Nuclear Testing and International Law
The legal history of nuclear testing moves from attempts to stop atmospheric tests to questions of sovereignty, disarmament, human rights, compensation and repair.
The Nuclear Tests cases
Australia and New Zealand brought France before the ICJ in 1973. The Court ordered provisional measures, but in 1974 held that the cases no longer had an object after France announced the end of atmospheric testing.
Australia v France — ICJ case materials
Australia — written proceedings and Memorial
New Zealand v France — ICJ case materials
New Zealand — written proceedings and Memorial
Fiji — application to intervene
The return to the Court: 1995
When France announced further underground tests, New Zealand returned to the Court. Pacific states sought to place environmental risk and radioactive contamination before the ICJ.
New Zealand’s 1995 Request for an Examination of the Situation
Pacific applications for intervention
Rainbow Warrior
The 1985 sinking of the Greenpeace vessel in Auckland produced an international dispute over sovereignty, state responsibility, breach and reparation.
UN Secretary-General’s 1986 ruling and related materials
Rainbow Warrior Arbitration — Award of 30 April 1990
New Zealand–France settlement agreements
Nuclear weapons before the ICJ
The 1996 advisory opinion brought together humanitarian law, environmental considerations and nuclear disarmament.
Legality of the Threat or Use of Nuclear Weapons — case materials
Advisory Opinion of 8 July 1996
The Marshall Islands and disarmament
In 2014 the Marshall Islands brought proceedings against nuclear-armed states, shifting the perspective toward a place where nuclear weapons had actually been tested.
Marshall Islands v United Kingdom — ICJ materials
Marshall Islands Memorial and written proceedings
Human rights, compensation and repair
Later materials ask what states owe after testing: effective remedies, health protection, environmental rehabilitation, compensation and victim assistance.
UN Special Rapporteur — Marshall Islands and United States
Loi Morin — compensation for victims of French nuclear tests
Comprehensive Nuclear-Test-Ban Treaty
TPNW Article 6 — Victim Assistance and Environmental Remediation