...ryttr• THE WORLD COURT PROJECT THE EVOLUTION AND IMPACT OF AN EFFECTIVE CITIZENS' MOVEMENT UNIVERSITY OF NEW ENGLAND THE WORLD COURT PROJECT THE EVOLUTION AND IMPACT OF AN EFFECTIVE CITIZENS MOVEMENT A Thesis Submitted for the Degree of Doctor of Philosophy of the University of New England by CATHERINE F. DEWES B.A.(Canterbury), L.T.C.L.(London), Dip.Tchg. (Auckland) CHRISTCHURCH, AOTEAROA/NEW ZEALAND OCTOBER 1998 For my daughters Jessie, Annie and Lucy Boanas That their generation and successors may 4 know a world free from the threat of nuclear annihilation CONTENTS List of Illustrations xi Preface xii Acknowledgements xvi List of Abbreviations xix List of Characters xxii Abstract xxvi Chapter 1. INTRODUCTION 1 PART I. WORLD COURT PROJECT ORIGINS: 1945-1990 2. INTERNATIONAL INFLUENCES FROM CITIZEN GROUPS AND INDIVIDUALS: 1945-1981 13 2.1 Introduction 2.2 International Committee of the Red Cross 2.3 Sean MacBride 2.4 Legal Views 2.5 The Military 2.6 International Peace Bureau 2.7 World Peace Council 2.8 Scientists and Physicians 2.9 Womens International League for Peace and Freedom 2.10 Conclusions 3. THE 1980s: WOMEN MOBILISE 44 3.1 Introduction 3.2 Actions Inspired by Women 3.3 Oxford Research Group 3.4 Four Politicians:Theorin, Kelly, Vallentine, Lini 3.5 Women-Only Actions Greenham Womens Peace Camp 3.6 Conclusions vi • 4. THE 1980s: OTHER DOMESTIC INITIATIVES 67 4.1 Introduction 4.2 United Kingdom Campaign for Nuclear Disarmament International Law Against War London Nuclear Warfare Tribunal MacBride Appeal Pax Legalis Institute for Law and Peace Snowball 4.3 Other Countries Japan West Germany Netherlands Canada United States 4.4 Conclusions 5. GOVERNMENTS RESPOND 86 5.1 Introduction 5.2 Treaties and Resolutions: 1945-1980 5.3 The 1980s: A Decade of New Thinking 5.4 Unilateral Actions by States 5.5 Nuclear Free Zones 5.6 Conclusions PART II WORLD COURT PROJECT GESTATION :1986-1992 6. CITIZENS MOBILISE IN AOTEAROA/NEW ZEALAND: 1986-1990 103 6.1 Introduction 6.2 Harold Evans 6.3 Open Letters 6.4 Richard Falks Visit 6.5 Edward St John 6.6 Approaches to Governments 6.7 Approaches to Citizen Groups Lawyers Physicians vii • 6.8 Public Advisory Committee on Disarmament and Arms Control and the Third UN Special Session on Disarmament 6.9 Conclusions 7. AOTEAROA/NEW ZEALAND GOVERNMENT POLICIES: 1945-1990 • 139 7.1 Introduction 7.2 Tacit Support for Nuclear Weapons 1945-1972 7.3 Using the International Court of Justice 1973-1974 7.4 Emerging Nuclear Allergy 1972-1984 7.5 "The Kiwi Cure " 1984-1990s 7.6 Labour Governments Response to the WCP 1986-1990 7.7 Conclusions 8. INTERNATIONAL MOBILISATION: 1988-1992 167 8.1 Introduction 8.2 Citizen Groups World Association of World Federalists British Connections International Association of Lawyers Against Nuclear Arms (IALANA) iS Links with the Commonwealth Parliamentarians 8.3 United Nations 1991 New York Geneva 8.4 Other Groups 8.5 WCP Co-Sponsors 8.6 WCP International Launch 8.7 Conclusions PART WORLD COURT PROJECT PROGRESS IN THE UN: 1992-1996 9. APPROACHES TO THE WORLD HEALTH ORGANISATION 195 9.1 Introduction viii • • 9.2 Erich Geiringer 9.3 International Physicians for the Prevention of Nuclear War (IPPNW) 9.4 World Health Assembly: 1992 Preparation Ann Marie Janson and George Salmond Presenting the Resolution Lessons Learned 9.5 World Health Assembly: 1993 Preparation WHO Executive Board Meeting Resolution and Voting Role of Citizen Groups 9.6 From the World Health Assembly to the ICJ 9.7 Conclusions 10. BUILDING PUBLIC AND GOVERNMENT SUPPORT: 1992-1994 236 10.1 Introduction 10.2 Public Participation Declarations of Public Conscience Endorsing Groups and Prominent Individuals 10.3 Case Study of Aotearoa/New Zealand: 1992-1994 10.4 WHA Submission to the Court and UNGA Resolution • 10.5 Conclusions 11. UN GENERAL ASSEMBLY RESOLUTIONS: 1993 AND 1994 275 11.1 introduction 11.2 Alyn Ware 11.3 Lobbying New York Diplomats and Governments 11.4 Role of the Non-Aligned Movement 11.5 UN General Assembly: 1993 11.6 UN General Assembly: 1994 11.7 Conclusions • 12. GOING TO COURT: 1994-1996 320 12.1 Introduction ix • 12.2 Submissions to the Court World Health Assembly Question UN General Assembly Question 12.3 Aotearoa/New Zealand Reopens 1973 Nuclear Tests Case 12.4 Commonwealth Heads of Government Meeting 12.5 Citizens Gather at The Hague 12.6 Oral Proceedings Australia Non-Aligned Movement Representatives South Pacific Islands, Japan and San Marino Nuclear Weapon States and their Allies 12.7 Conclusions PART IV. CONCLUSIONS 13. THE IMPACT OF THE WORLD COURT PROJECT.... 