The tiny Pacific nation of the Marshall Islands is taking on the United States and the world’s eight other nuclear-armed nations with an unprecedented lawsuit demanding that they meet their obligations toward disarmament and accusing them of “flagrant violations” of international law.
The island group, used for dozens of U.S. nuclear tests after World War II, has filed suit against each of the nine countries in the International Court of Justice in The Hague, Netherlands. It also filed a federal lawsuit against the United States in San Francisco, naming President Barack Obama, the departments and secretaries of defense and energy and the National Nuclear Security Administration. The Marshall Islands claims the nine countries are modernizing their nuclear arsenals instead of negotiating disarmament, and it estimates that they will spend $1 trillion on those arsenals over the next decade.
“I personally see it as kind of David and Goliath, except that there are no slingshots involved,” David Krieger, president of the California-based Nuclear Age Peace Foundation, told The Associated Press. He is acting as a consultant in the case. There are hopes that other countries will join the legal effort, he said.
The countries targeted also include Russia, Britain, France, China, Israel, India, Pakistan and North Korea. The last four are not parties to the 1968 Nuclear Nonproliferation Treaty, but the lawsuits argue they are bound by its provisions under “customary international law.” The nonproliferation treaty, considered the cornerstone of nuclear disarmament efforts, requires negotiations among countries in good faith on disarmament.
The Marshall Islands were the site of 67 nuclear tests by the United States over a 12-year period, with lasting health and environmental impacts.
“Our people have suffered the catastrophic and irreparable damage of these weapons, and we vow to fight so that no one else on earth will ever again experience these atrocities,” the country’s foreign minister, Tony de Brum, said in a statement announcing the lawsuits.
The country is seeking action, not compensation. It wants the courts to require that the nine nuclear-armed states meet their obligations. None of the countries had been informed in advance of the lawsuits. Spokespeople from the U.S. Embassy in the Netherlands said they could not immediately comment.
Several Nobel Peace Prize winners are said to support the legal action, including South African Archbishop Desmond Tutu and Iranian-born rights lawyer Shirin Ebadi. “We must ask why these leaders continue to break their promises and put their citizens and the world at risk of horrific devastation,” Tutu said in the statement announcing the legal action.
The Marshall Islands is asking the countries to accept the International Court of Justice’s jurisdiction in this case and explain their positions on the issue. The court has seen cases on nuclear weapons before. In the 1970s, Australia and New Zealand took France to the court in an effort to stop its atmospheric nuclear tests in the Pacific.
This report compiled with information from The Associated Press.