Nuclear Zero Lawsuits: Sample Article
THE NUCLEAR ZERO LAWSUITS:
UNKEPT PROMISES
On April 24, the Republic of the Marshall Islands (RMI) filed the Nuclear Zero
Lawsuits in the International Court of Justice against all nine nuclear-armed
nations, as well as against the United States in U.S. Federal District Court. RMI
claims that the Nuclear Weapon States are in breach of Article VI of the NonProliferation Treaty (NPT), which entered into force 16,121 days prior to the filing.
THE CASE FOR THE NUCLEAR ZERO LAWSUIT
Article VI states: “Each of the Parties to the Treaty undertakes to pursue
negotiations in good faith on effective measures relating to cessation of the
nuclear arms race at an early date and to nuclear disarmament, and on a treaty
on general and complete disarmament under strict and effective international
control.”
This was the grand bargain that convinced many non-nuclear weapon states to
sign the treaty and agree not to develop nuclear weapons of their own. Forty-four
years later, with no meaningful negotiations on the horizon and no end in sight to
the “step-by-step” process heralded by the permanent five members of the UN
Security Council (P5), the RMI has stepped in to change the discourse on nuclear
disarmament.
RMI is seeking declaratory relief from the courts that will compel the leaders of
the NWS to initiate good-faith negotiations for an end to the nuclear arms race
and to nuclear disarmament. They are challenging the leaders of the NWS to
answer, on the record, why 44 years have passed and nuclear arsenals continue
to be modernized, national security strategies continue to place nuclear weapons
at the top of the list, and the P5 don’t even expect to have a “Glossary of Key
Nuclear Terms” to talk about nuclear disarmament until 2015.
In addition to the five Nuclear Weapon States named in the NPT, the lawsuit also
includes the four nuclear weapon states that are not parties to the NPT – Israel,
India, Pakistan and North Korea – which, RMI argues, are bound to Article VI
obligations under customary international law.
Nuclear Zero Lawsuits: Sample Article
THE PLAINTIFF
The RMI is a small sovereign nation, among the smallest in the world. However,
their courage could not be greater. Having been a testing ground for 67 nuclear
tests between 1946 and 1958, the Marshall Islanders have seen their land, sea
and people poisoned from radiation. They have experienced firsthand the horrible
destruction caused by nuclear weapons and those that possess them. They are
willing to stand up to the nine nuclear giants and say, “Never again. We have seen
the destructive impact of these horrific weapons and vow to do all we can so the
world never sees such atrocities again.”
THIS NATION DOES NOT ACT ALONE
We are part of a consortium of NGOs working to highlight the legal and moral
issues involved in the Nuclear Zero Lawsuit. We respect the courage of the
plaintiff in bringing these lawsuits against some of the most powerful nations in
the world.
We urge you to join us by raising your voice in support of the Nuclear Zero
Lawsuit. Go to www.nuclearzero.org, where you can read more about the
lawsuits and sign the petition encouraging leaders of the Nuclear Weapon States
to begin good-faith negotiations.