Over the past few weeks, French elected officials have posed questions to the Minister of Foreign Affairs about the Nuclear Zero Lawsuits filed by the Marshall Islands in April 2014. France is one of nine countries being sued by the Marshall Islands for failure to negotiate for nuclear disarmament.
The three French politicians are all members of Parliamentarians for Nuclear Nonproliferation and Disarmament (PNND). PNND is a non-partisan forum for parliamentarians nationally and internationally to share resources and information, develop cooperative strategies and engage in nuclear nonproliferation and disarmament issues, initiatives and arenas.
For more information on the Nuclear Zero Lawsuits, visit www.nuclearzero.org.
Written Question 55528 (National Assembly)
Mme Danielle Auroi, Green Party
Original French Version
Question (published on May 13, 2014): Ms. Danielle Auroi asks for the attention of the Minister of Foreign Affairs and International Development on the case filed by the Republic of the Marshall Islands. This island nation served as a site of nuclear tests starting in the 1950s. Over a period of twelve years, 67 nuclear tests were carried out there by the United States. Many of the inhabitants of this archipelago still suffer from high levels of radiation. Rather than demand compensation, on April 24 2014 the Republic of the Marshall Islands chose to file a case in the International Court of Justice for “flagrant violations” of international law against the nine nuclear weapons states, including France. Notably, the Republic of the Marshall Islands accuses France of neglecting its nuclear disarmament obligations agreed to in 1992 by ratifying the Nuclear Non-Proliferation Treaty. Also, she asks how France will respond to these allegations and by extension how it plans to ensure compliance with its nuclear disarmament obligations, in accordance with Article VI of the NPT.
Answer (published on June 3, 2014): France has noted the request introduced by the Republic of the Marshall Islands before the International Court of Justice. It is currently examining the next steps to take. France is committed to the Nuclear Non-Proliferation Treaty, which is a fundamental instrument in collective security, and its Article VI on disarmament which it (France) fully complies with. It frequently presents in international gatherings the measures it has taken to carry it (the treaty) out effectively, unilaterally and in the framework of international treaties such as the Nuclear Test Ban Treaty which it (France) ratified. It has, for example, at the recent preparatory committee for the Examination Conference of 2015, made public a report published by the United Nations presenting in detail and full transparency its doctrine and its track record in nuclear disarmament. It will continue to do so at the next session of the UN General Assembly and, most certainly, at the NPT Examination Conference next year in New York. Acting on this track record, do note that France possesses today less than 300 nuclear warheads and no arms in reserve. This number translates into a very significant reduction of French forces due to the evolution of the strategic context. France has thereby diminished by half its arsenal in nearly 20 years. It is the first nation not only to cease producing fissile materials for its arms but also to dismantle its production installations. France sees the ban on fissile material production for arms as the next step in nuclear disarmament and has made ambitious proposals for the pursuit of nuclear disarmament at the international level in this vein.
Written Question 11666 (Senate)
M. Richard Tuheiava, Socialist Party
Original French Version
Question (published May 15, 2014): Mr. Richard Tuheiva asks for the attention of the Minister of Foreign Affairs and International Development on the legal case introduced by the Republic of the Marshall Islands against France before the International Court of Justice for “flagrant violations” of international law. On April 24 2014, the Republic of the Marshall Islands filed a case against the nine UN-member nuclear weapons states, including France, which possesses an arsenal of under 300 nuclear warheads. The government of the Republic of the Marshall Islands is thereby accusing France of not respecting its nuclear disarmament obligations, according to its 1992 promise made by ratifying the Nuclear Non-Proliferation Treaty, which, via Article 6, requires it to pursue in good faith negotiations on effective measures to cease the nuclear arms race at an early date and on nuclear disarmament, and on a treaty for general and total disarmament under strict and effective international control.” France has not respected this obligation and, as the judicial inquiry by the Marshal Islands makes clear, is tirelessly pursuing the modernization of its arsenal through nuclear simulation programs and M51 ballistic missiles. This modernization process goes against the spirit and the letter of the NPT. Upon examination of the introductory document to the case filed by the Republic of the MarshalI Islands, it appears that it does not seek financial compensation from these proceedings, but that it is asking the International Court of Justice to order France “to take all necessary measures to meet, within a year from the pronouncement of the judgment, the obligations due according to Article VI of the Nuclear Non-Proliferation Treaty and customary international law, among which are pursuing good faith negotiations, so as necessary in engaging them to conclude a convention on nuclear disarmament in all its aspects effected under strict and effective international control.” He asks therefore what judicial and diplomatic follow-up the Government plans to give before this accusation by the small Pacific state.
