meta_pixel
Tapesearch Logo
Log in
The Origins Podcast with Lawrence Krauss

Charles Moxley Jr: Nuclear Weapons are Illegal

The Origins Podcast with Lawrence Krauss

Lawrence M. Krauss

Science, Natural Sciences, Physics

4.4592 Ratings

🗓️ 4 November 2024

⏱️ 95 minutes

🧾️ Download transcript

Summary

Charles Moxley Jr has spent over 35 years as a litigator in New York, in large and complex commercial, securities, insurance and other cases throughout the United States. He is perhaps the last person one might imagine could bring about the end of a continually proliferating international presence of nuclear weapons. Yet personages as eminent as the late Robert S. McNamara, and Cyrus Vance, as well as nuclear security expert physicist Kosta Tsipis think he might have hit a promising line of attack to quell an ever growing international arsenal of nuclear weapons threatening just just world peace but civilization itself.

Moxley analyzes the question in light of the July 1996 opinion issued by the International Court of Justice, as well as the law as articulated by the United States itself. Using generally recognized facts as to the characteristics and effects of nuclear weapons Moxley Jr concludes that the use of nuclear weapons is "per se" unlawful.

To back up his arguments Moxley Jr wrote a comprehensive treatise, in excess of 800 pages, to examine both the International Court of Justice’s perspective, and also the legal claims made by the United States, in light of the known characteristics of nuclear weapons. His book, which took 10 years to produce in its first edition, was reviewed by major figures in the field, has recently been updated, and released as a two-volume set. It was the new release of these books that prompted our conversation.

In our discussion we unpacked and clarified the various legal issues, as well as the rather strange and one might say absurd position of the United States regarding the effectiveness of their own nuclear weapons arsenal. The result is what can be a clear primer that can add a new perspective regarding the sanity of a world where over 10,000 nuclear weapons exist, with over 2000 such weapons kept on hair trigger alert, and perhaps encourage your own activism in this regard. At the very least it will reveal the remarkable circumstances surrounding the 1996 International Court of Appeals proceedings, and a legal case few outside of experts have ever heard about. I enjoyed the discussion and learned a great deal, and I hope the same will be true of you.

As always, an ad-free video version of this podcast is also available to paid Critical Mass subscribers. Your subscriptions support the non-profit Origins Project Foundation, which produces the podcast. The audio version is available free on the Critical Mass site and on all podcast sites, and the video version will also be available on the Origins Project YouTube.



Get full access to Critical Mass at lawrencekrauss.substack.com/subscribe

Transcript

Click on a timestamp to play from that location

0:00.0

Hello and welcome to The Origins Podcast. I'm your host, Lawrence Krause.

0:12.2

In this episode, I had the chance to talk to a lawyer, Charles Moxley, who's written a comprehensive two-volume set of books on nuclear weapons and international law.

0:23.6

The first edition of this came out in 2000 and the second edition now, and there's a reason for that.

0:31.6

In 2000, we are living in different times than we are now.

0:34.6

We're living in a time which is particularly scary where people are beginning to accept the likelihood and possibility that nuclear weapons might actually be used.

0:43.5

Now, if you listen to this podcast, you know that I've talked about the dangers of nuclear weapons a lot.

0:50.3

But the interesting thing about what Charles Moxley has done and widely and popularly

0:55.7

reviewed for having done this is do a detailed analysis of the legality of the use of nuclear

1:01.2

weapons. And he argues in detail and comprehensively that the use of nuclear weapons is

1:08.5

fundamentally illegal under international humanitarian law.

1:12.6

And that's what I wanted to have the discussion with him about.

1:15.6

He's had a long career as a litigator and mediator, but for many, many years has worked,

1:22.6

and as I say, initially in 2000, after working on it for 10 years, produced a book arguing,

1:28.3

following a ruling in 1996 that nuclear weapons might not be illegal by the International Criminal Justice Committee

1:39.3

argued in detail why they would be illegal and why we might be able to use the law if we

1:46.7

can't use other things to reduce the threat of nuclear weapons.

1:50.5

And it's an interesting discussion that I think we'll raise your hackles as it did mine,

1:56.0

the utter irrationality of not just the use of nuclear weapons, but some of the legal arguments that have been used by our own country

2:03.4

to argue for why nuclear weapons are apparently legal.

2:07.6

It was, I think, a fascinating and really informative discussion

2:11.7

that can send chills up your spine,

2:17.2

but may indeed ultimately give us new tools to end this threat, this existential threat to human existence.

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Lawrence M. Krauss, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Lawrence M. Krauss and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.