Day Five at the ICJ: Everybody’s Doing It
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Marshall Islands nuclear disarmament cases at the ICJ
The Marshall Islands wrapped up the first week of hearings in its
nuclear disarmament cases with oral arguments against the United
Kingdom. The RMI arguments outlined why the International Court of
Justice (ICJ) should declare jurisdiction in this case, and rebutted
arguments presented by the UK on Wednesday to the Court.
Phon van den Biesen, Co-Agent of the Marshall Islands, told the Court
that much of the UK’s argument presented earlier in the week was
self-proclaimed. Mr. van den Biesen said, “The respondent states,
quoting the most authoritative source available to it, that is quoting
itself, that ‘[t]he United Kingdom has a strong record on nuclear
disarmament.’” Van den Biesen went on to outline how the UK is not only
not engaged in nuclear disarmament negotiations, but “on the contrary it
is and continues to be opposed to such negotiations.”
Laurie Ashton, also arguing on behalf of the Marshall Islands, countered
the UK’s assertion that the RMI only joined the ICJ in order to bring
this case. The Marshall Islands, Ashton argued, has now had its
compulsory jurisdiction declaration on file with the Court for nearly
three years and has not modified it in any way. Ms. Ashton stated, “The
UK’s apparent indignation at the Marshall Islands’ acceptance of the
UK’s standing invitation to resolve disputes involving international law
and the interpretation of treaties is misplaced.”
Tony de Brum opened the hearing by describing the seriousness with which
the Marshall Islands treats the issues raised in the case. He repeated
the testimony of Lijon Eknilang, presented to the ICJ in 1995 during its
Advisory Opinion case. Ms. Eknilang said, “Women on the island have
given birth to babies that look like blobs of jelly. Some of these
things we carry for eight months, nine months. There are no legs, no
arms, no head, no nothing. Other children are born who will never
recognize this world or their own parents. They just lie there with
crooked arms and legs and never speak.”
Mr. de Brum also addressed the “one hand clapping” argument presented by
the UK’s Sir Daniel Bethlehem on Wednesday. Bethlehem argued that if the
Court would order the UK to negotiate for nuclear disarmament, it would
be the “one hand clapping” among the nine nuclear-armed states. De Brum
said, “This is another way of saying that, to the UK, no parties are
pursuing in good faith such negotiations. Or, put differently still, it
is like the person who, caught in poor conduct, replies: ‘Everybody’s
doing it.’”
He continued, “The ‘everybody’s doing it’ defense never worked in my own
household, does not work for my Country, and should not hold water
before this Court. Moreover, the UK entirely ignores the vast majority
of non-nuclear-weapon States, such as the Marshall Islands, that are now
seeking such negotiations in earnest.”
On Monday, the UK will present its final oral arguments relating to its
preliminary objections, followed by the Marshall Islands’ final oral
arguments on Wednesday. Following the conclusion of this phase of oral
arguments, the judges will conduct private deliberations until
announcing a decision on jurisdiction and admissibility at a date to be
announced.
Also on Monday, the Marshall Islands will present its final arguments in
the case against India.
————————————————————————
/Rick Wayman is Director of Programs at the Nuclear Age Peace
Foundation. He is tweeting about the ICJ hearings at //@rickwayman/
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