INTERNATIONAL COURT OF JUSTICE DISMISSES MARSHALL ISLANDS’ NUCLEAR DISARMAMENT CASES WITHOUT CONSIDERING THE MERITS
October 5, 2016
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Rick Wayman of the Nuclear Age Peace Foundation reports:

The International Court of Justice (ICJ), the world’s highest court, delivered its judgments on preliminary issues in the Marshall Islands’ nuclear disarmament cases against India, Pakistan and the United Kingdom (UK)...

Phon van den Biesen, Co-Agent of the Republic of the Marshall Islands, said, “We are pleased that the Court recited its unanimous decision of 1996 that there exists an obligation to pursue in good faith negotiations leading to nuclear disarmament in all its aspects. Likewise we are pleased that half of the judges of the highest court in the world confirmed, as the Marshall Islands alleged, that jurisdiction exists here. Nonetheless it is difficult to understand how eight judges could have found that no disputes existed in these cases when they were filed. So that is very disappointing. It is particularly worrying that the World Court cannot be unanimous on what it takes to establish a dispute in the context of nuclear disarmament.”...

David Krieger, President of the Nuclear Age Peace Foundation and a consultant to the RMI, said, “In bringing these lawsuits, Tony de Brum and the Marshall Islands have demonstrated the courage and determination to act and speak, based on conviction and bitter, tragic experience, for the benefit of all humankind. De Brum and the Marshall Islands made the choice to act in a constructive manner to find a path to end the existential threat posed by nuclear weapons. With the lawsuits, the Marshall Islands challenged the nuclear-armed states to show good faith in meeting the universal legal obligation to pursue and conclude negotiations on complete nuclear disarmament. The Marshall Islands itself has shown good faith fulfilment of that obligation in a dignified, respectful way, through court action.”...

Official statement from the government of the Republic of the Marshall Islands:

“While these proceedings were initiated by a previous government administration, and have been carried forward, the Marshall Islands has - for decades - repeatedly reminded the international community that our own burden and experiences with nuclear detonation must never again be repeated - this includes Marshallese who petitioned the United Nations in 1954 and 1956 to cease the nuclear testing program during its status as a UN Trust Territory. Recent nuclear tests in North Korea are a stunning example of clearly unacceptable risks which remain with us all.  

While it may be that there are several political pathways to sharply reducing - and eliminating - nuclear risk, further progress on nuclear disarmament appears stalled. Without further flexibility and political will by all sides of the table, and with all necessary actors - and without common agreement on a way forward, it is as though there is no visible path to a world free of nuclear weapons, and the peace and security which accompany it. Such a lack of progress is no way to honor or respond to the lesson that Marshallese people have offered the world.

We look forward to studying closely the Court's opinion before commenting further.” More.

Article originally appeared on Beyond Nuclear (https://archive.beyondnuclear.org/).
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