Answer (published June 26, 2014): France has noted the request introduced by the Republic of the Marshall Islands before the International Court of Justice. It is currently examining the next steps to take. France is committed to the Nuclear Non-Proliferation Treaty, which is a fundamental instrument in collective security, and its Article VI on disarmament which it (France) fully complies with. France has also subscribed to resolution 1887 of the Security Council made on September 24 2009, which commits “to work towards a world more secure for all and to create the conditions for a world without nuclear weapons, in accordance with the objectives stated in the NPT, in a manner that promotes international stability, and on the basis of the principal of security undiminished for all.” France contributed greatly to efforts in the domain of nuclear disarmament. It has taken unilateral decisions that led it, in nearly twenty years, to diminish its nuclear arsenal by half. It possesses today less than 300 nuclear warheads and has no arms in reserve. Furthermore, France was the first state not only to cease producing fissile materials for its arms, but also acted to irreversibly dismantle its production installations. In a multilateral framework, France signed the Complete Nuclear Test Ban Treaty and was among the very first states to ratify this treaty. In this framework, it put an end to nuclear tests and irreversibly dismantled its test center in the Pacific. Finally, it pleads tirelessly in international meetings for the quick starting of negotiation for a treaty banning the production of fissile materials for nuclear weapons, which represents the logical next step in nuclear disarmament. This treaty, which would quantitatively limit the development of nuclear weapons, would in effect complete the CTBT, which already imposes a qualitative limit to the development of nuclear arsenals. None of the programs that the France has put into action to guarantee the security, feasibility, and maintenance of the capacities of its nuclear weapons contradict its international obligations. France abstains from developing new types of arms, or assigning new missions to its nuclear arms.
Written Question 57699 (National Assembly)
M. Philippe Plisson, Socialist Party
Original French version
Question (published June 17, 2014): Mr. Philippe Plisson asks for the attention of the Minister of Foreign Affairs and International Development on the (legal) process set into motion by the Republic of the Marshall Islands against France in the International Court of Justice for “flagrant violations” of international law. On April 24 2014 the Republic of the Marshall Islands filed a case against the nine nuclear weapons states, including France, which possesses an arsenal of less than 300 nuclear warheads. The Republic of the Marshall Islands is accusing France of not respecting its nuclear disarmament as promised in 1992 by ratifying the Nuclear Non-Proliferation Treaty, which according to Article 6 commits “to pursue in good faith negotiations on effective measures to cease the nuclear arms race at an early date and on nuclear disarmament, and on a treaty for general and total disarmament under strict and effective international control.” France has not respected this obligation and, as the judicial inquiry by the Marshal Islands makes clear, is tirelessly pursuing the modernization of its arsenal through nuclear simulation programs and M51 ballistic missiles. This modernization process also goes against the spirit and the letter of the NPT. He asks what judicial and diplomatic follow-up France plans to do regarding this accusation.
Answer (published July 22, 2014): France has taken note of the request introduced by the Republic of the Marshall Islands before the International Court of Justice. It is currently examining the next steps to take. France is committed to the Nuclear Non-Proliferation Treaty, which is a fundamental instrument of collective security, and its Article VI on disarmament to which it (France) fully conforms. Furthermore, France subscribed to Resolution 1887 of the Security Council on September 24, 2009 which requires it “to work towards a world more secure for all and to create the conditions for a world without nuclear weapons, in accordance with the objectives stated in the NPT, in a manner that promotes international stability, and on the basis of the principal of security undiminished for all.” France has greatly contributed to efforts in the domain of nuclear disarmament. It made unilateral decisions that lead it, in nearly twenty years, to diminish its nuclear arsenal by half. Today France possesses less than 300 nuclear warheads and no weapons in reserve. In addition, France was the first state to not only cease production of fissile materials for nuclear arms but also to set about irreversibly dismantling its production installations. In a multilateral framework, France has signed the Complete Nuclear Test Ban Treaty (CTBT) and was among the very first states to ratify this treaty. In this framework, it has put an end to nuclear tests and irreversibly dismantled its test center in the Pacific. It pleads tirelessly in international meetings for the quick onset of the negotiation for a treaty banning the production of fissile materials for nuclear arms, which represents the next step in the matter of nuclear disarmament. This treaty, which would limit the quantitative development of nuclear arms, would in effect complete the CTBT, which already poses a qualitative limit on the development of nuclear arsenals. None of the programs that France is putting into action to guarantee the safety, the reliability and the maintenance of its nuclear arms contradicts its international obligations. France has abstained from developing new types of arms, or assigning new missions to its nuclear arms.
Translations to English by NAPF Intern Jeremie Robins.