The Marshall Islands, Nuclear Testing, and the NPT
Lasrick writes: Robert Alvarez, a senior scholar at the Institute for Policy Studies and a former senior policy adviser to the Energy Department's secretary and deputy assistant secretary for national security and the environment, details the horrific consequences of nuclear weapons testing in the Marshall Islands and explains the lawsuits the Marshallese have filed against the nuclear weapons states. The lawsuits hope to close the huge loophole those states carved for themselves with the vague wording of Article VI of the NPT (Nuclear Non-proliferation Treaty), wording that allows those states to delay, seemingly indefinitely, implementing the disarmament they agreed to when they signed the treaty.
As horrible as nuclear weapons are, and as ideal as a world without them would be, this is wishful thinking at its best. The level of trust and cooperation required for everyone to give up nuclear weapons is in large part simply impossible given the current state of human and world affairs. We've certainly not managed to eliminate war or armed conflict. All we've done is limit its scope and size.
And speaking of that, it's in large part due to nuclear weapons that there have been no major wars in the past 70 years. The most we've seen were proxy wars that were limited in scope, and while many of those were horrible, they pale in comparison to the two World Wars, or really any of the major power conflicts that preceded them. The world with nuclear-armed major powers is paradoxically MORE peaceful than the world before it was. Prior to the nuclear age, it's difficult to go more than 20-30 years without two or more major powers going to war. The presence of nuclear weapons was the final thing that made "Total War" too costly a concept for rational actors to even consider it.
Reduce their number and scope? Sure, by all means. Get rid of them entirely? That's quite a different thing.
The ethics of nations maintaining nuclear arsenals is a debate not likely to be resolved soon. However, the nasty things our defense research scientists did to the people living on the Marshall Islands is hopefully something everyone could agree is not OK.
There hasn't been another world war since major states nuked up, so I'd prefer everyone stayed armed, thank you very much.
So we've entered the endless small war phase. BFD.
The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
This lawsuit is a legal mess, destined to fail. In fact, it already did fail and they're just trying futilely to revive it. All applicable statutes of limitations passed years ago. You can't wait decades to file a lawsuit. Equally as importantly, "The Marshall Islands" as a political subdivision does not have standing to sue for injuries that occurred to specific people and property there. Those people and property owners would have to sue, not their regional government. Finally, the decisions which were made and the actions taken were political decisions made by the United States in exercise of its sovereign authority - and you can't sue for that. It seems that the plaintiffs know this, which is why they are now trying to frame the lawsuit as a claim to enforce the NPT. The problem with that is, yet again, a lack of standing on several levels, and an inaccurate interpretation of the treaty itself. First, there is no cause of action through which any individual or entity can force the government to comply with or enforce a treaty. International relations are solely the sovereign domain of the federal government, and they can decide to abide by (or disregard) treaties as our elected officials see fit. Second, the treaty is not being violated. It does not require disarmament, nor is there a mandatory timeline for any particular disarmament-related activity. It says the signatories will negotiate towards an agreement regarding disarmament. That's not an enforceable mandate in any meaningful sense. Why? Because the signatories never actually had any intention of disarming, so they made an agreement that didn't require them to disarm. A third party can't come in and force them to abide by a deal they didn't make in the first place. Look, the Marshallese got screwed. There was a discriminatory component to that. It wouldn't happen the same way today. But the bottom line is that we needed a place to test weapons of mass destruction, and the Marshall Islands were the best choice available. So the US did what they had to do to make the program work. They should have provided market-based compensation for the taking of land, and they should have relocated everyone out of the zone of danger, turning the entire area into a restricted military installation before blowing it up repeatedly. There should have been no injuries and no uncompensated loss of property. But the reasonable conclusion to take away from those events is not that nuclear weapons should be eliminated, or that the tests shouldn't have been conducted at that location. They served a critical purpose for national security, and anyone who says otherwise is a revisionist with an agenda.
I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.