Evidence, Commentary, and Judgment

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6.3 General Remarks on the Evidence

After considering the evidence placed before this Tribunal, the Tribunal are compelled to come to the conclusion that the possession, deployment and use of nuclear weapons are contrary to all of the relevant principles, norms, customs and treaties in international law.

The Tribunal also conclude that there is no basis under which nuclear powers can arbitrarily exempt themselves from established international law where their nuclear policies are concerned.

The Tribunal also conclude that war preparations are undermining the maintenance of political democracy and constitutional government in the nuclear weapons states, and compromising the sovereign rights for non-nuclear states. The use of nuclear weapons as a part of national policy has failed to prevent the deaths of millions of people as a direct and indirect consequence of war and armed conflict. All the nuclear powers have been involved in armed conflicts during the nuclear age.

Such conclusions place us in considerable difficulty. It has already been pointed out that this Tribunal has been formed to fill a constitutional gap in the present international political system. Humanity as a whole is placed in very great danger precisely because the nuclear states refuse to subject themselves to the established principles of international law, and negotiations held to date do not appear to have been done so in good faith; indeed many of the arguments put by the nuclear powers to justify their possession and use of nuclear weapons display a cynical disregard for the dictates of human conscience, the laws of humanity and the usages established among civilized peoples. The fact that negotiations are proposed and conducted, even if in such bad faith, is prima facie acceptance by the nuclear powers of the inherent unacceptability of nuclear weapons. Further evidence of the inherent unacceptability of nuclear weapons is found in treaties, executed and proposed, of the nuclear age. Humanity at large is completely denied any form of redress; individuals and groups at this point in history have no forum capable of delivering and preserving inalienable human rights as against the lawless nuclear states.

It is imperative that steps be taken at all levels to establish an effective international constitution which is capable of delivering to humanity its rights and render impossible the kind of situations and conducted which led to this Tribunal in the first place.

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