CASE ANALYSIS ON MARSHALL ISLANDS v. INDIA

Abstract

On 24 April 2014, the Marshall Islands filed an application against India accusing the latter of not fulfilling its obligations relating to the cessation of the nuclear arms race at an early date and to nuclear disarmament. Government of Republic of Marshall Islands an application in the International Court of Justice (ICJ) instituting proceedings against India in which it claimed: Treaty on Non-Proliferation of Nuclear Weapons (NPT) applies to Article VI, whereby “the parties undertake to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control”. Though India was not a party to aforementioned treaty but it was argued from the other side that certain obligations laid down in the Treaty apply to all States as a matter of customary international law. India contended that it considers that the Court does not have jurisdiction in the alleged dispute. But the Court in an Order of 16th June 2014, found that it was necessary to resolve that question which should accordingly be separately determined before any proceedings on the merits. The Republic of Marshall islands accused India on the grounds that it carries nuclear arms which they believe is a “flagrant denial of human justice.” On the basis of India’s refusal to disarm, the island nation decided to take up the matter to the International Court of Justice (ICJ) in Hague, Netherlands. However, India countered that the claim is beyond the jurisdiction of the court.