A Guide for Non-Governmental Organizations and Campaigners Produced by NUCLEAR AGE PEACE FOUNDATION Committed to a World Free of Nuclear Weapons
Table of Contents Nuclear Zero Lawsuits: The Unkept Promise... 3 Frequently Asked Questions... 4 + 5 Petition: Be a Hero for Nuclear Zero... 6 Newsletter Article... 7 Press Release... 8 Important Notes About Media and Social Media... 9 Social Media... 10 + 11 This guide, along with all of its individual elements, is available for download at www.wagingpeace.org/nuclearzero.
Nuclear Zero Lawsuits: The Unkept Promise The story: Landmark lawsuits were filed on April 24, 2014 against all nine nuclear weapon states in the International Court of Justice (ICJ) and, on the same day, against the United States in U.S. Federal District Court. At the heart of the lawsuits is this: holding these nations accountable for their breach of the nuclear Non-Proliferation Treaty (NPT), specifically Article VI of the treaty. At no time ever before in U.S. history has the United States been sued in U.S. court for breach of an international treaty. A brief history: The NPT was opened for signature in 1968 and entered into force in 1970. Article VI obligates signatories to pursue negotiations in good faith for an end to the nuclear arms race at an early date and for nuclear disarmament. The NPT nuclear weapon states (U.S., UK, Russia, France and China) are in violation of their treaty obligations by continuing to modernize their nuclear forces and by failing to negotiate in good faith for nuclear disarmament (44 years since entry into force of the treaty does not meet the definition of at an early date ). For the same reasons, the four nuclear weapon states not party to the NPT (Israel, India, Pakistan and North Korea) are in violation of customary international law. David vs. Goliath: The Republic of the Marshall Islands (RMI) has filed these lawsuits in the ICJ and in U.S. court. RMI is a small island nation in the Pacific whose people have suffered greatly at the hands of U.S. atmospheric nuclear tests in the 1940s and 1950s. Their filings are a bold form of peaceful, non-violent action aimed at making substantial changes to the status quo on an issue that threatens the security and future of all generations. Who stands behind this small nation: The Nuclear Age Peace Foundation has been working since 2012 to assemble a world-class pro bono legal team to represent RMI in this important case. NAPF s official role in the case is as a consultant to RMI. Many NGOs from around the world have indicated strong support for the strategy and will be working to mobilize the public around the lawsuits. If not now, when? Litigation filed in the women s suffrage movement, as well as the civil rights movement, was instrumental in leading to unprecedented social and political change. The issue of nuclear disarmament must also be debated in a binding, public forum with a written record. Will the six nuclear weapon states that have not committed to compulsory jurisdiction at the ICJ agree to the legitimacy of the case against them? If not, what does this say about their commitment to nuclear disarmament? The United States Constitution specifically provides that when the United States is a party to a treaty, that treaty is the supreme law of the land in this country. Will the U.S. government tell the world in a public forum that its treaties are meaningless and unenforceable? The Nuclear Zero Lawsuits call upon the nuclear weapon giants to fulfill their collective legal and moral promise of nuclear disarmament. Zero is the only safe number of nuclear weapons on the planet. 3 Nuclear Zero Lawsuits
Frequently Asked Questions Every man, woman and child on Earth deserves to live free from the threat of nuclear weapons. These terrible weapons endanger all human life. Countries around the world pledged to work toward a world without nuclear weapons in recognition of this unacceptable threat. Yet, the leaders of the nine nuclear weapon states (NWS) have refused to negotiate in good faith for a world without nuclear weapons. These unprecedented lawsuits hold them accountable to their obligation in Article VI of the Nuclear Non-Proliferation Treaty (NPT) and under customary international law. The lawsuits seek court action to enforce the treaty. Is that a realistic goal? Absolutely. It is what the parties to the treaty bargained for and agreed to when they signed and ratified the treaty. The NPT entered into force in 1970 and the negotiations still have not begun. Why bring the action to the courts? What can they do? Because the parties to the treaty, and particularly the nuclear weapon states, are not fulfilling their obligations to negotiate in good faith to eliminate nuclear weapons. Courts can give declaratory and injunctive relief; that is, they can declare that the nuclear weapon states are in breach of their obligations and order them to initiate those negotiations immediately. What about the countries that are not parties to the NPT? Is the initiation of negotiations sufficient to eliminate nuclear weapons? No. The negotiations must not only be initiated, but also completed. In 1996, the ICJ found that countries