[Prefatory Note: On March 14 at the local Music Academy concert hall I gave what was called the ‘keynote address’ in the program of a memorial event honoring the personal and political legacy of David Krieger, the President of the Nuclear Age Peace Foundation here in Santa Barbara, California. In this slightly modified text below I stress the comparison between Oppenheimer the film and Krieger the civil society star anti-nuclear activist as well as the persona of these two extraordinary individuals.]
Let me begin by adding my greetings to those many members of David’s family that are here among us on this most special occasion– at once solemn in our remembrance of loss and celebratory in our sense of David’s lifetime dedication to what Lincoln called ‘our better angels.’
And a warm welcome to those others gathered here today in friendship and admiration for a life well and meaningfully lived by David
I feel moved and challenged to be part of this remembrance of David, coming a few days after the question of nuclear weapons was brought before the American people by the many honors heaped on Christopher Nolan’s Oppenheimer at the Academy Awards ceremony. I believe it accurate to suggest that not since the Cuban Missile Crisis of 1961 or perhaps even the atomic attacks on Japanese cities at the end of World War II has there been such public attention given to the dangers of nuclear war by ordinary American citizens. Of course, this flurry of concern was abetted in a variety of ways by the nuclear diplomacy of Vladimir Putin, which can be best understood as both a threat and a warning. It seems to be sending a message to the West that Russia is ready for nuclear war if the US escalates its involvement in the Ukraine War by sending US troops to fight alongside the Ukrainians, a course of action many of us oppose for reasons additional to those associated with Putin.
The loss of David in 2023 given these background circumstances reminds us of his lifelong dedication to ridding humanity of the nuclear menace both by educating Americans and others about the apocalyptic dangers of nuclear war and by his sharp criticisms of the distressing embrace of nuclear weaponry by the US Government and its main alliance partners during the Cold War and ever since. This embrace included the bipartisan failure to comply with international law, most explicitly with Article VI of the Nonproliferation Treaty requiring nuclear weapons states to seek in good faith nuclear disarmament. In a more personal sense David left us at a time when I know that he felt that his successor as President of the Nuclear Age Peace Foundation would provide the same commitment, energy, and inspiration in providing the same practical leadership that so vividly defined David’s professional and spiritual identity. I know that I speak for the entire Board and Staff of the NAPF when I say that we all share David’s sense that the Foundation is in the best possible hands under this leadership provided by Ivana [EEVENA] Hughes; we could not be more fortunate having Ivana [EEVENA] as David’s successor, which I am glad to report is a view that David fully shared.
My own special friendship with David stretching over a period of more than four decades combined three dimensions that I have experienced with no other person on this or any other planet—first, an abiding love of poetry as a source of deep knowledge of truth, the good, and beautiful, as stretching our sense of reality beyond what is expressible in ordinary language, and also as poets taking on the most challenging of spiritual practices, secondly, our shared love of tennis as an exalting and satisfying, if at time frustrating blend of sport and fellowship, and thirdly, our shared sense of horror and fear with respect to all that was associated with past, present, and future of nuclear weaponry. This last gave rise in David to a resolve not to be a passive observer in this wrong turn taken by the human species but to embark on a lifelong commitment to do everything within his power to work toward the abolition of this infernal weaponry not primarily to avoid himself experiencing such a culminating human tragedy but more so for the sake of those he loved, of yet unborn future generations, and on behalf a benign destiny for humanity.
We also talked quite often of a fourth shared enthusiasm, which would involve nurturing our fondness for the game of chess. Perhaps, because it might have served as a way of testing our relative abilities we never got around to it, and in this sense it was undoubtedly my good fortune to advert humiliation as we, somewhat suspiciously, never did find an opportunity to match wits in this manner. Another aspect of this special friendship was the closeness of our two families, as more broadly shared with Imaging and Gerry Spence, reinforced by the closeness of my wife, Hilal, with Carolee and Mara, David’s ever so faithful and loving partner and his beloved, amazing daughter.
I know that others more qualified than I have read and will be reading some of David’s poems, but I wanted to frame my remarks by a poem that expresses with devastating concisenss the morbid hypocrisy of those standing guard over our arsenal of nuclear weapons and continuing to this day to do so with a smile of national self-righteousness:
A Short History Lesson: 1945
August 6th
Dropped atomic bomb
On civilians
At Hiroshima.
August 8th:
Agreed to hold War crime trials
For Nazis.
August 9th:
Dropped atomic bomb
On civilians
At Nagasaki.
