A Code of Conduct for Best Practice in Nuclear Command, Control, and Communication (NC3): The Role of International Law and Lessons from Informal International Law-Making

Abstract

This study examines the current situation regarding State nuclear command, control and communication (NC3). Nuclear command, control, and communication is the framework that governs the process that, as its ultimate end product, results in the launch of a nuclear weapon. This study explores how each nuclear weapons State structures its NC3 (if such structures are publicly known) and what international law governs nuclear operations. Given the lack of international law regarding NC3, this study explores whether it would be beneficial to adopt a code of conduct or other non-binding instrument outlining any lex lata or regarding nuclear weapons operations, including any best recommended practice regarding how States should structure their NC3 systems, given the strategic and policy objectives of NC3 systems. In proposing a model code of conduct, this study will examine the extant literature and practice on the adoption and implementation of non-binding instruments in the international law of armed conflict, to better understand how and why non-binding instruments gain traction in State practice. This study will then apply those conclusions to a draft code of conduct for State NC3.