Bikini Archives

Please find the videos, presentations and speeches in writing of the webinar below

Date / Time 14 March 2022 from 10:00 to 12:10, CET

Introduction

The debate on and arguments against nuclear weapons have been reframed with the introduction of the concepts of humanitarian and environmental consequences of nuclear weapons. The TPNW as well as recent rulings like the Human Rights Committee General Comment No 36 on the right to life enlarged the legal tools in the struggle against nuclear weapons and in giving justice to the victims of the nuclear complex.

This webinar will reflect on the legal framework – legal arguments, rights and remedies – linking existing experience with future options. Thus, the webinar aims at highlighting new paths to protect nuclear victims and the environment.
For more detailed background information on various topics of the webinar, please see a list of references.

1^st Session

Looking Back: Learning from the experience of lawyers who have supported victims of the atomic bombs and nuclear testing

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Moderator: Hiroko Takahashi, Professor of Department of History, Faculty of Letters, Nara University, Japan

Opening and Introductory Remarks Kazue Mori, Lawyer, JALANA Secretary General, Japan (Speech)

Struggle of Japanese Lawyers to Support A-Bomb Survivors Takeya Sasaki, Lawyer in Hiroshima, IALANA co-president, Japan (Speech)

Relief of A-Bomb Survivors in South Korea Choi, Bongtae, Lawyer in South Korea (Speech)

Bikini Lawsuit Masayoshi Naito, Lawyer, JALANA vice-president, Japan (Speech, Video Message from Ms. Setsuko Shimomoto
https://www.youtube.com/watch?v=TuDoMrYf8s4)

Concluding Remarks
Hiroko Takahashi, Professor of Department of History, Faculty of Letters, Nara University, Japan (Speech)

Q+A

Short Break

2^nd Session

Looking Ahead: The future of victim assistance and environmental remediation – making use of the TPNW and existing international, esp. human rights law

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Moderator: Toshinori Yamada, Lecturer of International Law, Meiji University, Japan (Introduction)

Implementation of Article 6 and 7 of the TPNW ahead of the first Meeting of States Parties Manfred Mohr, Professor of Public International Law, Academy of Sciences, Board member of IALANA, Germany (Presentation)

Human Rights Approach for Nuclear Disarmament Daniel Rietiker, Adjunct Professor at Lausanne University and Suffolk University Law School, IALANA co-president, France (Presentation)

Framework of Environmental Remediation Emilie Gaillard, lecturer in private law, director of the master degree GENFUT (Future Generations and Legal Transitions) at SciencesPo Rennes, general coordinator of the Normandy Chair for Peace, board member of IALANA, France

Q+A

Final Remarks Toshinori Yamada (Speech)

Closing

The following is some examples of national court cases that JALANA supports:

① No More Hibakusha Lawsuits (A-Bomb Illness Certification Lawsuits) – The A-Bomb survivors are fighting court cases against Japanese government maintaining a practice of administration on assistance for A-Bomb survivors very limitedly. The Supreme Court recently made an unjust judgment that upheld the government’s practice.

② “Black Rain” Lawsuit – 84 plaintiffs, who were outside the target area for state assistance but suffered health damage owing to the “black rain” containing radioactive substances that fell immediately after the atomic bombing, filed a lawsuit against the government, Hiroshima Prefecture, and Hiroshima City, demanding issuance of A-Bomb Survivor Health Handbooks. On July 29, 2020, Hiroshima District Court ruled in favour of all plaintiffs, but the defendants appealed.
　 On July 14th, 2021, Hiroshima High Court upheld the District Court’s ruling that recognized the plaintiffs as hibakusha, and further expanded the “black rain area.” On July 26th, 2021, Japan’s then Prime Minister Yoshihide Suga said that the government had decided not to file a final appeal. He said his administration would further examine the issue so that relief measures could be extended to others who were exposed to the radioactive rain.

For more information on the “Black Rain” Lawsuit read the newspaper articles in THE ASAHI SHIMBUN and Japan Times.

③ Bikini Occupational Accidents Lawsuit – Owing to the 1954 US hydrogen bomb tests, fishermen and crews on fishing boats and cargo ships operating around the Bikini Atoll were irradiated and developed diseases such as cancers. We support a lawsuit which they filed to claim certification of occupational accidents, payment of insurance, and national compensation for having lost their rights to claim it to the US by the US-Japan Agreement.

④ Fukushima Nuclear Disaster and Lifework Lawsuits – The accident of Fukushima Nuclear Power Plant that occurred on March 11, 2011, deprived many residents of their places to live and livelihood. Lawsuits are pending to hold accountable the electric power company (operator of the nuclear plant), who has failed to take measures to counter disasters even after being informed of possibility of tsunami and earthquakes, and the government, who did not play a role of regulation authority. So far three of four high court decisions recognized a responsibility of the electric power company and the government. All the four cases are now pending at the Supreme Court.

This text was originally published on http://www.hankaku-j.org/english/info/211220.html

Tag: Bikini

IALANA Webinar – LOOKING BACK AND LOOKING AHEAD: Give Justice to Nuclear Victims!

Overview of national litigation in Japan