ICJ Rejects Jurisdiction in Marshall Islands Nuclear Disarmament Cases (October 5, 2016). [1]
On October 5, 2016, the International Court of Justice ruled that it did not have jurisdiction over three separate but substantively similar cases between the Marshall Islands and India [3], Pakistan [4], and the U.K. [5] According to the press releases for the rulings for India [6], Pakistan [7], and the U.K. [8], the Court found that no dispute existed between the parties and that it subsequently could not proceed to the merits of the case. The cases were based on the alleged failure of the latter three countries to fulfil obligations concerning negotiations relating to the cessation of the nuclear arms race and to their nuclear disarmament. While the Marshall Islands alleged a dispute did exist based on statements it made in multilateral fora, the application of the parties to the Court, the conduct of the respondent countries, and the voting record of the U.K., the Court rejected each line of argumentation. Based on this ruling, the Court determined that there was “no need to consider the other objections raised” by the respondent countries.