Organization
Nuclear Claims Tribunal
Tribunal created by Section 177 of the 1986 Compact to decide Marshall Islanders' claims from the U.S. nuclear tests.
- Also known as
- Marshall Islands Nuclear Claims Tribunal
- Wikidata
- Q48795648
Connections 2
part of
- Government of the Marshall Islands 1987 Scholarship & press 1
followed from
- Section 177 Agreement, 1986 Primary record 234
Timeline 1 date
Proof 4 sources
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The Nuclear Claims Tribunal of the Republic of the Marshall Islands: An Independent Examination and Assessment of Its Decision-Making Processes, Kirkpatrick & Lockhart LLP, commissioned by the Government of the Marshall Islands, Jan 2003.
Scholarship & press
the Marshall Islands legislature, the Nitijela, passed the Nuclear Claims Tribunal Act (the “Act”), formally establishing the Nuclear Claims Tribunal.
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Republic of the Marshall Islands Changed Circumstances Petition to Congress (CRS report RL32811, updated 30 August 2005), Congressional Research Service, U.S. Library of Congress, 30 Aug 2005.
Primary record
The Compact of Free Association, Section 177, established a Nuclear Claims Tribunal to adjudicate claims related to the nuclear testing program and provided $45.75 million for payment of awards over a period of 15 years.
As of December 2004, the NCT had paid $71.7 million on personal injury awards totaling over $87 million to 1,917 individuals.
Over 40% of awardees died before receiving full compensation due to lack of funds and the pro-rated basis of making payments.
Unpaid NCT property damages awards (due to lack of funds) to Enewetak Atoll ($386 million) and Bikini Atoll ($563 million) for loss of use of their lands (past and future), restoration costs, and hardships suffered.
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Statement of David B. Cohen, counsel to the Enewetak/Ujelang Local Government, to the House Natural Resources Subcommittee on Oversight and Investigations, 21 October 2021, U.S. House of Representatives, Committee on Natural Resources (hearing file HHRG-117-II15-20211021-SD007), 21 Oct 2021.
Primary record
Utrik: 2006 award of $307,356,398.91 with no payments.
Rongelap: 2007 award of $1,031,468,700 (including April 2008 amendment adding $237,500) with no payments
The Tribunal suspended payments in January 2009 due to lack of funds.
In current dollars, the total amount of unpaid damage awards issued by the tribunal is over $3 billion.
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Report of the Special Rapporteur on hazardous substances and wastes, Calin Georgescu, Addendum: Mission to the Marshall Islands and the United States of America (A/HRC/21/48/Add.1), United Nations Human Rights Council, 3 Sep 2012.
Primary record
Currently, the Nuclear Claims Fund contains less than $50,000, and award claims have been suspended.
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