The Clinton Administration’s Presidential Decision Directive 60 asserted a U.S. right to target non-nuclear states with nuclear weapons in 1997. But PDD60, as well as nuclear deterrence as a whole -- both the use and threatened use of nuclear weapons -- is illegal under the international law of warfare.In fact, Francis A. Boyle argues in The Criminality of Nuclear Deterrence, the Bush administration’s toying with the use of tactical nuclear weapons in Afghanistan, its intent to proceed with National Missile Defense, to renew nuclear testing and develop "bunker-busting" nuclear weapons will have disastrous impact on existing international efforts to rein in the global nuclear arms race through the Comprehensive Test Ban Treaty, and the Nuclear Non-proliferation Treaty. Already, the Anti-Ballistic Missile Treaty has fallen before its scythe.
This book provides a succinct and detailed guide to understanding the arms race from Hiroshima/ Nagasaki through the SALT I, SALT II, ABM and START efforts at arms control, to Star Wars/National Missile Defense, U.S. unilateral abrogation of the ABM Treaty, and events in Afghanistan and beyond.
It clarifies the relevant international law, from the Hague Conventions through the Nuremberg Principles to the recent World Court Advisory Opinion, as well as tracing contradictions in and contraventions of domestic guidelines established in the U.S. Army Field Manual of 1956 on The Law of Land Warfare, which remains the official primer for U.S. military personnel concerning the laws of war to which they must regard themselves as subject.
More disturbingly, Boyle reviews the intricacies of the foreign policy controversies and objectives which mark the development of American nuclear policy, often pressed forward by civilian administrations seeking to promote their geopolitical agenda over the advice and desires of the American military itself.
This book is an effective tool and a "must read" for the burgeoning anti-nuclear and peace movements, church groups, and lawyers defending anti-nuclear resisters. It should also prove instructive for the diplomatic community, and for civilian and military personnel who frame and carry out America’s nuclear policies, who must weigh the possibility of being summoned one day before an international war crimes tribunal.
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Francis A. Boyle's long, distinguished and multi-faceted career has included: responsibility for drafting the Biological Weapons Anti-Terrorism Act of 1989, the American implementing legislation for the 1972 Biological Weapons Convention; lecturing on nuclear weapons and international law to the U.S. military at West Point and to Soviet and foreign lawyers through two lecture tours sponsored by the Lawyers'Committee on Nuclear Policy and the Association of Soviet Lawyers; and representing the Republic of Bosnia and Herzegovina before the International Court of Justice(1993-94), where he won two World Court Orders against the rump Yugoslavia to cease and desist from committing all acts of genocide.
Boyle has also served on the Board of Directors of Amnesty International (1988-1992); as Legal Advisor to the Palestine Liberation Organization on the Creation of the State of Palestine(1987-89) and to the Palestinian Delegation to the Middle East Peace Negotiations (1991-93), and as a Consultant to the American Friends Service Committee.
Professor Boyle teaches International Law at the University of Illinois, Champaign, and is author, inter alia, of Defending Civil Resistance Under International Law, The Future of International Law and American Foreign Policy, Foundations of World Order: The Legalist Approach to International Relations 1898-1921, and The Bosnian People Charge Genocide. He holds a Doctor of Law Magna Cum Laude as well as a Ph.D. in Political Science from Harvard University.
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