APPLICATIOFORPERMISSIONTO
INTERVENESUBMITTEBY THE
GOVERNMENTOF FIJI APPLICATION TO INTERVENE
16May 1973.
1 have the honour pursuant to Article 69 of the Rules to submit to the
International Court of Justice an Application1 on behalf of FiJi for permission
to intervene under the terms of Article 62 of the Statute in the case concern-
ing Nuclear Tests (Australia v. Fraoce).
As indicated above the case to which this ~p~lication for permission to
intervene relates is the case concerning Nuclear Tests (Airstralia v. France)
instituted bv an Anolication dated 9 Mav 1973. In that case the Australian
~overnmeit has asked the Court to adjudge and declare that for the reasons
stated in the Australian Application. or any of them, or for any other reason
that the Court deems to berelevant the carrying out of further atmospheric
nuclear weapon tests in the South Pacific Ocean is not consistent with
applicable rules of International Law, and to order that France shall not
carry out any further such tests.
Facts relating to the programme of atmospheric nuclear weapon testing
by the French Government in the South Pacific are set out in the Australian
~ppli;arion. Refcrence, ;treniadc in p~riicular 10 p~rdprliphi 2-7 and 10
piirdgraphi 22-47. Ii is no1thi~ughinccesslirj in ihir Applic~rii)n IO repear the
more general facts set out in the Australian Ao~lication relating to the
progrLmme of atmospheric nuclear weapons tests conducted by ranc ateits
Pacific Tests Centre. However, it is proposed to set out the facts which are
specifically relevant to this Application.
As a consequence of the French programme of atmospheric nuclear weapon
testing radioactive fallout has been deposited on Fiji territory, including its
waters, giving rise to measurable concentrations of radionuclides in food-
stuffs and in man and h~s th~refore resulted in additional radiation do~~s to
persons living in Fiji.
Details of the fallout on Fiji territory resulting from the atmospheric
nuclear weaDon tests conducted bv France at its Pacific Tests Centre are
cont:iincil in the qiiarterly reports and :innulil wniriiarieî on environment<il
radiuïciii,ity publi\hcd h) the Ne\$ 7edldnd N.ition;il Radiation I.ahor3tory.
Data in thesere~orts show that Fiii kas had de~osited on its territorv fresh
fission products during the period bithin whichkrance has conducteé those
tests. These products constitute a hazard to the health of the people of Fiji
and to their environment. For example, the quarterly report of ~ul~-~eptem-
' II,p. 357. 150 NUCLEAR TESTS
ber 1971 records that the concentration of fresh fission products in the air at
Nadi on the West Coast of Fiji rose to as high as 73.5 picocuries per cubic
metre on 17September 1966.The average level of fresh fission products in the
air in Fiji for the period 1966to 1971 is set out in the following table.
Air Activity - pCilrn3 Average for the Monitoring Period*
Pacific Islands 1966 1967 1968 1970 1971
Nadi, Fiji 1.39 0.38 0.97 0.56 0.58
**
Suva, Fiji 0.37 1.22 0.62 0.82
* Monitoringperiodcoverstheperiodduringwhichnucleartestingconductedand
for approximately 3 monthsalterwards.
** No monitoringrewrded.
These reports also show that specific short-lived radionuclides were mea-
sured in Fiji. For example, in 1966the integrated concentration of iodine-131
in the fresh milk supply in Suva, the capital city of Fiji, ranged up to 15,Oûû
picocurie-days per litre. This level was among the highest in that year for
countries in the southern hemisphere as reported in the 1969 report for the
United Nations Scientific Committee on the Ekts of Atomic Radiation
(UNSCEAR).
~ ma~ter~-~~oarticular concern to the Government of Fiii is the oossibilitv
of "blow back" referred ta in paragraph 29 of the ~ustralian ~pplicatioi.
The high-levels of fallout recorded in Fiii in 1966 are attributed to such an
o~ ~ ~ ~ ~ ~ ~
Another matter of concern is the danger caused by radioactive deposits on
the natural living resources of the waters of Fiji and the surrounding seas,
especially fish, which constitute a vital source of food supply to the of
Fiji.
