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Former US Test Site Sues Nuclear Nations For Disarmament Failure

mdsolar (1045926) writes "The tiny Pacific republic of the Marshall Islands, scene of massive U.S. nuclear tests in the 1950s, sued the United States and eight other nuclear-armed countries on Thursday, accusing them of failing in their obligation to negotiate nuclear disarmament. The Pacific country accused all nine nuclear-armed states of 'flagrant violation of international law' for failing to pursue the negotiations required by the 1968 Nuclear Non-Proliferation Treaty. It filed one suit specifically directed against the United States, in the Federal District Court in San Francisco, while others against all nine countries were lodged at the International Court of Justice in The Hague, capital of the Netherlands, a statement from an anti-nuclear group backing the suits said. The action was supported by South African Nobel Prize winner Archbishop Desmond Tutu, the Nuclear Age Peace Foundation said."

29 of 165 comments (clear)

  1. Ukraine by EmperorArthur · · Score: 5, Insightful

    Yeah, Ukraine agreed to disarmament and look what happened. I'm willing to bet that if that country exists in two years we'll see them performing at least one nuclear test.

    They should have tried this after Fukushima, now it looks like any country that does disarm is just asking to be conquered.

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    So lets pretend that we've just completed writing this code, as opposed to having just completed sabotaging it -Altera
    1. Re:Ukraine by cold+fjord · · Score: 5, Informative

      If Ukraine does go nuclear again they will only be following Putin's advice.

      Is Ukraine about to go nuclear again?

      Ironically, the notion of reacquiring nuclear weapons as a security guarantee is a position publicly advocated by Putin himself: "If you cannot count on international law, then you must find other ways to ensure your security. ... This is logical: If you have the bomb, no one will touch

      Putin: Both causing and suggesting the solution to Ukraine's security problems. Thanks Vladimir Vladimirovich!

      And look! He's turning up the heat because in brinkmanship too much is never enough.

      Russia Threatens Invasion Unless Ukraine Stops Stopping Separatists

      Dutch scramble jets after Russian bombers approach

      The Dutch defense department says several NATO member countries scrambled jets Wednesday afternoon after a pair of Russian bomber planes approached their airspace over the North Sea.

      The Dutch ministry identified the planes as two Russian TU-95 Bears, and said it had launched two F-16s from Volkel air force base to intercept them. The Russian jets were escorted by aircraft from the Netherlands, Britain and Denmark until they departed.

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      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    2. Re:Ukraine by mysidia · · Score: 2

      Yeah, Ukraine agreed to disarmament and look what happened. I'm willing to bet that if that country exists in two years we'll see them performing at least one nuclear test.

      Perhaps... but the weapons they had access to that they gave up were strategic weapons developed in Russia.

      The Ukraine gov't themselves wouldn't have been able to build these. They would be starting from scratch, essentially, with no fissile materials.

      It wouldn't be hard for other countries to slow down any progress towards Ukraine getting the basic enriched uranium/plutonium materials to develop anything.

      They would need a deal with Iran, or something like that.

    3. Re:Ukraine by cold+fjord · · Score: 4, Interesting

      It looks to me like you've got that completely wrong, not the least of which is the strategic weapons Ukraine had were developed by the Soviet Union of which both Russia and Ukraine were a part. As to the rest ...

      Half of Ukraine's electricity is from nuclear power. That have 13 reactors now, and plan to add 11 more. Access to enriched nuclear materials isn't likely to be much of a problem.

      Ukraine's strange love for nuclear power

      Missile

      Ukraine is capable of producing advanced intercontinental range ballistic missiles, and its missile industry is second only to Russia's among the former Soviet republics. The linchpin of this industry is the former Yuzhnoye Scientific Production Association, arguably the preeminent intercontinental ballistic missile (ICBM) design and production facility in the Former Soviet Union, whose capabilities are matched only by a handful of U.S. and Russian missile enterprises.

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      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    4. Re:Ukraine by Cenan · · Score: 5, Informative

      Is Ukraine about to go nuclear again?

      Putin wanted Ukraine to build a nuclear arsenal, because he knew that they would have to buy back the ones they gifted Russian in order to do so. Ukraine does not have a nuclear weapons program and would be starting from scratch. So no, Ukraine is not about to "go nuclear".

      Russia Threatens Invasion Unless Ukraine Stops Stopping Separatists

      In other words: Military power threatens invasion based on made up issue. Gee, where have we heard that before? It sounds like something we've witnessed recently. Oh shocker! I turns out that is pretty much always the case when someone invades someone else. Putin lost the diplomacy battle and now he's doing what he does best, and what he really wanted to do all along.

