Day One at the ICJ: Marshall Islands Shines Against India
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The judges at the International Court of Justice
It was an historic day at the International Court of Justice (ICJ), as oral arguments in the first-ever contentious cases on nuclear disarmament began at the ICJ.
The Republic of the Marshall Islands (RMI) argued strongly in favor of
the ICJ holding jurisdiction in the case that the RMI has brought
against India.
Tony de Brum, Co-Agent of the RMI and former Foreign Minister, opened
the arguments with a strong statement explaining why the case is before
the ICJ. He said, “We are here in peace, and our goal is no smaller than
to obtain the required negotiations in good faith for nuclear disarmament.”
Mr. de Brum went on to describe his personal experience as a witness to
many of the 67 U.S. nuclear tests that were conducted in the Marshall
Islands from 1946-58. He then told the court:
/To be clear, while these experiences give us a unique perspective that
we never requested, they are not the basis of this dispute. But they do
help explain why a Country of our size and limited resources would risk
bringing a case such as this regarding an enormous, nuclear-armed State
such as India, and its breach of customary international law with
respect to negotiations for nuclear disarmament and an end to the
nuclear arms race./
India has raised objections with the ICJ that the Court does not have
jurisdiction in this case for a number of reasons. The RMI legal team
addressed India’s objections and argued effectively against them.
Nicholas Grief, a member of the RMI legal team and professor of
international law at the University of Kent in the UK, explained why
India has an obligation under customary international law to negotiate
in good faith for nuclear disarmament. In particular, Professor Grief
explained that the Court had recognized this customary obligation in its
1996 Advisory Opinion and that the UN General Assembly and Security
Council had both contributed to the rule’s development. He recalled that
the Court itself had referred to the very first General Assembly
resolution, adopted unanimously in 1946, as the starting point for
nuclear disarmament as an international norm. Among many other legal
arguments, Grief also cited a 2009 UN Security Council resolution which
calls upon “the parties to the NPT, pursuant to Article VI of the
Treaty, to undertake to pursue negotiations in good faith on effective
measures relating to nuclear arms reduction and disarmament,” and calls
upon “all other States to join in this endeavor.”
In February 2014, India stated at the Second Conference on the
Humanitarian Impact of Nuclear Weapons, “We cannot accept the logic that
a few nations have the right to pursue their security by threatening the
survival of mankind. It is not only those who live by the nuclear sword
who, by design or default, shall one day perish by it.”
The Marshall Islands, by bringing these lawsuits against India and the
other nuclear-armed nations to the ICJ, seeks a peaceful resolution for
the benefit of all humankind.
The ICJ oral hearings continue tomorrow at 10:00 am CET, with the RMI
presenting arguments in its case against Pakistan.
————————————————————————
/Rick Wayman (//@rickwayman/
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and Jackie Cabasso (//@jackiecabasso/
<http://org2.salsalabs.com/dia/track.jsp?v=2&c=eibztPyVY3ihNJwNcrSrftluoqJ8ryIw>/)
will be tweeting live from the ICJ every day. You can also get updates
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