According to the 9th Circuit’s panel opinion, the treaty’s Article VI is “non self-executing” and so “not judicially enforceable” when it comes to claims.
The panel also determined that the claims presented in the lawsuit were “inextricable political questions that were nonjusticiable and must be dismissed.”
Republic of the Marshall Islands vs. United States was argued before the appellate court in March. It named President Donald Trump, two Cabinet officials and the National Nuclear Security Administration as defendants.
The Marshall Islands sued the U.S. government in U.S. District Court in 2014. The “genesis” for the lawsuit, as the 9th Circuit panel explained, was the “grim legacy” of the detonation of 67 nuclear weapons in the 1940s and 1950s.
Payments to impacted Marshallese, mostly for personal injuries and property damage, eventually totaled $270 million. But a 2012 United Nations report recommended that the U.S. pay $2.3 billion in compensation for the nuclear testing, a view rejected in U.S. courts.
The Marshall Islands did not seek compensation but rather declaratory and injunctive relief “requiring the United States to comply with its commitments under the (Treaty on the Non-Proliferation of Nuclear Weapons) and international law.”
“Today’s decision is very disappointing,” she said. “But it is also more than that, because it undercuts the validity of the (treaty). There has never been a more critical time to enforce the legal obligations to negotiate in good faith for nuclear disarmament.”
Ashton said the court “failed to acknowledge the pleading of the (Republic of the Marshall Islands), supported by the declarations of experts, that such negotiations have never taken place. At issue was whether Article VI requires the U.S. to at least attend such negotiations, or whether it may continue to boycott them, as it did with the Nuclear Ban Treaty negotiations. To that we have no answer.”
Rick Wayman, director of programs for the Nuclear Age Peace Foundation and a consultant to the Republic of the Marshall Islands in its lawsuit, stated in the press release:
“The Marshall Islanders made a valiant and selfless effort to bring the U.S. into compliance with its existing legal obligations. I deeply appreciate the RMI’s courageous leadership on today’s most pressing existential threat.
Together with willing non-nuclear countries and non-governmental organizations around the world, we will continue to work until the scourge of nuclear weapons is eliminated from the earth.”
REPORTING ON HAWAII’S BIGGEST ISSUES
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