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6.17.4 Authority Under Domestic Law to Employ Herbicides in War. Use of herbicidesin war by the U.S. armed forces requires advance Presidential approval. 408 Additionalregulations govern the use of herbicides.6.18 NUCLEAR WEAPONSThere is no general prohibition in treaty or customary international law on the use ofnuclear weapons. 409 The United States has not accepted a treaty rule that prohibits the use ofnuclear weapons per se, and thus nuclear weapons are lawful weapons for the United States.The law of war governs the use of nuclear weapons, just as it governs the use ofconventional weapons. 410 For example, nuclear weapons must be directed against militaryobjectives. 411 In addition, attacks using nuclear weapons must not be conducted when theexpected incidental harm to civilians is excessive compared to the military advantage expected tobe gained. 4126.18.1 U.S. Policy on the Use of Nuclear Weapons. The United States has developednational policy on the use of nuclear weapons. For example, the United States has stated that itwould only consider the use of nuclear weapons in extreme circumstances to defend the vitalinterests of the United States or its allies and partners. 413 In addition, the United States has statedthat it will not use or threaten to use nuclear weapons against non-nuclear weapons States that408 Executive Order 11850, Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents,40 FEDERAL REGISTER 16187 (Apr. 8, 1975) (“The Secretary of Defense shall take all necessary measures to ensurethat the use by the Armed Forces of the United States of any ... chemical herbicides in war is prohibited unless suchuse has Presidential approval, in advance.”).409 Written Statement of the Government of the United States of America, 21, Jun. 20, 1995, I.C.J., Request by theUnited Nations General Assembly for an Advisory Opinion on the Legality of the Threat or Use of NuclearWeapons (noting that “there is no general prohibition in conventional or customary international law on the use ofnuclear weapons,”).410 See, e.g., Secretary of Defense, Report on Nuclear Employment Strategy of the United States Specified in Section491 of 10 U.S.C., 4-5 (Jun. 2013) (“The new guidance makes clear that all plans must also be consistent with thefundamental principles of the Law of Armed Conflict. Accordingly, plans will, for example, apply the principles ofdistinction and proportionality and seek to minimize collateral damage to civilian populations and civilian objects.The United States will not intentionally target civilian populations or civilian objects.”); Written Statement of theGovernment of the United States of America, 21, Jun. 20, 1995, I.C.J., Request by the United Nations GeneralAssembly for an Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (“The United Stateshas long taken the position that various principles of the international law of armed conflict would apply to the useof nuclear weapons as well as to other means and methods of warfare. This in no way means, however, that the useof nuclear weapons is precluded by the law of war.”); Edward R. Cummings, The Role of Humanitarian Law, Sept.25, 1982, III CUMULATIVE DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW 1981-1988 3421, 3422 (Asfar back as 1965 the U.S. supported a UN Resolution that essentially stated “that all governments and otherauthorities responsible for action in armed conflicts should conform at least to the following principle[] ... that thegeneral principles of the Law of War apply to nuclear and similar weapons.”).411 Refer to § 5.6 (Discrimination in Conducting Attacks).412 Refer to § 5.12 (Proportionality in Conducting Attacks).413 Department of Defense, Nuclear Posture Review Report 17 (Apr. 2010) (“The United States would only considerthe use of nuclear weapons in extreme circumstances to defend the vital interests of the United States or its alliesand partners.”).393