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

Scott D. Sagan

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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.