Nuclear Zero Lawsuits

On April 24, 2014, the Republic of the Marshall Islands (RMI) filed lawsuits against all nine Nuclear Weapon States in the International Court of Justice and, separately, against the United States in U.S. Federal District Court. The Nuclear Age Peace Foundation served as a consultant to the RMI on these lawsuits, working closely with the Marshallese government and assembling the US legal team.

At the time of these lawsuits, the Nuclear Non-Proliferation Treaty (NPT) had been in force for over 44 years. The Nuclear Weapon States rely heavily on nuclear weapons and are engaging in modernization programs to keep their nuclear weapons active for decades to come, acting in violation of Article VI of the NPT, which calls for nuclear disarmament.

While the cases were ultimately dismissed by the International Court of Justice and the U.S. Ninth Circuit Court of Appeals, there remains much to be learned from the Marshall Islands’ courageous stance. The cases opened the door for a legal reckoning with the criminal history of the American nuclear testing program. Profiles of the courageous Marshallese people who have been fighting for a world free of nuclear weapons and all relevant court documents can be found below.

International Court of Justice Documents

Click the links below for PDF copies of the initial documents filed in each case before the International Court of Justice:

• RMI vs. The United States of America
• RMI vs. The Russian Federation
• RMI vs. The United Kingdom
• RMI vs. The French Republic
• RMI vs. People’s Republic of China
• RMI vs. The State of Israel
• RMI vs. The Republic of India
• RMI vs. Pakistan
• RMI vs. The Democratic People’s Republic of Korea

Three cases went forward at the International Court of Justice. You can find all subsequent documents for these cases at the following links on the ICJ website:

• United Kingdom
• Pakistan
• India

U.S. Federal District Court Documents

Click the links below for PDF copies of the official documents filed in U.S. Federal District Court:

• RMI vs. The United States of America
• Motion to Dismiss (filed by the United States on July 21, 2014)
• Opposition to the Motion to Dismiss (filed by the Marshall Islands on August 21, 2014)
• Amicus Curiae Brief (filed by Tri-Valley CAREs on August 21, 2014)
• Amicus Curiae Brief (filed by Nuclear Watch New Mexico on August 21, 2014)
• Amicus Curiae Brief (filed by Pax Christi International, Physicians for Social Responsibility and International Physicians for the Prevention of Nuclear War on August 21, 2014)
• Reply in Support of the Motion to Dismiss (filed by the United States on September 8, 2014)
• Order Granting the Motion to Dismiss by Judge Jeffrey White on February 3, 2015
• Notice of Appeal (filed by the Marshall Islands to the Ninth Circuit Court of Appeals on April 2, 2015)
• Mediation Questionnaire (filed by the Marshall Islands on April 9, 2015)
• Order of Non-Inclusion in Mediation (filed by the Ninth Circuit Court of Appeals on April 28, 2015)
• Appeal Brief (filed by the Marshall Islands to the Ninth Circuit Court of Appeals on July 13, 2015)
• Amicus Curiae Brief (filed by Tri-Valley CAREs on July 16, 2015)
• Amicus Curiae Letter (filed by Western States Legal Foundation and six U.S. mayors on July 17, 2015)
• Amicus Curiae Brief (filed by United Electrical, Radio and Machine Workers of America; International Commission for Labor Rights; and Labor and Employment Committee of the National Lawyers Guild on July 20, 2015)
• Amicus Curiae Brief (filed by Lawyers Committee on Nuclear Policy on July 20, 2015)
• Amicus Curiae Brief (filed by Physicians for Social Responsibility, International Physicians for the Prevention of Nuclear War and Pax Christi International on July 20, 2015)
• Amicus Curiae Brief (filed by Global Justice Center on July 20, 2015)
• Unopposed Motion for a 45-Day Extension to File Response Brief (filed by the United States on July 28, 2015)
• Amicus Curiae Brief (filed by Nuclear Watch New Mexico, Hans M. Kristensen, Dr. James E. Doyle, and Robert Alvarez on August 7, 2015)
• Unopposed Motion for 30-Day Extension to File Response Brief (filed by the United States on September 18, 2015)
• Amicus Letter of Support (filed by Campaign for Nuclear Disarmament on September 22, 2015)
• Amicus Letter of Support (filed by Mairead Maguire, Jody Williams and Shirin Ebadi [Nobel Peace Laureates] on September 22, 2015)
• Response Brief (filed by the United States on October 28, 2015)
• Amicus Letter of Support (filed by Veterans for Peace on November 3, 2015)
• Reply Brief (filed by the Republic of the Marshall Islands on December 15, 2015)
• Opinion (filed by the Ninth Circuit Court of Appeals on July 31, 2017)