not only have an obligation to negotiate in good faith but also to complete those negotiations to eliminate nuclear weapons under strict and effective international control. Are more countries joining this legal action? As firsthand witnesses to the atrocities of these weapons of mass destruction, the RMI s courageous stand to protect the rest of the world will not go unnoticed. This legal challenge will move more countries to join in and inspire the millions of people around the world who are already fighting to eliminate the nuclear weapons threat. The International Court of Justice (ICJ) has previously found that all countries have this obligation - that it is an obligation under customary international law as well as under Article VI of the NPT. 4 Nuclear Zero Lawsuits
What if governments say the Courts have no jurisdiction over this Treaty? Let them say that, on the record in a binding, public forum. Let them tell the people of the world that treaties are not enforceable anywhere because no court anywhere has jurisdiction. We doubt that s a position governments want to trumpet, because it would have the potential to impair practically all negotiations on all treaties. Don t you think this is a crazy idea? The continued existence of nuclear weapons is what s really crazy. The nuclear abolition movement must push back with different, coordinated campaigns, and this is just one of them. Some of the programs and pressure points are more conventional, and we realize this one is very bold and requires outside the box thinking. The lawsuits filed in the women s suffrage movement, as well as the civil rights movement, were once viewed as crazy as well. However, no one can doubt how instrumental they were in leading to unprecedented social and political change. The same is true today, as we watch many of the issues of the day being decided by the Courts. What can an individual do? This is a court case. We the people can t really do anything, right? Individuals can go to www.nuclearzero.org to sign the Be A Hero for Nuclear Zero petition, become engaged, share with their friends and families and find out more about what they can do to make a difference in support of fulfilling the Article VI promise and seeking a world free of nuclear weapons. Does this campaign detract from the campaign to get non-nuclear weapon states to initiate a treaty banning nuclear weapons? No. We strongly believe that the two campaigns are complementary. There has been significant progress in the past couple of years in getting non-nuclear weapon states to support a ban treaty. However, as evidenced by the P5 s absence from and open mocking of any nuclear disarmament forum that does not accept their snail s pace step-by-step strategy, the nuclear weapon states must be called out much more publicly. The courage of the Republic of the Marshall Islands and subsequent countries that sign on, along with an effective civil society campaign, can effectively compel the nuclear weapon states to participate constructively in real negotiations to eliminate all nuclear weapons. What s next now that the lawsuits have been filed? It is difficult to predict what will happen next in the courts. We will be watching things very closely and will keep campaigners and the public updated about every development. The thing we can control is how much we publicize the lawsuits. Please join us on Facebook and Twitter, send e-mail updates to your supporters, issue press releases to your media contacts, and include articles about the lawsuits in your organization s newsletters and print publications. 5 Nuclear Zero Lawsuits
Petition Be a Hero for Nuclear Zero Add Your Voice Nuclear weapons threaten everything we love and treasure in this world. To protect humanity s future, we support the courageous nation seeking to enforce the Nuclear Zero promise a world free of nuclear weapons. That is why we call upon the nuclear weapon nations to urgently fulfill their moral duty and legal obligation to begin negotiations for complete nuclear disarmament. Zero is the only safe number of nuclear weapons on the planet. This petition is available to sign online at www.nuclearzero.org. If you prefer to host a version of the petition yourself, please coordinate with Rick Wayman, NAPF Director of Programs, at rwayman@napf.org to ensure total signatures will be counted. 6 Nuclear Zero Lawsuits
Newsletter Article The Nuclear Zero Lawsuit: Unkept Promises On April 24, the Republic of the Marshall Islands (RMI) filed the Nuclear Zero Lawsuit in the International Court of Justice against all nine Nuclear Weapon States, as well as against the United States in U.S. Federal District Court. The RMI claims that the Nuclear Weapon States are in breach of Article VI of the Non-Proliferation 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. The RMI is seeking declaratory relief from the courts that will compel the leaders of the NWS to initiate goodfaith 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 strategists 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, the RMI argues, are bound to Article VI obligations under customary international law. The Plaintiff The RMI is a small sovereign nation, among the smallest nations 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. 7 Nuclear Zero Lawsuits
