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Key issue not examined by @wellerstein (or the SFRC) is U.S. "launch-under-attack" posture, which is what leads some to argue that POTUS must continue to have "sole authority" to launch nukes. The posture is unnecessary for deterrence and incr. risk miscalculation in a crisis 2/2
Agree re: launch-under-attack (which is all too often taken as only scenario), but I think trying to address this by changing LoW interp of nukes in US unlikely to succeed, with possible areas of backfire (could make it *easier* to use depending on how lawyers reason it out)
I agree that getting Pentagon to change its Law of War interpretations is a fool’s errand, but its a mistake to cede the pt that nuclear war plans are “legal.“ Plus, too few here in U.S. take intl. humanitarian law into consideration and the TPNW undercuts legal case for n-use.
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