by Max Bartels
Impunity Watch Reporter, Oceania
Majuro, Republic of Marshall Islands
The tiny island nation of the Republic of Marshall Islands has sued a number of nations in the United Nations highest court, the International Court of Justice (ICJ) in The Hague. The nations involved in the suit include the Unites States, China, North Korea, France, India, Israel, Pakistan, Russia and the United Kingdom. The Marshall Islands accuses these nations of not fulfilling their obligations with respect to the cessation of the nuclear arms race at an early date and to nuclear disarmament.
(Photo Curtesy of The Guardian)
The lawsuit is particularly pointed at the United States, which used the different atolls of the Marshall Islands as a testing ground for their nuclear programs between 1946 and 1958. During that 12 year span the U.S detonated 67 nuclear weapons of varying potency.
The inhabitants of Bikini Atoll were evacuated in 1946 to make way for the testing. Then in 1954 the atoll was vaporized by a 15- Megaton hydrogen bomb. The inhabitants of the atoll were allowed to return to in the early 1970s but were again removed in 1978 after ingesting high levels of radiation from eating local foods grown on the atoll.
The people of Rongelap Atoll were exposed to severe nuclear fallout from U.S nuclear testing in 1954. It is estimated that the people of Rongelap were exposed to three times the external dose of the people most heavily exposed to the Chernobyl accident. The U.S government did not evacuate the people of Rongelap until two days after the explosion. The people of the Marshall Islands that have been exposed to the radiation of the testing sites have suffered many adverse effects such as tissue destructive effects and latent radiation diseases. In 2005 the National Cancer Institute reported that the risk of contracting cancer to those exposed to fallout is one in three.
Under an Agreement between the U.S and the Marshall Islands a Nuclear Claims Tribunal was formed to award damages to the victims of the nuclear tests. However, the tribunal has never had the funds to fully compensate the damage done. The Tribunal has awarded about $2.15 billion in damages but only about $150 million was paid because the U.S compensation fund was exhausted. The U.S claims that it is continuing to work with the Marshall Islands to provide health care and environmental monitoring.
The nuclear-armed countries named in the lawsuit will most likely argue that they have been making progress in certain areas or that they support the start of negations toward disarmament. The lawsuits state that Article VI of the Non-Proliferation Treaty (NPT) requires states to negotiate in “good faith” on nuclear disarmament. It will be up to the ICJ to decide if the nuclear- armed countries, including the U.S have sufficiently complied with International law.
For more information, please see:
News.com.au — Marshall Islands Sues U.S, Others Over Nuclear Arms — 25 April 2014
The World Post — The Legacy of U.S Nuclear Testing in the Marshall Islands — 23 May 2010
The Guardian — Bikini Atoll Nuclear Test: 60 Years Later and Islands Still Unlivable — 2 March 2014