Since it became an independent nation on 10 October 1970, the Govern-
ment of Fiji has taken great trouble ta point out ta the French Government
its growing apprehension and concern at the conduct of these tests. The
Government of Fiji has specifically protested to the French Government on
two ~c~ ~i~ ~ ~ ~ ~ ~ ~e 1971a orotest was made to the French Government
through the French ~mhassado; in London. Again, on 20 April 1972, it
protested to the French Government calling for an end to its programme of
atmosoheric nuclear weaoon tests in the ~acific. In addition, everv availahle
oppo~unity has been takénto raire the issue in the United ~ation; as well as
in re.ional conferences and meetings of the Pacific leaders.
Details of these are as follows:
1. Fiii joined with the heads of ~overnment from Tonaa. Western Samoa.
cGik Islhndr, N~uru. Ausiralia and New Zealdnd aïthe first meeting of
the South Pücifis Forum, held in Wellington on 7 Aiigusl 1971,nppealing
to the French Government to make thethen current test series the last in
the Pacific area.
2. The Fiji Permanent Representative to the United Nations, Mr. Semesa
Sikivou, made a reference protesting against the French nuclear weapon APPLICATION TO INTERVENE 151
testing in the Pacific in the course of his address in the General Debate,
26th.General Assembly, of the United Nations on 4 October 1971.
3. Fiji CO-sponsoredwith New Zealand and other States resolution 3 (1) of
the United Nations Conference on the Human Environment held at
Stockholm from 5-16 June 1972 condemning nuclear weapon tests,
especially those carried out in the atmosphere, and calling upon those
States intending to carry out nuclear weapon tests ta abandon their plans
ta carry out such tests since they may lead to further contamination of
the environment.
4. Fiji was instrumental in including the condemnation of French nuclear
weapon testing in a report by the Special Committee of the United
~ations ~ened ~ssemblv on ihe situation with reeard to the Imolemen-
tation of the ~eclaration-on the Granting of lndgpendence to colonial
Countries and Peoples, on 7 July 1972.
5. Fiii CO-snonsoredwith Australia. New Zealand and other States United
~ations'General Assembly res&ution 2934 (XXVII) of 29 November
1972 on the "Urge-t need for suspension of nuclear and thermonuclear
tests".
6. The Deputy Prime Minister of Fiji, Ratu Sir Edward Cakohau, made
reference condemning the French weapon tests in his address in the
General Debate of the United Nations General Assembly on 10October
1977
7. The Fiji representative, Mr. S. Nandan, delivered a statement in the
First Committee of the United Nations General Assembly on 19Novem-
ber 1972, urging the French Government ta cal1a definitive halt to their
atmospheric nuclear weapon tests in the Pacific.
To strengthen ifs opposition to these tests the Fiji Government on 14June
1972imposed a ban on the landing and overflight by French military aircraft
and on calls by French naval vessels which might be connected with the
tests.
Fiji public opinion has also voiced its strong opposition to thecontinuation^
by France of its testing programme. The fears of the public have been height-
ened by the proximity of the tests centre and a heightened awareness of
scientific knowledge on the possible harmful effects of the increased doses of
radioactivity to which the Fiji population is exposed as a result of these
tests.
It will be evident fromthe facts set out ahove that Fiji is affected by French
conduct at least as much as Australia and that similar legal considera-
tions atïect its position.
Moreover, because it must be assumed on the basis of past experience that
any future tests will give rise to radioactive fallout over Fiji territory, thus
resulting in additional radiation doses to the entire Fiji population, Fiji has a
particular concern in these proceedings.
On this hasis, the Government of Fiji seeks the permission of the Court to
intervene in the case described above in accordance with Article 62 of the
-t-.-.-.
The Government of Fiii exDresses the hope that the Court will reach a
decision to permit the G-overnment of Fiji to intervene in time for it to
appear and participate in the hearings on the provisional measures of protec-
tion requested by the Government of Australia.
TlieGovernment of Fiji has informed the Government of Australia of152 NUCLEAR TESTS
its intention to intervene in this case. The Government of Australia has
raised no objection thereto on the understanding that the filing by Fiji of this
Application at the present time will not prejudice any arrangements that may
have been made for the expeditious hearing of the Australian request for
provisional measures of protection.
