Lok Sabha Question No. 3108 (UNSTARRED), answered on 2016-03-16
Subject: Lawsuit by Marshall Islands
Ministry: EXTERNAL AFFAIRS
Asked by: ELUMALAI VELLAIGOUNDER

## GOVERNMENT OF INDIA

## MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.3108 TO BE ANSWERED ON 16.03.2016

## LAWSUIT BY MARSHALL ISLANDS

## 3108. SHRI V. ELUMALAI:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) the present status of the lawsuit filed by Marshall Islands at the International Court of Justice against several countries including India; and
- (b)     the reaction of the Government thereto ?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS [GEN. (DR) V. K. SINGH (RETD)]

- (a) On  24  April  2014,  the  Republic  of  the  Marshall  Islands  (RMI)  instituted proceedings at the International Court of Justice (ICJ) against all nuclear weapon states,  including  India,  citing  inter-alia  breach  of  obligations  under  customary international law and Article VI of the Nuclear Non Proliferation Treaty  (NPT) for failure to pursue in good faith, and bring to a conclusion, negotiations leading to nuclear  disarmament  in  all  its  aspects  under  strict  and  effective  international control. In view of objections raised by India on the jurisdiction of the ICJ in the matter, the Court by its Order dated 16 June 2014 decided that it is necessary to first of all resolve the question of the Court's jurisdiction and that accordingly this question should be separately determined before any proceedings on the merits. Subsequently,  RMI  submitted  its  memorandum  and  India  submitted  its  Counter within the time lines specified by the Court. Government of India is engaged in the Oral proceedings on the issue of jurisdiction that commenced at The Hague, the seat of the ICJ, on 7 March 2016.
- (b) India's  objection  to  the  jurisdiction  of  the  Court  is  based  broadly  on  the argument  that  there  is  no  dispute  between  the  Parties  given  India's  consistent stand  on  nuclear  disarmament  that  is  similar  to  the  relief  being  sought  by  RMI. India is committed to global, non-discriminatory and verifiable nuclear disarmament  and  supports  the  commencement  of  multilateral  negotiations  on nuclear  disarmament  in  the  Conference  on  Disarmament  in  Geneva.    India  has argued  that  the  international  legislative  function  demanded  of  the  Court  by  RMI goes  well  beyond  its  jurisdiction  and  is  strictly  the  preserve  of  the intergovernmental  forums  of  the  UN.    However,  if  the  Court  were  to  exercise jurisdiction  in  the  matter,  the  presence  of  all  the  States  possessing  nuclear weapons before the Court is necessary otherwise any Judgment rendered in these conditions would be devoid of any concrete practical effect since judgment of the court is binding only on the concerned Parties to the dispute; and complete nuclear disarmament  can  be  achieved  only  if  all  the  States  agree,  especially  nuclear weapon states. India has also relied on several reservations contained in India's Optional  Declaration  under  Article  36  (2)  of  the  ICJ  Statute  that  bar  the  Court's jurisdiction.

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