In an unprecedented legal effort to hold nuclear-armed nations accountable, the Republic of the Marshall Islands (RMI) filed lawsuits against the United States, Russia, the United Kingdom, France, China, India, Israel, Pakistan, and North Korea in the International Court of Justice (ICJ) in The Hague. The RMI’s case is rooted in the belief that these countries have failed to meet their legal obligations under international law, specifically under the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and customary international law, to engage in good-faith negotiations for nuclear disarmament.
The Legal Team
The RMI’s legal team comprises a distinguished group of experts in international law, diplomacy, and nuclear policy, dedicated to advocating for global disarmament.
- Tony A. de Brum
Co-Agent, Foreign Minister of the Republic of the Marshall Islands, and a leading voice in the case, de Brum has long been an advocate for nuclear justice. His own nation, the Marshall Islands, suffered the devastating consequences of nuclear testing by the United States during the 1940s and 1950s. - Phon van den Biesen
Co-Agent and attorney at law, van den Biesen from Van den Biesen Kloostra Advocaten in Amsterdam, has extensive experience in international legal cases and has been instrumental in representing the RMI in The Hague. - Laurie Ashton, Esq.
Counsel from Keller Rohrback L.L.P., United States, Ashton plays a critical role in shaping the legal strategy for the case filed in the U.S. Federal District Court in San Francisco. - John Burroughs, Esq.
Counsel and Executive Director of the Lawyers Committee on Nuclear Policy, Burroughs is a leading expert in nuclear disarmament law and represents the RMI at the UN Office of the International Association of Lawyers Against Nuclear Arms. - Christine Chinkin
Counsel and Professor of International Law at the London School of Economics, Chinkin is a globally recognized expert in international human rights law. - Nicholas Grief
Counsel from Doughty Street Chambers and Professor of Law at the University of Kent, United Kingdom, Grief brings substantial expertise in international law and nuclear policy to the team. - Peter Weiss, Esq.
A consultant and Co-President of the International Association of Lawyers Against Nuclear Arms, Weiss has decades of experience advocating for nuclear disarmament. - Luigi Condorelli
Counsel and Professor of International Law at the University of Florence and Honorary Professor of International Law at the University of Geneva, Condorelli provides valuable insights into international legal frameworks. - Paolo Palchetti
Counsel and Professor of International Law at the University of Macerata, Palchetti is known for his expertise in state responsibility and international litigation. - Roger S. Clark
Counsel and Board of Governors Professor at Rutgers Law School, Camden, Clark specializes in international criminal law and has worked on numerous cases involving state responsibility and human rights violations.
The Cases
The RMI has filed individual cases against each of the nuclear-armed states in the ICJ, including:
- RMI vs. United States of America
- RMI vs. The Russian Federation
- RMI vs. The United Kingdom
- RMI vs. The French Republic
- RMI vs. The People’s Republic of China
- RMI vs. The State of Israel
- RMI vs. The Republic of India
- RMI vs. The Islamic Republic of Pakistan
- RMI vs. The Democratic People’s Republic of Korea (North Korea)
In each case, the RMI argues that the defendant states have not fulfilled their obligations to negotiate in good faith toward nuclear disarmament as required by Article VI of the NPT and customary international law. The Marshall Islands, having witnessed firsthand the catastrophic effects of nuclear weapons during decades of U.S. nuclear testing, seeks to hold these nations accountable for their continued reliance on nuclear arsenals.
U.S. Federal District Court Case
In addition to the ICJ proceedings, the RMI has also filed a lawsuit against the United States in the U.S. Federal District Court in San Francisco. This case focuses on the U.S.’s domestic obligations under international treaties and challenges its failure to move toward nuclear disarmament as stipulated by the NPT. This legal move marks a bold attempt to hold a major nuclear power accountable within its own judicial system.
A Historic Fight for Global Nuclear Disarmament
The Republic of the Marshall Islands, through these landmark legal cases, aims to create a world where nuclear weapons no longer pose an existential threat. The cases represent a powerful plea for justice, not only for the Marshallese people but for humanity as a whole. By bringing the issue of nuclear disarmament to the highest courts, the RMI is pushing the world to confront the legal and moral imperatives of eradicating nuclear weapons and ensuring a safer future for all.