6. Forbid First Use of Nuclear Weapons

WHEREAS on 8 July 1996 the International Court of Justice (ICJ), or World Court, drawing on international agreements such as The Hague Conventions, Geneva Conventions, and Genocide Convention, issued its Advisory Opinion on the legal status of the threat or use of nuclear weapons which concluded that:

• the threat or use of nuclear weapons is generally contrary to international humanitarian law;

• no circumstance had been identified in which the use of nuclear weapons would not violate humanitarian law;

• there is no distinction in law between threat and use of nuclear weapons; the limited use of low yield nuclear weapons would tend to escalate to all-out use of high yield nuclear weapons;

• the Nuremberg Charter of 1945 applies to nuclear weapons. Thus it is the duty of citizens to uphold the law relating to nuclear weapons and of military personnel to obey it even if given a contrary order by a superior or by his or her national government;

• there exists an obligation to pursue in good faith and bring to a conclusion  negotiations leading to nuclear disarmament in all its aspects under strict and effective international control;

And whereas on 10 December 1996 the United Nations General Assembly, in response to the ICJ Advisory Opinion, called for negotiations in 1997 leading to the early conclusion of a Nuclear Weapons Convention;

And whereas the United States is therefore acting illegally by:

• retaining the option to use nuclear weapons first in future conflicts;

• issuing orders to its military personnel to prepare for the illegal use of nuclear weapons;

• making conditional plans to use nuclear weapons which, because of their yield, would necessarily violate international humanitarian law;

And whereas the threat of nuclear weapons serves to justify and encourage the proliferation of nuclear weapons and further destabilize international affairs, resulting in decreasing our national security,

BE IT RESOLVED that the Democratic Party of Maui directs its elected officials to enact a law making it illegal for the President or military to use nuclear weapons except in a case where another country uses nuclear weapons against the United States first.