355 13.1 Responses to the Courts Decision 13.2 Preparing the Ground 13.3 Reasons for Success 13.4 The Role of Small States 13.5 The Role of Women 13.6 Aotearoa/New Zealand Government Reluctance 13.7 Impact on Nuclear Disarmament 13.8 Impact on Peace Movements 13.9 Lessons Learned 13.10 Concluding Thoughts Chronology 394 Appendix 397 I. Precursors to WCP II. Citizen Evidence III. WHA and UNGA ICJ resolutions Sources Consulted 423 ILLUSTRATIONS Figure Page 1. Leading women figures in the anti-nuclear movement 50 2. Example of media coverage of Falks 1986 visit 111 3. Some key international personalities mentioned in the text 127 4. Some key personalities and the PACDAC Committee 128 5. Aotearoa/New Zealand politicians cited in the text 150 6. Pathways to the Court 167 7. Diagram outlining groups to be contacted for WCP 172 8. WHO Lobbying Team and WCP ISC 207 9. Chronology of WHA Voting on ICJ Resolution 221 10. Diagram of 1991 UNGA Voting on Disarmament 243-4 11. A/NZ attitudes towards WCP and Disarmament 250 12. Postcard to Prime Minister Bolger 258 13. Cartoon on WCP 258 14. Photos of Ware, Tangiora and Gorbachev 294 15. Chronology of 1993 UNGA ICJ Resolution 300 16. Photos of ICJ Judges and South Pacific Legal Team 340 17. Photos of DPC Display and NZ Legal Team meeting WCP 341 18. Collage of media headlines on ICJ Opinion 359 19. Summary of opinion polls in six NATO states 380 20. ICJ Opinion implications flow diagram 383 X: • PREFACE This thesis of yours is truly a magnum opus. It brings together an enormous amount of material which might otherwise not see the light of day. ...this story must be put on record. It is important for all sorts of reasons not the least of which is that it shows how a few thinkers and citizens can start a popular movement which, with support from the appropriate professions, can build into a global movement even the most powerful countries in the world cannot ignore. This is an enormously important observation. George Salmond [1] This study began in 1994, and was initially the dissertation component for an M.A.(Hons). As it developed, it became clear that a much greater commitment of time and research was needed to do justice to the historic importance of the international citizens initiative I had chosen to document. During 1993-94 the World Court Project (WCP) helped to persuade the UN to request the International Court of Justice for an advisory opinion on the legal status of nuclear weapons. At the end of 1995 the thesis was upgraded to PhD level, which offered scope to delve more deeply into the archives of individuals and organisations behind the WCP; to interview some of the personalities who had helped it succeed; and to place the stories in the wider historical context of both Aotearoa/New Zealands (A/NZ) foreign and defence policies and international nuclear disarmament issues. [2] As one of the people who had been intimately involved in the evolution of the WCP, there were several reasons why I felt compelled to record accurately and draw out the lessons learned from, a supreme example of a successful anti-nuclear initiative which impacted significantly on international disarmament issues. Because it came primarily from A/NZ, it was important to have someone document the history who knew many of the personalities and who had some understanding of New Zealands foreign policy and the nature of its peace movement. There was also a sense of urgency to record the stories of some of the older key participants while they were alive. I was in a unique position to write this history as a long-time member of the Aotearoa and international peace movements, one of the WCP pioneers and a member of the WCP International Steering Committee (ISC); an Executive a xii member and more recently a Vice-President of the International Peace Bureau (IPB). For the past 19 years I have worked closely with the main architect of the WCP and had unrivalled access to many of the primary documents. My experience as a member of the Public Advisory Committee on Disarmament and Arms Control (PACDAC) from 1987-90, an adviser to the A/NZ Government delegation to the Third UN Special Session on Disarmament (UNSSOD III) in 1988; and as Co-Chair of the Labour Party Policy Committee on Defence and Foreign Affairs from 1988-90, has given me direct access to decision makers, government and the UN. It was from my base as a peace activist and educator that I realised the importance of sharing empowering stories with ordinary people struggling to have their voices heard in the democratic process. Through intimate involvement in the A/NZ Peace Squadron actions against nuclear warships, local neighbourhood peace groups, the womens peace movement and the campaigns for nuclear free zones, I learned the importance of translating direct action into dialogue and policy-making with decision makers.