Journal Article - Quarterly Journal: International Security

The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine

| Spring 2021

Summary

When properly applied, the key principles of the law of armed conflict—distinction, proportionality, and precaution—have a profound impact on U.S. nuclear doctrine. Specifically, some, but by no means all, potential nuclear counterforce attacks against legitimate military targets are legal. Any countervalue attack against enemy civilians, however, would be illegal, even in reprisal for a strike against U.S. or allied civilians—contrary to what is implied in the 2018 Nuclear Posture Review.

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For more information on this publication: Belfer Communications Office
For Academic Citation:
Scott D. Sagan and Allen S. Weiner, "The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine," International Security, Vol. 45, No. 4 (Spring 2021), pp. 126–166, doi.org/10.1162/isec_a_00407.

The Authors

Scott Sagan

Scott D. Sagan

  • Current Affiliation: The Caroline S. G. Munro Professor of Political Science and Senior Fellow, Center for International Security and Cooperation, Stanford University
  • Former Research Fellow, International Security Program, 1981-1982; Editorial Board Member, Quarterly Journal: International Security

Allen S. Weiner

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