Day Three at the ICJ: What Is the Sound of One Hand Clapping?
Facebook
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=jAbG%2BSZNx7HvfTJ56U0MSRisB2LcLieZ>
Twitter
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=QPjWH%2BnQvoYTf1wY7sHPbRisB2LcLieZ>
Addthis
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=makSkRCLuOJlPOG%2F1QAZQRisB2LcLieZ>
Peace Palace in The HagueThe United Kingdom presented oral arguments at
the opening session of the Marshall Islands vs. United Kingdom case
today at the International Court of Justice (ICJ). The Marshall Islands
filed an application against the UK – and separately against each of the
other eight nuclear-armed nations – at the ICJ in April 2014.
This morning’s hearing addressed preliminary objections
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=SORaGtRYU2j39ynml%2FVqBBisB2LcLieZ>
raised by the UK. Sir Daniel Bethlehem began the arguments with a
lengthy treatise about why there is no “dispute” between the United
Kingdom and the Marshall Islands. According to Bethlehem, the UK was
surprised that the Marshall Islands filed a case against it in 2014. He
said, “The United Kingdom had thought, although naively, as it now
appears, that we had a strong record on nuclear disarmament.”
The United Kingdom currently plans to spend many billions of pounds to
build a new nuclear weapon system to replace its current four Trident
nuclear-armed submarines. Such a weapons system would be operable well
in to the 2060s.
Sir Bethlehem expressed dismay that the Marshall Islands would bring a
case against the United Kingdom when it knew that the other
nuclear-armed members of the Non-Proliferation Treaty (NPT) – the United
States, Russia, France and China – do not accept the jurisdiction of the
ICJ. A ruling by the Court against the UK in this case, Sir Bethlehem
argued, could force the United Kingdom to “be the one hand clapping” for
good faith nuclear disarmament negotiations among the five nuclear-armed
NPT signatories.
The UK was also displeased with the fact that the Marshall Islands filed
an application against it on the very day that the UK’s anti-ambush
clause expired. As part of the reservation that the UK has on file with
the ICJ, countries are required to be a member of the Court for a
minimum of one year before bringing any case against the UK. The
Marshall Islands filed its application against the UK immediately after
this one-year waiting period expired. For this reason, the UK called the
Marshall Islands’ application “an artificial case.”
Jessica Wells, Counsel for the UK, argued that the ICJ should not admit
this case because the UK cooperates with other nuclear-armed nations on
various nuclear-related issues. For example, the Mutual Defense
Agreement is a bilateral treaty between the United States and UK in
which both sides agree to share classified information to improve
“atomic weapon design, development, and fabrication capability.” Because
of this and other bilateral or multilateral arrangements, Ms. Wells
argued, “a determination by the Court that the United Kingdom is in
breach of its obligations to negotiate by reason of this conduct cannot
be confined to the United Kingdom alone.”
The Marshall Islands will present oral arguments in the case against the
United Kingdom this Friday from 3-6 pm CET. As always, the hearings will
be livestreamed on the ICJ website
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=QUhiNkZb06lEAULMn%2B39ixisB2LcLieZ>.
Tomorrow, India will present oral arguments at the ICJ from 10 am to 1 pm.
————————————————————————
/Rick Wayman (//@rickwayman/
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=GScHnenmlztOiFn7srMv8xisB2LcLieZ>/)
and Jackie Cabasso (//@jackiecabasso/
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=94FO%2BNpgMPjEdWdfiPva8Id03%2BrKSvDb>/)
will be tweeting live from the ICJ every day. You can also get updates
from the NAPF //Facebook/
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=aolTYxceIjHFO1yCB2nzJhisB2LcLieZ>/and
//Twitter/
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=aqghJSqklsh3p4I2wO3iXBisB2LcLieZ>/feeds,
and video of the oral arguments is available on the//ICJ website/
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=niSyF6GlgFb7EaOU6kYLmRisB2LcLieZ>.
To unsubscribe from this email list, click here
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=2OolaiFbmEdS9TaJz0tdhhisB2LcLieZ>.
empowered by Salsa <http://www.salsalabs.com/?email>