I have had the odd personal experience of knowing both David as a cherished friend and Robert Oppenheimer as a somewhat irksome acquaintance. I found an unusual mixture of convergence and divergence in my experience of these two extraordinary individuals. Both of their lives were publicly defined by ‘the bomb,’ Oppenheimer by its development, use, and later as a victim of a witch hunting brought to the fore by his morally driven belated opposition to any development of this weaponry beyond its atomic bomb stage. David became what he was by his horrified reaction to the use of the bomb, anti-nuclear activism reflecting his belief that only people could bring the pressures needed to make governments possessing advanced nuclear technology to give it up , and that his form of engaged citizenship in the Nuclear Age was to exercise civil society leadership in advocating abolition.
In contrast, Oppenheimer never wanted to relinquish altogether the fame he acquired by being widely known as ‘the father of the A-Bomb’ or for that matter his access to top-secret classified documents relating to national security. David had no ambivalence about his opposition to the use of atomic bombs against innocent civilian populations at a time in World War II when diplomacy could almost certainly have achieved the national goal of obtaining Japan’s surrender, while Oppenheimer took satisfaction in the success of his mission, including even the use of the weapon, although he later came to fear and oppose further development, specifically with H-Bomb technology that proved to have an explosive force that was 1000 times greater than the bombs used against Japanese cities. It is this posture which got him into unpleasant trouble with the militarist and foreign policy establishment whose eyes were firmly fixed after 1945 on geopolitical supremacy for the country based on military and economic dominance, and not peace and justice for the world. In a sense, Oppenheimer’s life is a metaphor for the red lines that make working within the structures of government for a more peaceful world dangerous and futile, while David’s life enjoyed the benefits of moral purity but was tormented in anguishing ways by the frustrations of mere citizenship in a country that would not act in accord with its proclaimed values, including respect for international law and the United Nations. Both lives will be forever intimately connected with the realities of ‘the nuclear age’—by their shared opposition to the persistence of nuclearism and by their divergent paths of rejection from within and frustrations from without the established political order. I am sure Ivana will find creative ways of keeping alive this dual pedagogical legacy of both David and Oppenheimer as continuing exemplary figures in this ongoing struggle to avoid a future war fought with nuclear weapons.
Again to speak personally, it was my privilege to have learned from these two iconic figures, although far closer in mind, heart, and soul to one than the other. Let me end with a poem written by David in 2020. I have selected it because it so gracefully expressive of David’s rare comprehension among we Westerners of right living, right feeling, and right knowing:
Wisdom Is…
available to all, but rare
distilled from experience
advanced by dialogue
listening carefully
thinking deeply
doing what is right
selecting good over evil
speaking truth
acting with integrity
living simply
being kind and compassionate
demonstrating courage
learning from nature
Questioning
following the Way (Tao)
helping others
striving for peace with justice
being humble
choosing hope
persevering
Richard Falk, Santa Barbara, California, March 14, 2024

The Nuclear Challenge: 70 Years After Hiroshima and Nagasaki (2)
19 Aug[Prefatory Note: What follows is a poem by David Krieger on what happened 70 years ago during those few fateful days in August that forever altered the human condition followed by the joint introduction that we contributed to Geoffrey Darnton’s Nuclear War and International Law, which was just published, and is available for purchase at the usual online outlets and via book store
Poetry is for David a seamless mode of expression that merges his life’s dedication to human wellbeing with his inner reflective consciousness, and bears a special relevance to his central mission of achieving a world without nuclear weapons. In my understanding, David’s poem that follows and others he has written dealing with other aspects of nuclearism enables him to enter what Thomas Merton and James Douglass identify as the domain of the unspeakable, and indeed virtually unimaginable. Most of us need poetry, film, and art to make authentic contact in those private and public situations where prose language and even an enlivened imagination cannot adequately express the extremities of experience. I think of the French film of Alain Resnais, ‘Hiroshima, Mon Amour’ (1959) and Picasso’s ‘Guernica’ as world class examples, but there are many.
Another form of authentic contact with the unspeakable is by way of pilgrimage to hallowed sites of desecration, and David has made such visits frequently, which often feature contact with hibakusha, survivors of the atomic attacks. As with the Holocaust, public atrocities of this enormity, constitute an inexhaustible occasion for mourning and reflections on the dark mysteries of evil, but unlike the memories associated with the Auschwitz experience, Hiroshima and Nagasaki have permanently and negatively affected the biopolitical contingency of the human species and its earthly habitat.