      Dutch scramble jets after Russian bombers approach

      Russia sends bombers out all the time, allegedly to test "the enemy". The NATO air police missions in the Baltic regularly have to scramble against Russian aircraft. Of course, that doesn't make for much of a story, so I can see why a journalist would forget to ask how often something like that happens.

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      ... whatever ...
    5. Re:Ukraine by Anonymous Coward · · Score: 3, Insightful

      New Zealand relies on the kindness of others for its defense.

      You are utterly confused about who the real bullies in the world are. Why don't you look and see how China is threatening its neighbors and wants to take their territory? Why don't you look and see how Russia threatens its neighbors and takes territory? Both Russia and China threaten the use of nuclear weapons against their neighbors.

      Your claim about the US denying black people the right to vote is a load of crap. If you think that the US attacking Afghanistan for harboring al Qaida while it launched attacks on the US was illegitimate you are suffering from extreme moral confusion. If you think the US, UK, and the many other allies that drove Saddam's army from Kuwait in 1991 was spurious your are suffering from extreme moral confusion. If you think that holding Saddam to account was spurious you are badly confused.

    6. Re:Ukraine by cold+fjord · · Score: 2

      I doubt that either Ukraine or Russia foresees Ukraine buying back nuclear weapons from Russia to point back at Russia.

      Ukraine inherited significant portions of the Soviet ICMB design and manufacturing infrastructure. They almost certainly have the needed expertise to build nuclear weapons as well. Ukraine has a significant nuclear power infrastructure.

      After the fall of the Soviet Union Russia didn't send bombers to probe NATO and US defenses until the last few years. When and how that is done can also be a signal.

       

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    7. Re:Ukraine by Evtim · · Score: 3, Interesting

      And NATO does exactly the same. Both sides test the awareness of the others all the time. Such "accidents" happen tens of times per year...of course the public is ignorant and unwilling to educate themselves so it is easy to manipulate in this manner....

      The wackos are preparing for WWIII. It scares the hell out of me and don't you think for a second that there is a good guy in this mess. They are all guilty as sin – the Russians and the West.
      Do you know what actually happened? On a psychological/diplomatic/social level. The winners from the cold war turned out to be ungracious winners. Military doctrine states that after you win if you do not use your victory properly, if you overdo on punishing, pillaging and humiliating the losers, sooner or later they will rise aging and kick you. Germany after WWI anyone? Russia after the Cold war? First, the “sound financial advices” from the west almost destroyed Russia [don’t tell me you don’t know that IMF are the modern day slave-traders], the mafia gained the power, the military bases started cropping, the promise that NATO will not expand east was broken. What did you expect would happen after such humiliation and desperation? Naturally, a strong leader emerges [reinforced by historical tradition] that turns all the tables against the west and start solidifying the nation around anything, anything at all that is different from the western ideology.
      Very simple, but very notable example, just for illustration – the prevailing opinion in the east these days is that west is a bloated plutocracy populated chiefly with drug-users, pedos and gays [notice the lumping those people together in one group of “evils” – already the propaganda is apparent]. And the fact the west has all those evils is due to the very socio-economic system they live in so we should never, ever adapt it or even respect it – it only breeds “monsters”. And so on and so forth it goes.naturally similar stereotypes are propagandized in the west as well. So that when the bastards on the top make the wars they so much desire the people will support them since we are fighting sub-humans anyway
      Thus, in my opinion, anyone who expresses preference to either side in this conflict is supporting the devils themselves and acts against his/her own interest and the interest of the species.

      And BTW, admins, Amsterdam is the capital of the Netherlands.

    8. Re:Ukraine by Cenan · · Score: 2, Insightful

      I'm not taking sides, because I don't believe either side has a cause worthy of siding with. Whenever a leader of a nation decides that rolling out the guns is the correct cause of action, they automatically lose whatever credibility their stated cause might have had. Leaders acting like school children, but employing the resources of a nation, are pathetic. Resources, mind you, that were created by the people. Leaders, also created by the people, set in place to manage said resources, and they're now playing war? Fucking pathetic, fucking disgusting.

      That being said, my original comment was to provide some counter weights to cold fjord's one-sided propaganda spewing garbage. It's a kind of a tradition, he spews right wing nut-job garbage, /. reacts (well, it seems to be less and less, maybe he's being ignored by most by now?).

