[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.
The Nuclear Challenge (5): 70 Years After Hiroshima and Nagasaki: The Weird ‘Good Fortune’ of Tsutomu Yamaguchi
26 AugOver the years I have often thought about the political and moral consciousness associated with the atomic targeting of Japanese cities, as well as the absence of any expression of official remorse for the suffering caused and the precedent set. I was struck by the decision to bomb Hiroshima instead of Kyoto out of respect for Kyoto’s cultural heritage, and by giving the flight crew orders not to drop the second bomb on Nagasaki if weather conditions obscured the city center. It was the then Secretary of War, Henry L Stimson, who is credited with making the successful plea to the president to spare Kyoto. Stimson, an American patrician public servant, had visited Kyoto twice in the 1920s, and was impressed by the city as a tourist, and also was reported to have been concerned that America’s postwar reputation would suffer if it were to destroy such a place of cultural heritage. With Nagasaki, the crew despite its orders and the presence of cloud cover decided to launch the atomic attack, reportedly worrying that retaining the bomb would be too dangerous as the weapon because of its weight might detonate in the course of landing at its American airbase and no prior authorization had been given to drop the bomb into the sea.
In retrospect, we come to realize that the urban specifics of this most apocalyptic of decisions by the leadership of the American government and its military personnel could have turned out differently so far as the identity of the Japanese victims is concerned. This means that the tragic fate experienced by the residents of Hiroshima and Nagasaki was determined in its specificity by the arbitrariness, perhaps inevitably so, surrounding the logistics and politics of a target selection in a distant place of unknowing.
Of course, the criminality associated with the use of such a weapon of mass terror exists quite independently of whether this or that Japanese city had been subject to an atomic attack. It is this criminality that makes the absence of remorse a continuing blemish on the American way of conducting itself in World War II. In one sense, the American justification at the time based on considerations of ‘military necessity’ and the validity of all tactics associated with winning an ongoing war was consistent with the still prevailing militarized ethics of warfare. What might have set these atomic bombs apart
was their scale of destructivity and its accompanying radiation inflicting cruel
injury and sickness long after the guns of war fell silent, as well as setting a precedent favoring use under wartime pressures.
Viewed less as an operational matter of how and where, and more as a political question of why, we become sensitized to the apparent relevance of sinister geopolitical maneuvers that underlay the decision to use the bomb against Japanese cities rather than to rely on diplomacy to end the war or at least to make this radical innovation in destructiveness by way of an exhibition in an uninhabited part of the ocean. The U.S. Government at the time partly wanted to end the war with Japan as rapidly as possible so that it would not be necessary to include the Soviet Union in the negotiation of a Pacific peace in a manner similar to the Yalta and Potsdam diplomatic process among the victors in the war that produced a divided and quasi-occupied Europe in the aftermath of the German collapse. It also seemed to be the case that the American leaders, already looking ahead toward an impending rivalry with Moscow, were intent on exhibiting the full destructive capability of their super-weapon. It seemed irrelevant to mainstream political consciousness given the war atmosphere of limitless self-justification that such decisions behind closed doors translated into ten of thousands of crushed and radiated victims killed or left to die amid the ruins of these two Japanese cities, devastated beyond recognition by such geopolitical maneuvers that have still never been exposed to the sunlight of full disclosure. Instead, the spin masters of the day wove a diversionary tale of lives saved through the avoidance of a supposedly necessary invasion of Japan that was calculated to cause the death of at least a million Americans and Japanese. With unbounded cynicism, the decision to drop atomic bombs on Hiroshima and Nagasaki, while being aware that Japanese diplomats were sending peacemaking signals is another facet of this most shocking of horror stories associated with World War II. Such stories have yet to be fairly told or rescued from a continuing struggle between competing narratives of motives and context.
Yet Japan, although mercilessly victimized during the war, was far from innocent. Its militarism led to aggressive warfare and conquest throughout Asia, and inscribed memories of occupation cruelty that linger vividly even now in countries such as China, Korea, the Philippines, Indonesia. And of course, it was Japan’s surprise attack on Pearl Harbor that created the basis for America’s formal entry into the war against both Japan and Germany. At least, in the aftermath of the war Japan has acknowledged, although ambiguously at times, its own responsibilities for aggression that created the chain of events that led to the dropping of the atomic bombs, whatever its principal explanation, whether geopolitical, vindictive, or military. In the historic Shimoda case brought by atomic survivors in a Japanese court, seeking symbolic repudiation of the atomic attacks and only nominal damage for personal injury and suffering to underscore their anti-nuclear animus. The court invited expert testimony from distinguished international law experts in Japan, who concluded that the use of atomic bombs against Hiroshima and Nagasaki indeed violated legal prohibitions against indiscriminate, poisonous, and inhumane weaponry, and thus the attacks violated existing customary international law even absent any treaty explicitly prohibiting atomic weapons. What the Shimoda court did so impressively, aside from providing the world with its first and last judicial assessment of the bombings of Hiroshima and Nagasaki, was to offer their conclusions without moralistic posturing. This outlook of contrition was confirmed by issuing this decision condemning the use of atomic weapons on December 7th, the 22nd anniversary of the bombing of Pearl Harbor.