There is one further preliminary observation. Private atrocities, the death or terminal illness of one’s child or any deeply loved one, also gives rise to inexhaustible cascades of grief that can never be adequately expressed through reasoned narrative and never truly overcome. Such acute private losses because of their negative purity indirectly validate the reality of the absolute in human experience, and for closely related reasons helps us appreciate the extraordinary gravitational pull of the divine and sacred.
The special challenge of Hiroshima and Nagasaki is not merely to mourn and remember. It is rather a summons to devote our energies to rid the world of this curse that imperils human destiny for these past 70 years and as far ahead as we can discern. Denuclearization as a process of diminishing in all ways possible the threat posed by this weaponry and treating ‘getting to zero’ as the non-negotiable goal. This process and this goal can become attainable objectives if a sufficient political will is mobilized and becomes attached to a collective ambition to renounce nuclear weapons as an absolute prerequisite of human dignity.]
A SHORT HISTORY LESSON: 1945
August 6th:
Dropped atomic bomb
On civilians
At Hiroshima.
August 8th:
Agreed to hold
War crimes trials
For Nazis.
August 9th:
Dropped atomic bomb
On civilians
At Nagasaki.
David Krieger
***********************************************************
Foreword to New Edition of Decision of London Nuclear Warfare
Tribunal
Richard Falk & David Krieger
When the London Nuclear Warfare Tribunal was convened in 1985, the Cold War set the tone of international relations. Beyond this, Ronald Reagan was the most anti-Communist and belligerent American leader since the end of World War II. There was every reason to be worried that the risks of nuclear war had become unacceptable from the outlook of political prudence additional to their dubious moral and legal status. In this atmosphere the London Tribunal sought an authoritative assessment of the status of nuclear weapons and warfare under international law with the hope that this might move the political debate toward the embrace of nuclear disarmament.
Now 30 years later, the Cold War is over and Barack Obama, the current American leader declared in 2009 his resolve to work toward achieving a world without nuclear weapons. This message of hope and commitment was reinforced at the time by four prominent American political figures with strong realist credentials (Henry Kissinger, George Shultz, Sam Nunn, and William Perry) present the case for nuclear disarmament to avoid the further spread of nuclear weaponry. Yet as we reflect upon these issues in 2015 we note that there is not present among the nuclear weapons states the existence of a political will to place nuclear disarmament on the global policy agenda, much less evidence of a willingness by non-nuclear states to exert meaningful pressures.
Despite important shifts in conflict patterns, which make it more dangerous than ever that nuclear weapons will get into the hands of non-state political actors that would be inclined to disregard the horrifying consequences of use, there are no serious initiatives proposed by governments or through the United Nations to address this menacing challenge. What we find in 2015, instead of a sense of urgency, is a shared mood of complacency on the part of governments, international institutions, and international public opinion. Without the Cold War, and considering the absence of any use of such a weapon since 1945 at Nagasaki, there is a false sense of security, even as anxieties rise to fever pitch when contemplating the prospect of Iran armed with nuclear weapons. Indeed, the evident present priority of nuclear weapons states is to invest heavily in the modernization and further development of their existing arsenal of nuclear weapons, as well in the pseudo-stability of the nonproliferation regime.
And thus, even more so than in 1985, it would seem that it will be up to civil society activism to create the kind of climate of opinion that will force the hand of governmental actors. One step in this direction is to remind the people of the world that from the perspective of international law, nuclear weapons are unlawful, making their threat or use, crimes of utmost magnitude. In this regard, the material gathered in this volume is an invaluable resource for citizen activism on the basis of expecting governments in the 21st century to pursue security within the framework of the global rule of law. The clarity and authoritativeness of the conclusions of the London Tribunal are reinforced by the Advisory Opinion of the International Court of Justice rendered in 1996, and especially by the historic dissent of Judge Christopher Weeramantry that is also included in this volume.
In 1986 there were some 70,000 nuclear weapons in the world. Since then, the number has fallen to approximately 16,000. It is a dramatic quantitative drop, but remains far from the only safe number, which is zero. Over 90 percent of the weapons are in the arsenals of the US and Russia, and their negotiations for further reductions have stalled while they engage in military posturing, including nuclear posturing over the conflict in Ukraine. The US and Russia still maintain some 1,800 nuclear weapons between them on hair-trigger alert, ready to be fired within moments of an order to do so. Neither country has a commitment to No First Use of its nuclear arsenal, leaving open the threat of a preemptive attack, or other initiating use of the sort sometimes suggested as the best means to destroy Iran’s underground nuclear facilities.
