening the discussion—examining additional areas and rules of law potentially applicable to risks posed by nuclear weapons: a brainstorming session: re-thinking the legal regime/search for a broader paradigm

Potential relevance of other areas of law and legal approaches in assessing the lawfulness of the threat and use of nuclear weapons, including: human rights law; domestic criminal law; crimes against humanity; crimes against the peace; universal jurisdiction; environmental law; ICJ jurisdiction; ICC jurisdiction; prerequisites for injunctive relief under international law; legal principles applicable to potential choate violations of international law; tort law; the Alien Tort Claim Act and similar such statutes; legal regime applicable to obligations, if any, of nuclear weapons states to maintain security of their nuclear weapons; role of lawyers in nuclear weapons policy and decision-making.

Faculty:

Potential speakers:

·      Charles J. Moxley, Jr., moderator

·      Craig Jones  

·      Daniel Rietiker  

·      Randy Rydell  

·      Rebecca Stern  

·      Hon. Shira Scheindlin (Ret.)  

·      Jules Zacher   

6:15 – 6:30 p.m.        Closing Reflections

·      Jonathan Granoff

·      Jeff Biller

·      John Burroughs

·      Edward K. Lenci

·      Charles J. Moxley, Jr.

6:30 – 7:30 p.m.        Virtual reception