Press Release Contact: xxxxxxx Phone: xxxxxxx E-mail: xxxxxxx Republic of Marshall Islands Sues Nuclear Weapon States for Violation of Nuclear Non-Proliferation Treaty April 24, 2014 San Francisco, CA The Hague, Netherlands The Republic of the Marshall Islands (RMI) today filed an unprecedented lawsuit in the U.S. Federal District Court in San Francisco that seeks to hold the United States government accountable for flagrantly violating the nuclear Non-Proliferation Treaty (NPT). The small island nation contends that the U.S. has broken its promise to negotiate in good faith to pursue nuclear disarmament and end the nuclear arms race, as stipulated in Article VI of the NPT. The world is made a more dangerous place when countries like the United States fail to uphold important commitments and respect the law, said Archbishop Desmond Tutu, who is supporting the RMI in its lawsuit. President Obama has said that ridding the world of these devastating weapons is a fundamental moral issue of our time. It is time for the U.S. to show true leadership by honoring the Nonproliferation Treaty. Article VI of the NPT requires that the nuclear weapon states negotiate in good faith to end the nuclear arms race. Yet today, the U.S. continues to spend billions of dollars a year on upgrades and nuclear warhead development, a fact at the heart of the Marshall Islands case. The lawsuit filed today in U.S. Federal Court is accompanied by a related lawsuit brought in the International Court of Justice (ICJ) in The Hague against all nine nuclear weapon states: the U.S., Russia, U.K., France, China, India, Israel, Pakistan and North Korea. The four nuclear weapon states that are not party to the NPT (India, Israel, Pakistan and North Korea) are still subject to the provisions of Article VI of the NPT under customary international law, according to the complaints brought by the RMI. 8 Nuclear Zero Lawsuits
Important Notes About Media and Social Media Your Take on the Lawsuits We are providing sample press releases, social media posts, articles, etc. with the desire to avoid your having to reinvent the wheel. Please feel free to use any or all of the suggested content, and to modify it as you wish. We particularly encourage you to add quotes from your organization s director or members in the press releases and articles. Questions You Can t Answer? It s possible that journalists will contact you in response to your press release and ask you questions about the lawsuits that you don t know the answers to. The best thing to do in that situation is to tell them that you will get back to them ASAP with an answer. Then, call Rick Wayman, NAPF Director of Programs, at +1 805 696 5159 or e-mail rwayman@napf.org. Rick will either be able to answer your question or will work with you to figure out how to get the answer. 9 Nuclear Zero Lawsuits
Social Media Connect with us. Please join us on Facebook (facebook.com/wagingpeace) and Twitter (twitter.com/napf) and share, repost and retweet interesting content with your followers. You can also follow the conversation and engage with the hash tag #NuclearZero. Here are some sample social media posts for your convenience. Please feel free to use or modify these as you see fit, or simply re-tweet / share the content from the NAPF Twitter and Facebook pages. Twitter Today, a country filed a historic lawsuit against the 9 nuclear weapons states. Join them to demand #NuclearZero! www.nuclearzero.org When our leaders break international promises, it threatens the whole world. The #NuclearZero lawsuit holds them accountable. www.nuclearzero.org One island country is taking on the 9 nuclear weapons Goliaths for the future of our world. Stand with them. #NuclearZero www.nuclearzero.org World leaders threaten every man, woman and child by continuing to fund nuclear weapons. It s time for this to STOP. #NuclearZero www.nuclearzero.org You can be a hero for nuclear zero. Support the Marshall Islands as they take on the nuclear giants. #NuclearZero www.nuclearzero.org Someone has to hold the nuclear weapons countries accountable. Meet the small country doing just that. #NuclearZero www.nuclearzero.org Want to achieve #NuclearZero? We need you to act. Sign the White House petition and retweet this to your followers! www.nuclearzero.org 10 Nuclear Zero Lawsuits
Facebook These images, and many more, are available for you to view, download and use: www.wagingpeace.org/nuclearzero. You can also share images/content directly from the NAPF Facebook page (www.facebook.com/wagingpeace). Be a hero for nuclear zero. Sign the petition in support of the Marshall Islands lawsuit against the nuclear weapon states. www.nuclearzero.org Nuclear weapons threaten everything we love and treasure in this world. Zero is the only safe number. www.nuclearzero.org LAWSUITS The Republic of the Marshall Islands has filed landmark lawsuits against all nine countries that possess nuclear weapons. Support them and learn more at www.nuclearzero.org. 11 Nuclear Zero Lawsuits
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