The experience of persons exposed to an atomic attack is easier to interpret than the public rationale due to the concreteness of individual experience, and the physicality of the harm. Nevertheless, there is a zone of ambiguity due to the uncertainty of the connections between exposure to the radiation generated by the bomb and the rise in underlying cancer rates. We can never explain with certitude many particular cases, especially if the symptoms are deferred to a time remote from the event. This may account for the term hibakusha used to set apart the survivors of Hiroshima and Nagasaki from the rest of the Japanese population. To qualify as a hibakusha (in literal Japanese translation, ‘explosion affected people’) a person had to prove that she or he was physically present in one of the two cities at the time of the blasts so as to be eligible for government compensation and assistance. It was definitely not socially desirable to be perceived as a hibakusha, and many survivors did their best to hide this identity to avoid severe discrimination against themselves and even their children, which took several forms, especially employment and marriage. This discrimination was rationalized by the widespread acceptance of the fallacious belief that those exposed to radiation were contagious or genetically affected so that future generations would be similarly afflicted. As of 2015, there are 185,519 hibakusha known to be alive, 1% of whom suffer from radiation sickness. Additionally, separate memorials to deceased hibakusha list over 297,000 in Hiroshima and just under 169,00 in Nagasaki. Among the cruel ironies associated with having been in one of these cities on those fateful days was the mystifying combination of survivor guilt and social ostracism that further burdened the strange destiny of what survival must meant to each hibakusha.
There were also some uncanny ironies associated with such a survival. Perhaps the most extreme irony was the strange fact that an estimated 165 persons experienced both attacks and qualified as what came to be called double hibakusha (a documentary film Twice Bombed: The Double Atomic Bombed of Hiroshima and Nagasaki (2006) depicts this grotesque phenomenon). And of these, the strangest case of all, at least that is somewhat publicized, is that of Tsutomu Yamaguchi.
Mr. Yamaguchi was in Hiroshima on August 6th as part of a business trip on behalf of his employer, Mitsubishi Heavy Industries, when the atom bomb exploded. He was at an office meeting 1.8 miles from ground zero, and suffered serious burn injuries on his left side, but not so serious that he could not return to his home in Nagasaki the next morning. What is somewhat startling is that Yamaguchi went to work in Nagasaki on the following day despite his condition, and on August 9th told his officemates about the amazing fact that a single bomb had destroyed the entire city of Hiroshima. His boss reacted by telling him he was crazy to believe such a ridiculous thing, and at that moment of vengeful irony the Nagasaki bomb was detonated, repeating the awful saga of Hiroshima, and validating Yamaguchi’s story greeted with such skepticism moments earlier.
Yamaguchi, a draftsman who designed tanker ships, survived both attacks despite sustaining injuries in each, and evidently “thought Japan should never start a war.” But he also is reported to have considered at some point killing his family with sleeping pills if Japan lost the war. Yamaguchi died of stomach cancer in 2010 at the age of 93, and his long life exemplifies the ironic nature of what strikes us decades later as a remarkable survival story posing an enduring question decades later to those of us detached from the immediacy of such calamities: was Yamaguchi supremely unlucky to have been in the only two cities ever attacked with atomic weapons or was he extraordinarily lucky to have survived both attacks and lived to the age of 93? Rarely have good and bad fortuitous experience been so intermixed, and perhaps the word ‘lucky’ is too casual given the epochal significance of this dreadful dawn of the nuclear age.
Not until 2009, a year before his death, did the Japanese government officially decide to recognize Tsutomu Yamaguchi as the first person certified to be a double hibakusha. Apparently even the authentication of atomic victimization became its own further ordeal thanks to the draconian workings of the Japanese state bureaucracy.
While hibakusha remain alive, we are movingly reminded that the tragedies endured in 1945 remain lived realities that should never be interred within a larger impersonal assessment of the military policies that ended the war. We are also reminded of the failure of the organized world community to take the necessary and possible steps to ensure that there are no future generations of hibakusha.
Tags: atomic bomb, geopolitics, Henry L Stimson, Hiroshima, Kyoto, Nagasaki, Tsutomu Yamaguchi, Yalta