Epic nuclear case: Island nation takes on India, Pak, Britain

October 5, 2016

Majuro/Marshall Islands, Oct 5: As the Marshall Islands awaits an international court ruling on Wednesday on whether its lawsuit against three nuclear powers can proceed, many in the western Pacific nation question the merit of the David-versus-Goliath legal battle.

hydrogenThe country of 55,000 people is taking on India, Pakistan and Britain in the International Court of Justice (ICJ), arguing they have failed to comply with the 1968 nuclear Non-Proliferation Treaty.

Initially the lawsuit was even more ambitious — also including China, France, Israel, North Korea, Russia and the United States — none of which recognised the ICJ's jurisdiction on the matter.

The Marshalls has a long, bitter history with nuclear weapons, making it one of the few nations that can argue with credibility before the ICJ about their impact.

The island nation was ground zero for 67 American nuclear weapons tests from 1946-58 at Bikini and Enewetak atolls, when it was under US administration.

The tests included the 1954 "Bravo" hydrogen bomb, the most powerful ever detonated by the United States, about 1,000 times bigger than the atomic bomb dropped on Hiroshima.

They fed into an apocalyptic zeitgeist in Cold War popular culture, giving a name to the bikini swimsuit and leading to the development of Japan's Godzilla movie monster.

In "Godzilla", the creature is awakened by a hydrogen bomb test, rising from a roiling sea to destroy Tokyo, in a walking, radiation-breathing analogy for nuclear disaster.

'Sky turned blood red'

On the Marshall Islands, the impacts of the nuclear tests were all too real.

Numerous islanders were forcibly evacuated from ancestral lands and resettled, while thousands more were exposed to radioactive fallout.

"Several islands in my country were vaporised and others are estimated to remain uninhabitable for thousands of years," Tony deBrum, a former Marshall Islands foreign minister, told an ICJ hearing earlier this year.

He recalled witnessing the Bravo test as a nine-year-old while fishing with his grandfather in an atoll, some 200 kilometres (125 miles) from the blast's epicentre.

"The entire sky turned blood red," he said. "Many died, or suffered birth defects never before seen and cancers as a result of contamination."

DeBrum launched the Marshall's ICJ action in 2014 with cooperation from the California-based Nuclear Age Peace Foundation.

His actions prompted the International Peace Bureau to nominate him in January for the 2016 Nobel Peace Prize, which is yet to be awarded.

Yet critics argue the ICJ action is a distraction and the islanders' real fight is with Washington, which carried out the tests in their backyard.

They contend the case has no relationship to victims' claims for increased compensation, better health care and clean-ups to make sites habitable again.

Official criticism has been muted recently to avoid undermining deBrum's Nobel nomination.

But his successor as foreign minister, John Silk, made his views clear before an election last November when voters ousted 40 percent of the parliament, including deBrum.

Labelling the action "unauthorised" and "a publicity stunt", he said the focus should remain on petitioning the US Congress for increased compensation.

"What do these lawsuits have to do with resolving the legacy of the US nuclear testing programme?" he asked.

The Nuclear Age Peace Foundation argues that the Marshalls is taking a broader perspective in trying to re-start nuclear disarmament talks that have stalled over the past 20 years.

"The Republic of the Marshall Islands acts for the seven billion of us who live on this planet to end the nuclear weapons threat hanging over all humanity," its website says.

"Everyone has a stake in this."

The ICJ, the UN's top court, will decide on Wednesday whether it believes the case should go to a full hearing.

Comments

Ashwin
 - 
Wednesday, 5 Oct 2016

Haha. CD u are very slow. The UN Court has already rejected nuclear case against India. But you are very quick to post something about BJP

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July 2,2020

Geneva, Jul 2: The World Health Organization (WHO) has estimated the overall number of coronavirus cases globally at 10,357,662, with 508,055 people having died from the disease.

The UN health agency said in the situation report published on late Wednesday that 163,939 new cases had been recorded in the past day, while further 4,188 patients had died.

Americas continue to lead the count with over 5.2 million cases, followed by Europe with more than 2.7 million.

The WHO declared the COVID-19 outbreak a pandemic on March 11.

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April 12,2020

Apr 12: Pope Francis called on Sunday for an "immediate" ceasefire in global conflict and urged European nations to show "solidarity" in the face of a coronavirus pandemic that has claimed more than 109,000 lives worldwide.

"May Christ our peace enlighten all who have responsibility in conflicts, that they may have the courage to support the appeal for an immediate global ceasefire in all corners of the world," the pope said in a livestreamed Easter message.

Francis added that it was time for Europe, which he described as his "beloved continent", to "rise again, thanks to a concrete spirit of solidarity" similar to that shown after World War II.

Christians around the world are marking a solitary Easter, forced to celebrate the most joyful day in the Christian calendar largely alone amid the sorrowful reminders of the devastation wrought by the coronavirus pandemic

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Agencies
February 12,2020

London, Feb 12: Fugitive liquor baron Vijay Mallya returned to the courtroom here on Wednesday, the second day of hearing at the UK High Court, where the former billionaire has appealed against the extradition decision of Westminster Magistrates Court in December 2018.

On being asked about his expectations from the lengthy appeals process against the extradition order as today is the last day for Mallya to present his defence, the embattled former Kingfisher Airlines boss replied, "I have no clue. You see. I'll also see it. Let's not get into a speculative game."

When asked on what would happen if Mallya loses the case and has to return to India, the liquor baron responded: "We do have arguments."

The UK High Court, on Tuesday, had also heard Mallya's appeal against the Westminster Magistrates' Court order extraditing him to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crore.

Mallya was present in the court along with his counsel Clare Montgomery during the hearing. Officials from Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) along with counsel Mark Summers representing the Indian government were also present.

When the judge asked if there was a timeline in the case, Clare said," This is a very dense case," involving multiple individuals and organisations and that not everything had been taken into account by the magistrate Emma Arbuthnot in her ruling against Mallya.

Montgomery contended that the magistrate's ruling had been riddled with "multiple errors". She also brought into question the admissibility of documents submitted by the Indian government - including witness statements and emails that proved crucial in the ruling by judge Arbuthnot, who found "clear evidence of misapplication of loan funds" and that there was a prima facie case of fraud against Mallya.

As she had done throughout the trial, Montgomery continued to assert that Mallya had not acted in a fraudulent manner or run a pyramid and that the collapse of Kingfisher Airlines was, in fact, the failure of a business in difficult economic circumstances.

She also reiterated concerns about the conduct of the Central Bureau of Investigation (CBI) in bringing charges against Mallya, claiming that the tycoon had been made a scapegoat.

Montgomery also stated that the Indian government had presented the loan taken out by Kingfisher Airlines, not as a simple business loan but was part of a larger and elaborate attempt at defrauding the banks by Mallya and Kingfisher Airlines management.

This, Montgomery contended, was but one example of a wider misinterpretation of the case by judge Arbuthnot.

The High Court justices reprimanded Montgomery for concentrating on the evidence - in essence rehashing the case presented at the lower court - rather than the apparent "mistakes" made by judge Arbuthnot in her ruling.

Mallya remains on bail of £650,000 as he has done throughout this legal process.

The Crown Prosecution Service which is representing the Government of India will present its case for the extradition of Mallya on Wednesday.

The 63-year-old businessman fled India in March 2016 and has been living in the UK since then.

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