The United States unilaterally withdrew from the Anti-Ballistic Missile Treaty in 2002 under Bush II, a treaty that was designed to limit the number of missile defense deployments in order to discourage defensive-offensive escalation cycles. This US withdrawal from the treaty coupled with the subsequent deployment of missile defense installations near the Russian borders has generated Russian anxiety about a possible US first strike, which increases tensions between the two countries and makes more nervous the fingers on the nuclear buttons.
In addition to the US and Russia, seven other countries possess nuclear weapons: the UK, France, China, Israel, India, Pakistan and North Korea. All of them have joined the US and Russia in modernizing their nuclear arsenals. Each of these arsenals is a source of nuclear danger, as are those of the US and Russia. Atmospheric scientists found through modelling studies that a relatively small nuclear exchange between India and Pakistan using 50 Hiroshima-size nuclear weapons each on the other side’s cities would put enough soot into the upper stratosphere to block warming sunlight from reaching the Earth, reduce temperatures on the planet to the lowest levels in 1,000 years, shorten growing seasons, cause crop failures and result in nuclear famine that could take two billion lives of the most vulnerable people on the planet. A larger exchange of nuclear weapons between the US and Russia could send the world tumbling into a new ice age, destroy civilization and annihilate the human species and most complex forms of life on the planet.
Article VI of the 1970 Nuclear Non-Proliferation Treaty obligates the parties to the NPT to negotiate in good faith on effective measures for a cessation of the nuclear arms race and an early date and for nuclear disarmament. These negotiations have never taken place, despite the unanimous legal support of the Article VI obligations in the 1996 ICJ Advisory Opinion: “There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.”
In 2014, one of the smallest countries on the planet, the Republic of the Marshall Islands (RMI), took a bold action to enforce the Article VI obligations and the customary international law obligations that derive from them. The RMI brought lawsuits against the nine nuclear-armed countries in the ICJ, seeking declaratory judgments that they are in breach of their nuclear disarmament obligations and injunctive relief ordering them to commence the required negotiations within one year. Because only three of the nine nuclear-armed countries accept the compulsory jurisdiction of the ICJ, only the cases against the UK, Pakistan and India are currently going forward at the ICJ. The other six countries would have had to affirmatively accept the jurisdiction of the ICJ to have their cases go forward and none have chosen to do so.
The Marshall Islands also brought a separate lawsuit against the US in US federal court, due to the pivotal position of the US in terms of its leadership on nuclear issues. That case was dismissed by the lower court and is currently being appealed in the Ninth Circuit Court of Appeals. The cases are drawing interest throughout the world and currently over ninety civil society organizations, including the World Council of Churches, Greenpeace International and the Nobel Women’s Initiative, have joined a consortium headed by the Nuclear Age Peace Foundation in support of the RMI’s Nuclear Zero lawsuits (see www.nuclearzero.org).
The Marshall Islands acts with great moral authority, as their territory was used as a site of US nuclear testing in the early years of the Nuclear Age. The US conducted 67 nuclear tests in the RMI between 1946 and 1958, with the equivalent explosive power of having tested 1.6 nuclear Hiroshima bombs daily for 12 years. The Marshall Islanders suffered cancers, leukemia, stillbirths, birth defects and other radiation-induced illnesses. Some of their islands still remain uninhabitable, and they have never been adequately compensated for their pain, suffering, premature deaths and the loss of their lands.
In addition to the Nuclear Zero lawsuits by the Marshall Islands, one other positive initiative in relation to nuclear weapons is the series of inter-governmental conferences on the humanitarian impacts of nuclear weapons that have taken place in recent years in Oslo, Nayarit (Mexico), and Vienna. At the Vienna conference in December 2014, the Austrian government made an Austrian Pledge to work to close the legal gap to achieve the prohibition and elimination of nuclear weapons. Since then, over 100 other states have joined Austria in taking this pledge, now known as the Humanitarian Pledge. The hope is that one or more of these countries will convene a meeting of states to initiate a Nuclear Ban Treaty, similar to the Ottawa Conference that was convened to create a Landmine Ban Treaty. This can be done with or without the initial participation of the nuclear-armed countries.
This year (2015) marks the 70th anniversaries of the bombings of Hiroshima and Nagasaki. The survivors of those bombings, the hibakusha, have been outspoken in their calls to abolish nuclear weapons so that their past does not become someone else’s future. Every year, every day, that this advice is not heeded, increases the danger to the human future. This is a legal issue, as this book makes clear, but it is also a moral issue, a security issue and, ultimately, a spiritual issue. Humankind must step back from the nuclear abyss now, before it is too late.
Tags: David Krieger, Hiroshima, Mon Amour, Nagasaki, Nuclear disarmament, nuclear weapons, nuclearism, Poetry, the unspeakable, United States