Mark Levin: In 1945, “we dropped two atomic bombs. Now, I'm not encouraging it. I'm asking about the law. Is that legal today under the war — law of the war or not?”
Levin discusses the legality of using atomic weapons under the Law of Armed Conflict
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From the April 11, 2026, edition of Fox News' Life, Liberty & Levin
MARK LEVIN (HOST): I have in front of me, though, you know, the Potsdam Declaration, July 1945. I wasn't even going to mention this, but I have it. And then we have the Instrument of Surrender by the Japanese, September 2, 1945. And in order to implement the Potsdam Declaration and get them to surrender to the terms that the Allies wanted, we dropped two atomic bombs. Now, I'm not encouraging it. I'm asking about the law. Is that legal today under the war — law of the war or not?
BRIAN COX (GUEST): Yeah, so, the calculation is a bit different when it comes to weapons of mass destruction because that's really a — those are munitions that have a strategic-level effect.
And, so, for us, it would be the president of the United States who decides whether to launch nuclear weapons, and, so — which was also the case back in World War II. The considerations are probably a bit different now, but it's still — this Law of Armed Conflict still applies. It's just the decision-making process for weapons of mass destruction is elevated because of the strategic nature of the impact of those weapons.
LEVIN: So, I take that as a possible yes. I'm not encouraging it. You know, the left goes crazy, and they try to put words in our mouths. I'm just trying to get the law nailed down here.