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Nuclear Weapons and Participatory Government

By David Gallup

In the previous edition of World Citizen News, we examined the World Health Organization's and the United Nations member-states' arguments before the International Court of Justice on the legality of nuclear weapons. As we go to press, the Court has yet to hand down its ruling but is expected to do so this spring. In this column, we will consider the nuclear powers' continued testing of weapons of mass destruction as well as the efforts of individuals and non-governmental organizations to halt these tests and to promote participatory governance.

China and France: Nuclear Scofflaws

Despite the public attention now being focused on the question of nuclear weapons' legality, two U.N. member-states and permanent Security Council members, China and France, continue testing their nuclear armaments. France has an especially direct motive for asserting the legality of nuclear weapons since it is currently exploding them in tests at Mururoa in the South Pacific.

Perrin de Brichambaut, the French representative at the International Court of Justice (ICJ) hearings, said, "Recourse to nuclear weapons is authorized in cases of the exercise of the natural right to individual or collective legitimate defense." He was referring to Article 51 of the U.N. Charter which states, "Nothing in this Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations. . . . " Brichambaut claims that the Charter does not prohibit nuclear weapons nor even define the methods that can be used in self-defense.

But it is irrelevant whether the Charter explicitly uses the term "nuclear." More important is the Charter's unambiguous stipulation that "all member-states shall promote the universal respect for, and observance of, human rights and fundamental freedoms." The Universal Declaration of Human Rights affirms that "everyone has the right to life, liberty and security of person," which nuclear weapons destroy.

Australia, New Zealand, Japan, Chile and other non-nuclear nations have been preparing a U.N. General Assembly resolution to demand that France cease its weapons testing. But even if this resolution is passed, it may not have much effect in light of the ICJ's denial last September of New Zealand's request for an injunction halting French nuclear tests.

Although more than 100 national governments have promised never to possess nuclear weapons, a Comprehensive Test Ban Treaty will not leave the negotiating table as long as the nuclear powers have no incentive to eliminate their weapons. One of the main reasons that nuclear weapons have not been banned along with biological and chemical weapons is because the U.S., China, France and the other permanent Security Council members support the mistaken notion of nuclear deterrence. Furthermore, these governments have a vast economic investment in perpetuating the arms race as a springboard for expansion of their gross national products.

At first glance, the United States government appears to be in a position to persuade the Chinese government to cease nuclear testing through the "most-favored nation" trading status that the U.S. extends to China. However, Washington cannot afford to implement trade sanctions against Beijing. Furthermore, the U.S. government, as the main nuclear threat in the world, cannot credibly admonish other national governments for their nuclear forays.

Nationalistic hypocrisy abounds on the subject of nuclear weapons. Take, for example, the following statement by China's foreign ministry, as quoted in The Electronic Telegraph: "Its possession of a small number of nuclear weapons is solely for the purpose of self-defense and poses no threat to any other country. China stands for the complete prohibition and thorough destruction of nuclear weapons."

Because national governments cannot create the requisite laws to protect the world, the world's people have to speak out. Outrage and calls for change have to come from people living in France and China, with the encouragement of grassroots movements throughout the world. Human beings, themselves, must make new law or enforce existing human rights standards.

NGOs and Individual Action

The efforts to curtail testing by China and France and to outlaw nuclear weapons altogether have raised general awareness of people's ability to participate in global affairs.

Non-governmental organizations such as Greenpeace and Peace Action have provided forums for individuals to participate in the functioning of governments at the international level, if not the global level.

One of Greenpeace's political tactics is to station its ships inside or just outside the range of nuclear tests. Another tactic was for Greenpeace activists to present President Jacques Chirac with seven million petition signatures opposing the French tests.

Greenpeace also sponsors an "Electronic Anti-Testing Petition" that individuals may sign over the Internet. Similarly, a polling organization called CyberPages International electronically conducts an opinion survey on the French nuclear testing. This poll, which got underway last July, has so far received 3500 responses from individuals throughout the world. Almost 90 percent oppose the French testing.

In another innovative action, the Japanese Consumers' Cooperative Union and other organizations recently presented the ICJ with three million Declarations of Public Conscience. Each states, "It is my belief that nuclear weapons are immoral. I wish the World Court to know about my belief." According to a clause in the 1907 Hague Convention, the ICJ must consider the "dictates of public conscience" when adjudicating the legal status of any weapon.

Some organizations, including the Institute for Energy and Environmental Research, are meanwhile taking part in governance frameworks by providing "the public and policy makers with sound scientific information." In its newsletter, Science for Democratic Action, the Institute quotes Albert Einstein on the importance of public awareness: "We scientists recognize our inescapable responsibility to carry to our fellow citizens an understanding of the simple facts of atomic energy and its implications for society. In this lies our only security and our only hope-we believe that an informed citizenry will act for life and not death."

Organizations such as Peace Action have enjoined their members to boycott French products and services.

Peace Action is also one of the more than 1000 citizen organizations worldwide that have joined to form an "Abolition Caucus." The goal of their "Abolition Treaty 2000 Campaign" is "to generate enough grassroots pressure on governments to force them to initiate and complete negotiations for a treaty to abolish nuclear weapons by the year 2000."

These grassroots actions are meant to challenge even those most deeply entrenched in the nuclear status quo. For example, if the ICJ does provide an advisory opinion that delegitimizes nuclear weapons, national soldiers might begin to challenge the orders of their superiors-like the U.S. officer in Haiti who took it upon himself to verify human rights abuses in a government prison. Soldiers who maintain the warhead silos and those serving on nuclear-armed submarines might become aware of their role in perpetuating violations of human rights and international law. They might then suggest to their commanders that maintaining these weapons violates laws of war-laws which the military are commanded to know. Or they may choose (or be forced) to leave the military. It may take a group of courageous individuals to denounce violence and nuclear weapons before world law can replace nationalistic disorder.

How can people affect change in their governmental leaders' attitudes when the mainstream U.S. media have ignored the proceedings before the ICJ? New York Times, for example, did not publish any reports on the hearings until five days after the hearings had ended.

We can no longer simply appeal to the nation-states' court (the ICJ); nor can people expect that their declarations of conscience will be heeded by the nuclear states. We must create humanity's court to prosecute leaders whose governments continue to build, test and stockpile nuclear weapons. We cannot just say that nuclear weapons are immoral. We, humans, make the law-so we must unequivocally declare that nuclear weapons are illegal.

We must raise even further the level of individual and group participation in government if we intend to halt nations' economic and psychological investment in nuclear weapons.

Non-governmental organizations (NGOs) must nurture their governmental functions. The "non" in NGO should be replaced with the word "new" because NGOs are a new form of suffrage.

NGOs are a tool for individuals to build political constituencies and to participate in changing how they govern themselves. These new governing structures, such as "cyberspace voting," will replace the outmoded nationalistic framework. Localized and centralized forums of political exchange will be crucial in the human effort to foster cultural diversity while maintaining ordered and sustainable ecological and political environments at the world level.

In the 21st century, law and power will be both individualized and globalized. Information and legal procedures currently monopolized by lawyers will become accessible to all humans through communication, education and research technologies. Utilizing these technologies, humans will, for the first time, be able to participate in the evolution of world law. And when all of us are able to take part in its development, world law will have the mandate of humanity as a whole.

With only four years remaining before the next century, we must embrace our individual power by participating in new forms of self-government. Let us not fail to fulfill this particular New Year's resolution: to act now to usher in a third millennium of peace based on world law and world government linked to self-expression and personal responsibility.

David Gallup is the General Counsel of the World Service Authority.


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