Nuclear Tests Cases ICJ International Court of Justice case summary International Law

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Nuclear Tests Cases ICJ International Law explained Lex Animata Hesham Elrafei
Nuclear Tests Cases (Australia v. France ; New Zealand v. France) 1973 I.C.J. Rep. 99; 1974 I.C.J. Rep. 253, 457 .
In 1972, France conducted atmospheric nuclear tests in the South Pacific.
Australia and New Zealand, in separate but identical proceedings before the International Court of justice, claimed that the tests were inconsistent with international law, and had caused radioactive fallout damage in their countries.
They instituted proceedings against France, founding the jurisdiction of the Court on the 1928 General Act for the Pacific Settlement of International Disputes, and articles 36 and 37 of the Statute of the Court.
In 1973 , France sent a letter to the Court stating that it considered the Court not competent and did not accept its jurisdiction.
On the request of Australia and New Zealand for interim measures of protection, the Court indicated that the non-appearance of France could not by itself prevent the Court from indicating interim measures.
And that, as there was a prima facie ground for the Court's jurisdiction and the possibility of uncorrectable damage to Australia and New Zealand by radioactive fallout could not be excluded, France should, pending a final decision, avoid nuclear tests causing the deposit of radioactive fallout on Australian territory.
In 1974, the Court held that Australia and New Zealand's Claims no longer had any object and that the Court was therefore not called upon to give a decision, as France declared its intention to hold no further nuclear tests in the South Pacific, and consequently the dispute had accordingly disappeared.

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