Possession of nuclear weapons – between legality and legitimization

Recently in Russian policy there was a return to the Cold War practices, which include, inter alia, nuclear deterrence, and even threatening to use nuclear weapons. That policy, however, is carried out in the changed international space compared with the times of the Cold War. The period of detente in relations between world powers was dominated inter alia by discussion on the humanitarian intervention. Human rights, tied to the value of justice, become the most important component of international order. Thus, justice has become the value of the international legal order equivalent to peace. In such a reality, the legitimacy of nuclear weapons should be based not only on the deterrence, but also on the need to protect human rights, tied with justice. Possession of nuclear weapons per se is contrary to this value. This fact should be taken into account in the world powers’ policies. Banning nuclear weapons, in accordance with the Radbruch formula, should be a result of these policies.