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      ... whatever ...
    9. Re:Ukraine by blackraven14250 · · Score: 2

      That wasn't the justification for the 1991 invasion, which was spurred by the Iraqi invasion and subsequent annexation of Kuwait; I hope you knew that. The more recent war was misguided in the absolute best case, and criminal at worst.

    10. Re:Ukraine by l0n3s0m3phr34k · · Score: 2

      I think they are referring to the Native American inhabitants, even though none of them had a coast-to-coast civilization, and never called themselves the US.

    11. Re:Ukraine by cavreader · · Score: 2

      Japan has already made changes to their pacifist constitution in order to provide their military with the legal means to expand it's military doctrine. They still rely 100% on the US protection but they are starting to hedge their bets and the US has no problems with Japan ramping up it's military capabilities.

    12. Re:Ukraine by _Shad0w_ · · Score: 2

      Odd that. US has no problems with anyone they can call an ally beefing up their military. They complain when we talk about reducing ours (not that I mind - I work for a company that counts the MOD as one of its major clients).

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      Yeah, I had a sig once; I got bored of it.

  2. Good luck with that by Tailhook · · Score: 3, Funny

    Bye bye boys!
    Have fun storming the castle.
    (think it'll work?)
    (it would take a miracle...)
    Bye Byyyye

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    Maw! Fire up the karma burner!
  3. Good for them! by Arker · · Score: 5, Interesting

    'The Nuclear Age Peace Foundation said the five original nuclear weapons states - The United States, Russia, Britain, France and China - were all parties to the NPT, while the others - Israel, India, Pakistan and North Korea - were "bound by these nuclear disarmament provisions under customary international law."'

    It's an excellent point though not a new one. One that is often studiously ignored by the media, so it's good to see it getting a little press. The terms of the NPT are pretty clear, and while they are unfortunately not operational and thus subject to all the normal lawyer tricks... the fact is every signatory has been pretty blatantly violating it almost from the moment of signing. No one has been negotiating in good faith towards eliminating nukes even after being maneuvered into solemnly agreeing on the record to do so.

    The mainstream media outlets are always happy to press this case on North Korea. They have ratchetted back and forth a bit over Russia and China, but always at least hostile. Yet how often do they say anything about the other members of this 'club?'

    And just how do these nuclear signatories of the NPT expect to have credibility in pushing non-signatory states to accept being bound to it by custom despite having deliberately declined to sign, when they themselves flaunt its obligations?

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    Friends don't let friends enable ecmascript.
  4. Re:Pointless by mysidia · · Score: 5, Funny

    The Islands depend on US aid so this is biting the hand that feeds them.

    However... the US respects the law and the treaties they sign.

    If there is a legal dispute and they want to take the US to court, then let them take the US to court.

    As for whether the US government will abide by any ruling of the court... probably not, due to lack of jurisdiction.

  5. The Hague is not the capital of the Netherlands by Anonymous Coward · · Score: 2, Informative

    By the way, The Hague is not the capital of the Netherlands, although it is where the pairlement is seated.

  6. The Hague, Capital of the Netherlands by freakingme · · Score: 3, Informative

    According to the Dutch constitution Amsterdam is the capital of the Netherlands, although the parliament and the Dutch government have been situated in The Hague since 1588, along with the Supreme Court and the Council of State.[1][2]

    Wikipedia: http://en.wikipedia.org/wiki/C...

    1. Re:The Hague, Capital of the Netherlands by captainpanic · · Score: 3, Funny

      Yeah, yeah... tl;dr. Not interesting if you're living in New York, capital of the USA.

  7. Funny thing by sjames · · Score: 4, Insightful

    When it comes to things like free trade, our fearless leaders squawk about how their hands are tied because treaties. But here we have a treaty that they have managed to start ignoring completely before the ink even dried, and then for more than 40 years.

    1. Re:Funny thing by Gavagai80 · · Score: 3, Informative

      When it comes to trade, the WTO has leverage and has successful punished the USA for violations. Nobody has any leverage to enforce the NPT.

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  8. I've heard of "suing for peace"... by SeaFox · · Score: 4, Funny

    but this isn't quite how it works.

  9. Re:Pointless by sexconker · · Score: 3, Insightful

    the US respects the law and the treaties they sign

    Mod +500 Funny

  10. Re:Pointless by erikkemperman · · Score: 5, Informative

    However... the US respects the law and the treaties they sign.

    If there is a legal dispute and they want to take the US to court, then let them take the US to court.

