The bombing was immoral and illegal  The use of the Atomic bomb raised immediate moral questions as to its use.  Albert Einstein argued “The American decision [to use the bomb] may have been a fatal error, for men accustom themselves to thinking a weapon which has been used once can be used again... [on the other hand] Our renunciation of this weapon as too terrible to use would have carried great weight” [1] So far Einstein has been proved wrong and the precedent thus set has not been followed. That the bombs are ‘to terrible to use’ does seem to have sunk in.  The use of the bombs was also illegal as it would have breached the Hague conventions of 1899 and 1907, signed by the US. Of Hague IV The Laws and Customs of War on Land it probably breached articles 23, forbidding the use of weapons that cause ‘unnecessary suffering’, and article 25 forbidding the attack of undefended towns. It would certainly by its indiscriminate nature have breached article 27 “In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes” [2] as well as the attendant declaration forbidding attack from aircraft!  Clearly such sections forbidding attack from aircraft, or balloons in the 1899 version make the Hague convention seem antiquated but the laws of war in general remain even now as they were codified in 1907. [3] The International Court of Justice has referred back to these precedents “In the view of the vast majority of states as well as the writers there can be no doubt as to the applicability of humanitarian law to nuclear weapons. The Court shares that view.” [4] That humanitarian law included the Hague conventions. The court reconfirmed the view that “States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets” [5] It is noteworthy that dissensions from a position of banning the use of nuclear weapons entirely focus on the possible use with minimal civilian casualties. [6] Since the Hiroshima and Nagasaki bombings did not attempt to minimize civilian casualties the implication is that their use was illegal based upon the Hague conventions that were already in force.  [1] Albert Einstein, quoted by Rudolph A. Winnacker, ‘The Debate About Hiroshima’, Military Affairs, vol.11, no.1, Spring 1947, p.25.  [2] Laws and Customs of War on Land (Hague IV); October 18, 1907   [3] Malcom H. Shaw, International Law (Cambridge, 1997), p.807.  [4] International Court of Justice advisory opinion of 8 July 1996 Legality of the Threat or Use of Nuclear Weapons, paragraphs 85-6.   [5] ibid. para. 78.  [6] ibid. para. 91.