(Sig~ied)D. MCLOUCHLIN,
Agent for the Government of Fiji. APPLICATION TO INTERVENE
-ANNEX TO THE APPLICATION FOR PERMISSION
TO INTERVENE
1. Aide-MémoireAddressedto FrenchGovernmerttThrortghthe
FrenchAmbassadorin Londonon 1 June1971
The Government of Fiji kas learned with surprise and regret that the
Government of France has notified certain other Governments in the region
of the establishment of a danger zone consequent upon the resumption of
nuclear testing in the South Pacific.
The Government of Fiii is strongly o~oo-.d to ..e testing of nuclear .
\iespainb. cspcsially in the .liiiiosphcrc. II is psrticulsrly conccrncd lii Irnrn
thnt tests arc 1%)hc rcriiiiicd iiithe South I'acitic rcgion. hccsuse uf the con-
sequent risk of contamination of the atmosphere and also of the sea from
which Pacific Islanders deri~ ~muc~ of their fo-~~ In ~ ~s connection the
Government of Fiji regards any increases in levels of radioactivity, no matter
how small. as undesirable and votentially hazardous to health. It does not
accept that there can be any j"stification for subjecting the peoples of the
South Pacific, against their will, to any such increases, whether or not the in-
creases are within the so-called "nermissible levels".
The Government of Fiji regards this resumption of nuclear testing as being
esoeciallv rearettable at a time when world attention is being focussed on the
prbblemS oienvironmental management and the control of pollution, and
when preparations are being made for a major international conference on
the human environment under the auspices ofthe United Nations.
London,
1 June 1971
2. Memora~tditmAddressedfo French GovernmenrThroughrhe
FrenchAmbassador inWellingfonon 20 April 1972
MEM~RANOUM
The Government of Fiii made reoresentations to the French Government
in June 1971 about the carrying ouiof nuclear tests in the atmosphere above
Mururoa Atoll in the Tuamotu group of islands. It was also associated with
~ ~
Iepresentations made hy the Government of New Zealand in August 1971 on 154 NUCLEAR TESTS
behalf of al1the participants in the South Pacific Forum, in which an urgent
appeal was addressed to the French Government that the then current test
series should be the last in the Pacific area.
The Government of Fiji must therefore deplore that the French Govern-
ment has chosen to disregard once again the widely expressed opposition to
the testing.It views with deep disappointment and concern the French
Government's intention to resume the testing of nuclear devices in the
Pacific atmosphere later this year.
In its previous representations to the French Government, the Govern-
ment of Fiji drew attention to the potentiai hazards that these tests in the
Pacific ooseto health and safetv and to the marine life which is a vital element
inisland subsistence and economy. It notes that, despite assurances about the
precautions taken to ensure the inoffensiveness of these explosions to Iifeand
ihe environment, the French Government continues to conduct them at a
point on the earth's surface which is as far removed as possible from theass
of ifs own territory and population.
The Government of Fiii wishes to urge the French Government to recon-
sider its intention beforeémbarking onfurtherwilful pollution of the ~Lific
environment, and to cal1 a definitive hall to its programme of atmospheric
nuclear tests in thisegion.
Department of Foreign Afïairs.
Prime Minister's Office,
Suva.
20 April 1972.
3. Extroctfrom the Communiqué Issuedon 7 August1971or the
Conclusionof the First Meeting ofthe SouthPacific Forum
During the course of the discussion attention was.drawn to the forthcoming
series of nuclear tests to be conducted by France in the South Pacific. Partici-
pants expressed deep regret that atmospheric tests of nuclear weapons con-
tinued to be held in the Islands of French Polynesia despite the Partial Test
Ban Treaty and the protests repeatedly made by a number of the countries
attending as well as other Pacific countries. They expressed their concern at
the potential hazards that atmospheric tests pose to health and safety and to
marine life which is a vital element in the Island's subsistence and economy
and addressed an urgent appeal to the Government of France that the current
test series should be the last in the Pacific area. The Forum requested the
New Zealand Government to transmit this appeal to the French Government.