    Actually, I suspect the reason they filed a separate suit for the US is probably that the States unilaterally withdrew from jurisdiction of the International Court of Justice. This is because they were upset of having been found guilty by that court of violating many international laws in a case brought to the ICJ by Nicaragua.

    And, more recently, the US even threatened with military action against The Netherlands if the ICJ were ever to consider cases against US military personnel. This became affectionately known as the The Hague Invasion Act, no less.

    So no -- the US does not always respect the treaties they sign. See also: Geneva Convention.

    --
    Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
  11. Re:Pointless by osu-neko · · Score: 5, Informative

    If someone burned down Congress today, half the country would be cheering...

    But yes. It's quite amusing what they teach American kids about the War of 1812.

    When they started negotiating the treaty to end the war, the British, having won it (Canadian troops did much of the winning, but they were still part of the Empire back then), started by demanding territorial concessions, as is the usual case when winning a war. The Americans asserted that the British couldn't hold the territory they'd taken and refused to give it up, and the British were tired of fighting several wars at once (they were busy fighting Napoleon for most of the war and didn't devote much effort to the minor sideshow that was the war with the USA) so they gave in and agreed to simply return to status quo ante bellum, i.e. the state of affairs before the war began. Some would try to spin that as a "draw", but the British were fine with the state of affairs before the war, it was the US that declared the war in the first place, claiming that the state of affairs prior to the war were intolerable. Although no territory was lost, it was, in fact, a unequivocal defeat for the US. However, several of the reasons the US declared war to begin with were over measures the British were using to fight Napoleon. With Napoleon defeated, those measures came to an end (not because the British gave in, they continued to assert they had the right to do as they did -- they just had no more need to continue doing them). That plus some battlefield victories that occurred after the war was over but before news reached America of the signing of the peace treaty enabled the politicians in Washington to spin the defeat into an illusion of victory, and to this day, you will find many Americans who think they never lost a war before Vietnam, that we actually achieved our objectives in the War of 1812, and that the major victories weren't pointlessly fought after the war was already over but news hadn't reached us yet. Some of this comes from a slanted and incomplete way the story is taught in American classrooms, and some from flat-out misinformation. But in any case, don't be surprised if most Americans are completely incredulous when you try to remind us of the fact that we actually fought a war with the Canadians once... and they kicked our asses.

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    "Convictions are more dangerous enemies of truth than lies."
  12. One Big Problem by cirby · · Score: 5, Insightful

    "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."

    Note that this part of the Treaty does NOT say that they have to continually pursue negotiations until the end of time. All they had to do was pursue negotiations ONCE in order to fulfill the Treaty.

    There were regular nuclear disarmament negotiations during the 1970s and 1980s - right up until the point where one of the participants in the NNPT effectively disbanded.

  13. ANZAC day by Anonymous Coward · · Score: 4, Informative

    "New Zealand relies on the kindness of others for its defense."

    NZ has fought in other peoples wars for a long time (like 99 years exactly April 25th is the 99th anniversary of the Gallipoli landings)
    My grandfather fought in the 1st World War middle east (NZ mounted rifles)

    Other wars we fought include WWII, Korea and Vietnam
    in the 1st gulf war we sent mostly medical personel and transport planes.
    Our SAS was invloved in the early stages of the Afghanistan conflict just after 9/11
    And we helped the Aussies in East Timor (of course you probably never heard of that conflict)
    Its true that we didn't join in the 2003 Bush war in Iraq, but not many others did either.

    The fact that we were kicked out of ANZUS because we wouldn't allow nuclear powered and armed ships and boats in our harbours is not our fault - there are many otther places in the world that don't let nukes in.)

    But mostly NZ relies on the distance across the Pacific.
    Only one country has attacked us in the last 4 decades, and that was France.

  14. Re:Pointless by fondacio · · Score: 3, Interesting

    You're confusing courts here. The Hague Invasion Act is directed against the International Criminal Court (ICC), which was only established in the late 1990s to try individuals charged with genocide, crimes against humanity and/or war crimes. The ICJ has been in existence since 1946 (and has a predecessor, the PCIJ or Permanent Court of International Justice set up under the League of Nations) and only tries inter-state cases, like the one you mentioned by Nicaragua in the 1980s.

  15. Re:Pointless by Elky+Elk · · Score: 2, Insightful

    The battle of New Orleans was after the peace treaty was signed. Britain wasn't trying to reconqueror the colonies, it was trying to stop its Candian provinces from being conquered by an aggressive expansionist empire while at the same time trying to win a world war against a genocidal miltary despot. I think it suceeded quite well.