Practice Relating to Rule 45. Causing Serious Damage to the Natural Environment
In its written statement submitted to the ICJ in the Nuclear Weapons (WHO) case
in 1994, Samoa stated that it considered that “the use of nuclear weapons by a State in war or other armed conflict would be a violation of international customary law and conventions, including the Hague Conventions and the Geneva Conventions”, adding that “such law and conventions prohibit the use of weapons … which cause widespread, long-term and severe damage to the environment”.
In its written statement submitted to the ICJ in the Nuclear Weapons case
in 1995, Samoa, while arguing that the question as to whether the threat or use of nuclear weapons was permitted under international law should be answered in the negative, referred to the nuclear tests in the Pacific and to their “significant and long term effects on the health of Pacific people and the environment”, adding that it had “a large stake in safeguarding its environment, and the survival of the planet”.