4. Exrract from Address by Fiji PermonentRepresentotive
to rhe United Notions,Mr. SemesaSikivort,in the
General Debate, 26th GenerolAssembly,of the United
Nations on 4 October 1971
A natural consequence of the importance of the sea to Fiji's people has
been our deep concern, in common with many other Pacific nations-and
indeed with other member States, great and small whose distinguished represcntatives hli\e rpuken before me on this subjesi-concern al the rcnetval
by t'ranse in 1971of atmo\pheri; nuilcar tcsting on hluriiriu ,\tell.011 this
occasion our independent status enabled us for the first time to protest in Our
own right at the contamination of the atmosphere and of the sea which these
tests must cause, and at the subjection of the peoples of the South Pacific,
against their wiil to increases in the levels of radioactivity which. no matter
how small, must be regarded as potentially hazardous to health. Fiji also
associated herself with a joint protest made by Our friends on behalf of al1
inde~endent South Pacific countries followina a resolution at a meeting of
~acific Heads of Government held in ~ellington in August. We are therejore
gratified that the French Government bas now seen fit to cal1a halt to these
tests. We are confident that France. which has in so manv wavs demonstrated
her concern for the less privileged nations, will be suffici.entl; sensiti<e to the
feelings which the tests have aroused that she will make this halt permanent
and final. At a time when oroblems of oollution and environmental manage-
ment are increasingly occhpying the aitention of the world, and when Che
vast majority of States have subscribed to the Partial Test Ban Treaty of
1963, we are surethat the members of this Assemhly will not wish to see our
confidence misplaced.
5. Resolution3 (1) Adoptedby the United Nations
Conference onthe Human Environment,
Stockholm, 5 to 16 June 1972
[See Annex 19 to the AustrrilianRequcstfor the Indicationof Interim Meosures
of Protectioil,p. 132, supra]
6. Extracrfrom Report by the SpeciolCommitreeoffhe
United Nations GeneralAssemblyon the Situation wirh
Respect IO the Implementorionof the Declararion on
the Granting of Independenceto Colonial Counfries
and Peoplesdated 7 July 1972
The Spciial Conini~itee \irongly condcmns the bldtlinr disregdrd of norld
piiblic opiniu~ib) the Ci<i\erniiiciiiof Frsnce in rcsuniinp nuclelir atiiiospheric
tcriing in the vicinit) of h1.iruro.i Ati~ll.idille 500niilc, nt~rth-uesi of Piicliirn.
The Spe:i;il Committee wlls upon ihdt Go\crnmcnt laiJerisi forihi\ith frcim
ctigaging in siiih asil\ iile\hi;h enJ.iiigcr lhc life and ihc environmeni uf the
peoplesof the region. - 156 NUCLEAR TESTS
7. U~iitedNations GenerolAssemblyResolr<tion 2934 A-C (XXVII)
of 29 November1972 on rhe"Urgent Needfor Sirspe,isiotr
of Nuclcor and Thermoni~clear Tests"
[See Annex 21 ro the A~tslrolionRcquestfor rheItrdicationof Inrerim Measures
of Prolectio17p,. 139, supre
8. Exrracr from Addressof the DeptrryPrime Minisrer
of Fvi, Roru Sir Edward Cakoban,in theGeneral
Debare of the United NarionsGeneral Assemblyof
10 October1972
A subiect which is closelv allied to the auestion of international securitv
~ ~ ~
to the eivironment, and to ihelaw of the se;, to which 1 havealready referréd
is that of nuclear testing. Ever sinceFiii has had the o~nortunity of making
its voice heard in the international co&munity it hasprotestedagainst thé
carrying out of nuclear tests in the atmosphere and particularly the atmo-
sphere of the Pacific Ocean.
It is a source of great regret, Mr. President, that it must recordthat these
protests, which have been echoed by many of Our friends in this Assembly
and notably during this session by my colleagues from Australia and New
Zealand have gone unheeded. This year France has again explodrd a number
of nuclear devices on Mururoa Atoll.
