Government of the Marshall Islands

presented documents to support their contention that by ignoring forecasts about the weather patterns at the time of the Bravo shot

There have been reports that the device was exploded despite an adverse meteorological forecast.

It is strange that no formal investigation was ever conducted.

It has not been explained why an evacuation capability was not standing by, as had been recommended

Dr. Victor Bond, a member of the medical team sent from the United States to treat the exposed population immediately after the accident, said in an interview with Advisory Committee staff that "initial statements by Washington officials underplayed the severity of the effects of the exposure."

the U.S. government was using the Marshallese as guinea pigs in a deliberate human radiation experiment.

The dual purpose of what is now a DOE medical program has led to a view by the Marshallese that they were being used as "guinea pigs" in a "radiation experiment."

We understand that there is some evidence that U.S. officials received, but neglected to act upon, warnings before the Bravo shot that wind patterns were changing and might send fallout in the direction of these inhabited islands.

the Marshall Islands legislature, the Nitijela, passed the Nuclear Claims Tribunal Act (the “Act”), formally establishing the Nuclear Claims Tribunal.

In September 2000, the Marshall Islands government submitted to the United States Congress a Changed Circumstances Petition requesting additional compensation

if such injuries rendered the provisions of the Compact "manifestly inadequate."

The Petition argues that "new and additional" information since the enactment of the Compact -- such as a wider extent of radioactive fallout than previously known or disclosed and more recent radiation protection standards -- constitute "changed circumstances."

requesting, over a 50-year period, approximately $3.3 billion for personal injuries, property damages, medical care and training, and radiological monitoring

They add that a large proportion of the expenditures noted in the Administration report supported U.S. government research into the effects of radiation upon human beings and the environment and benefitted U.S. interests, but did not directly benefit communities affected by the nuclear testing.

The Thornburgh report concluded that the Tribunal: fulfilled the basic functions contemplated by the U.S. Congress and the Marshall Islands legislature

The Compact, promulgated in 1986 ( P.L. 99-239 ), terminated the United Nations Trust Territory status of the Marshall Islands and Micronesia and provided a "full measure of self-government" for the peoples of the two island states.

But the Marshallese do not consider the tribunal to be fully adjourned and claim roughly $3 billion in “uncompensated damages.”

Serious concerns frequently raised by the Marshallese during the visit of the Special Rapporteur included that the Castle Bravo test (see paragraph 13 above) was a deliberate attempt to assess the effects of nuclear weapons on humans.

Under article X, the Marshall Islands agreed to an espousal provision, which terminated any legal proceedings against the United States or its agents related to the nuclear weapons testing programme

Upon the entry into force of the Compact in 1986, however, an amended motion to dismiss the case was granted.

Several suits filed thereafter were also dismissed on the grounds that the courts now lacked the jurisdiction owing to the existence of section 177