 He states that a nuclear depth charge targeted toward an enemy submarine does not give rise to immediate civilian casualties, meets the test of proportionality and leaves significantly less radiation in the ocean than the targeted submarines missiles would leave on land.Judge Schwebel characterizes the immense antinomy between the principles of international humanitarian law and nuclear weapons as a titanic tension between state practice and legal principle never before seen by the Court.He is critical of the Court's inability to conclude whether or not the threat or use of nuclear weapons is lawful or unlawful in an extreme circumstance of State self-defense.