We are assured that these tests produce little radiation. They are said to be
harmless. This being so, Mr. President, many countries in Fiji's part of the
world question why France needs to conducf them at a point on the earth's
surface which is as far removed as possible from the mass of its own territory
andpopulation.
The tests are contrary to the terms of the Partiai'Test Ban Trezity to which
the vast majority of the members of this Organiration, includiog Fiji, has
subscribed. It is true that France is not a party to it and that there are other
countries who also continue to test in the atmosnhere. At a time when wider
devices in the atmosphere must be repugnant to the internationalcommunity
as a whole. We will not relax Our efforts, in concert with other like-minded
nations, to persuade those responsible to bring their programmes.of destruc-
tion to an end. In this regard, Mr. President, we strongly support and
commend an initiative jointly taken hy Our neighbours, Australia and New
Zealand, to bring the question of nuclear testing before this Assembly with a
view to banning al1such activity, especially in the South Pacific. APPLICATION TO INTERVENE
9. Extracf from Stuteme~itby the Fii Representurive,
Mr. S. Nut~dan,in theFirst Commitfee O/ the U~iited
Nutions Ge,ieru/ Asscmblyon 19 Novcmber 1972
My delegation's intervention on this occasion will be confined to Item 32
of the Agenda, entitled "Urgent Need for Suspension of Nuclear andThermo-
nuclear Tests".
Itis some nine years now since the Partial Test Ban Treaty. banning al1
tests in the atmosphere, in outer space and under water, was signed in 1963.
It is therefore most disappointing to note that some major Stateswithnuclear
capabilities have still not become parties to this Treaty. Since 1963 the
world has been striving for a comprehensive ban on al1nuclear tests, which it
is hoped would pave the way for the eventual elimination of al1 nuclear
weapon stockpiles. It is a matter of great regret that little progress has been
made towards the achievement of a comprehensive test ban treaty. Fiji is
very much aware that in this day alid age, given the destructive capabilities
of nuclear weapons, no nation, however small or remote, can be expected
to be spared in the event of a nuclear holocaust. It is with this in view that
my delegation welcomes this opportunity to add its plea to the universal
demand for the establishment of a safer world for al1 mankind through
general and complete disarmament.
The Partial Test Ban Treaty of 1963, to which my country is a Party, isan
epitome of world-wide opinion against the testing of nuclear devices in the
atrnos~here. in outer soace and under water. This universal concern of man
to saféguard himself and his environment against the dangers of nuclear
contamination was echoed again as recently as June this year at the Confe-
rence on the Human Environment in Stockholm by the adoption of Principle
26 of the Declaration on the Human Environment, which states without
qualifications or conditions that
"man and his environment must be spared the effects of nuclear weapons
and al1 other means of mass destruction. States must strive to reach
prompt agreement in the relevant international organs, on the elimina-
tion and complete destruction of such weapons."
In addition, the Conference also adopted a resolution condemning nuclear
weapon tests, especially those carried out in the atmosphere, and called upon
those States intending to carry out nuclear weapon tests to abandon their
plans to carry out such tests, as they might lead to furthercontaminationof
the environment.
It is ironical, however, that that plea of a unique international gathering
at Stockholm should have been celebrated only a few days after the Confer-
ence ended, by the beginning of the 1972 series of French nuclear tests in the
Mururoa Atoll in the South Pacific. Those tests were carried out in defiance
of world opinion and m disregard of the protests of the countries bordering
the Pacific Ocean. The Government of Fiji has individually and collectively
with other States in the South Pacific re-.on. whose environment is most
immediately involved, made urgent appeals to the French Government to
desist from itswilful pollution of the South Pacific. Fiii does not stand alone
on this issue. It is one which hasan imoact on the whole of the Pacific rerion
and most of the countries and territhries of that region have made rheir
attitude unmistakably plain. The delegations of New Zealandand Australia158 NUCLEAR TESTS
have, in their statements on this issue,already referred to the various collective
protests made by the South Pacific countries.
