Marshall Islands against Nine Nuclear-Armed States

Operation Crossroads. Aerial view of the Able mushroom cloud rising from the lagoon with the Bikini Island visible in the background. The cloud carried the radioactive contaminants into the stratosphere.  Image from wikipedia

On April 24, 2014, the Republic of the Marshall Islands (RMI) filed applications in the International Court of Justice against the nine nuclear-armed states, United States, United Kingdom, France, Russia, China, India, Pakistan, Israel, and North Korea.  The RMI also filed a companion case against the United States in U.S. federal court in San Francisco….

Three of the nine states possessing nuclear arsenals, the UK, India, and Pakistan, have accepted the compulsory jurisdiction of the Court when the opposing state has done so, as the Marshall Islands has. The cases are proceeding as to those states, and developments can be followed on the ICJ website, http://www.icj-cij.org.  As to the other six states, RMI is calling on them to accept the jurisdiction of the Court in these cases and to explain to the Court their positions regarding the nuclear disarmament obligations. However, China has already notified the Court that it declines to accept the Court’s jurisdiction in this matter.

The claims in the ICJ cases are for:

1)      breach of the obligation to pursue in good faith negotiations leading to nuclear disarmament, by refusing to commence multilateral negotiations to that end and/or by implementing policies contrary to the objective of nuclear disarmament;

2)      breach of the obligation to pursue negotiations in good faith on cessation of the nuclear arms race at an early date;

3)      breach of the obligation to perform the above obligations in good faith, by planning for retention of nuclear forces for decades into the future;

4)      failure to perform obligations relating to nuclear disarmament and cessation of the nuclear arms race in good faith by effectively preventing the great majority of non-nuclear weapon states from fulfilling their part of those obligations.

For the Nuclear Non-Proliferation Treaty (NPT) nuclear-weapon states, the U.S., UK, France, Russia, and China, the claims are made under both the NPT and customary international law. For the four states possessing nuclear arsenals outside the NPT, India, Pakistan, Israel, and North Korea, the claims are made under customary international law only. The customary obligations are based on widespread and representative participation of states in the NPT and the long history of United Nations resolutions on nuclear disarmament, and reflect as well the incompatibility of use of nuclear weapons with international law.

Hearings on preliminary issues – whether the cases are suitable for decision by the Court – probably will take place by late 2015 or early 2016. Proceedings on the merits could take another two or three years.

Excepts from The Marshall Islands’ Nuclear Zero Cases in the World Court:. Background and Current Status, Lawyers Committee on Nuclear Policy/November 2014

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