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When the law really IS an ass – International Court of Justice rejects Marshall Islands’ nuclear weapons case

law-an-assNuclear Standoff, CounterPunch,  OCTOBER 14, 2016 …………the Republic of the Marshall Islands has lost its case in the International Court of Justice. On a technicality, no less! Phon van den Biesen, lead attorney for the tiny island nation, which had sued the world’s nine nuclear powers — the United States, Russia, China, Great Britain, France, Israel, India, Pakistan and North Korea — to begin real nuclear disarmament negotiations, said the case was dismissed earlier this month on a “micro formality,” which in my layman’s grasp of the matter might be called, instead, a desperate legal cop out.

The case, which, technically, was brought against only three of the nine nuclear powers, Great Britain, India and Pakistan (because those are the only three nations that acknowledge the binding authority of the ICJ), was dismissed — in a split decision that could be called the First World against the rest of humanity — on the grounds that there wasn’t sufficient evidence of a dispute between the parties, so the court had no jurisdiction to hear the case on its merits.

Huh?

JOHN PILGER – Breaking The Silence – 2016

The ICJ’s dissenting judges (in the case against Great Britain, the verdict to dismiss was 9-7, against India and Pakistan it was 8-8), expressed as much incredulity as I did on hearing the news.

The Marshall Islands lawsuits (a second suit was also filed, specifically against the United States, in U.S. federal court, and is still pending) demanded compliance with Article VI of the 1968 Nuclear Nonproliferation Treaty, signed by the U.S. in 1970, which reads: “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.”

“General and complete disarmament — do these words actually have meaning?” I asked last January. “Right now the Marshall Islands stand alone among the nations of Planet Earth in believing that they do.”

This tiny nation of islands and atolls — this former U.S. territory — with a population of about 70,000, was the scene of 67 nuclear test blasts in the 1950s, back when bigger was better. Some people’s homes were destroyed for eternity. The islanders suffered ghastly and often lethal levels of radiation and were essentially regarded, by their U.S. overlords, as human guinea pigs — a fantastic opportunity to study the effects of nuclear fallout. Eventually, the U.S. atoned for its destruction by paying the Republic of the Marshall Islands a pathetic $150 million “for all claims, past, present and future.”

Now this nation is trying to save the rest of the planet by insisting that nuclear disarmament negotiations must get underway.

In a dissenting opinion, ICJ Judge Antônio Augusto Cançado Trindade of Brazil lamented that the world needed to recognize the “prevalence of human conscience” over national interests.

As Rick Wayman of the Nuclear Age Peace Foundation pointed out, of the ICJ justices who voted not to hear the case on its merits, six were from nuclear-armed nations (the U.S., Russia, China, France, Great Britain and India) and the other two from nations (Japan, Italy) “deeply invested in the U.S. ‘nuclear umbrella.’”

The nations of the dissenting judges included Brazil, Somalia, Jamaica, Australia and Morocco…….. The human conscience is dismissed on a technicality……. http://www.counterpunch.org/2016/10/14/nuclear-standoff/

October 15, 2016 - Posted by | Legal, OCEANIA

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