The Nuclear Zero Lawsuits

Nuclear Zero

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.

At the time of these lawsuits, the Non-Proliferation Treaty had been in force for over 44 years. The Nuclear Weapon States continue to rely heavily on nuclear weapons and are engaging in modernization programs to keep their nuclear weapons active for decades to come.

We share the Marshall Islands’ belief that the time has come for the Nuclear Weapon States to be held accountable for their inaction.

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. 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)