Protests from individual bodies and persons throughout the Pacific
region are loud, strong and clear, and they will continue as long as the tests
do. The protests of the States comprising the association of South-East
Asian nations and that of the Andean group of States of Latin America have
also been referred 10. and 1 do no1 wish to repeat them. However, the most
deplorable fdct is ihii the French Cioi,ernnirnt chose to ignore ci~mpletely
ihe uidely chprejsed opposition to the terting 2nd del~berüiely carried ciut ils
series of iitmosiiheric tew in June and Julv ofthis )car in the hlururui Aioll
in the South ~&ific.
The dangers of atomic radiation are well known. A very useful review of
the health hazards from the environmental radiation is to be found in the
most recent report of the UN Scientific Committee on the Effects of Atomic
Radiation (A1818725.Suo.lem..t No. 25). It is eaually well known that the
explosion of nuclear deviceî in the atmoiphere generates large quantifies of
radioactive isotopes in the human environment. Those isotopes, when
absorbed in the human bodv lead to a measurable increase in the radiation
dosage to the organs of the-body. My delegation submits that it should be
rccosnized that there is a risk of induced disease or disability from even the
lowst levels of exposure to radiation. That consideration is of particular
significance to the peoples of the South Pacific that are being increasingly
exposed to radiation by the wilful acts of one permanent member of this
organization which crosses the earth's surface to conduct its tests in Our
surroundings.
In case it should be said that Our apprehension over health hazards is
unfounded. 1 should like to refer this Committee to but one example in the
Report of the Scientific Committee. In paragraph 14 of that Report the
Scientific Committee unequivocably records a significant increase in radio-
active iodine levels in milk in the Southern Hemisphereafter each of the 1970
and 1971 series of French tests in the Pacific. That Report is not up to date,
of course, as it does no1 take into account the 1972 series of French tests. 1
might mention that in high doses radioactive iodine causesthyroid tumours,
especially in infants.
The Government of Fiii has alreadv drawn the attention of the French
Government to the poteniial hazards which these tests in the Pacific pose to
health and safety and to the marine life which is a vital element in island
subsistence and economy. It is no comfort to us, the peoples of the Pacific.
to observe that despite the assurances about the precautions taken to mini-
mize the il1efïects of these explosions to lire and to the environment, the
French Government continues to conduct them at a point on the earth's
surface as Par removed as possible from the mass of ils own native soi1 and
people. We have no doubts of the adverse domestic reaction that would be
ue~e~a~~d~i~~~~~~--te~ ~~were conducted closer to France.
My delegalion views with deep disappointment and concern recent reports
in the world mess emanatina from Paris. indicatina fhat France is~lanning
a new series of nuclear tests in the Pacific. The London Ssnday Times of
8 September 1972, for instance, reported that the bombs to be exploded in
the new series would be considerably larger than the nuclear devices the test
explosions of which caused world-wide protests earlier this year. That
information on a further series of tests is confirmed by an article which
appedred in a Paris magazine of 6 November 1972, and was written by one APPLICATION TO INTERVENE 159
General Paul Rigail. who is reported to be in charge of atomic afairs at the
French General Staf Headquarters. To the knowledge of my delegation no
official denials of those reoorts have been made.
Fiji would therefore like once again to urge the Government of France to
ieconsider before further wilfully pollutina the Pacific environment. and to
cal1 a definitive halt to its programme of atmospheric tests in the Pacific
region. In view of the reports of a further series of tests, the adoption of the
draft resolution contained in Document AIC.IIL.6Il is even more im~erative.
Fiji isa co-sponsor of th;it drdft resolution, %,hich*,as so ably pre~ented lai
thi, Committee on 26 Seprember 1972.by the reprcsentative of New Zealand.
on behalf of its 13 co-s~onsors from the Pacific reaion. Since that draft
resolution is a regional effort it is not surprising that?he tests in the Pacific
are specifically mentioned. The draft does, however, stress the desirability of
bringing to a hait al1nuclear weapon testing in the atmosphere and in other
environments everywhere in the world. We should like to make it clear,
however, that the delegation of Fijiwould strongly oppose any attempts to
delete the reference to the Pacific tests from this draft resolution, for it cannot
be denied that only recently tests have been conducted in the Pacific.
Application for Permission to Intervene submitted by the Government of Fiji