Transitional Justice in the Nuclear Age: Addressing Past Legacies of Nuclear Use and Testing

paper lanterns on water. On one lantern, a nuclear war head is crossed out.

The project in­vestigates legal and political efforts to address past injustices caused by nu­clear weapons. Both the use of nuclear weapons against the Japanese cities of Hiro­shima and Nagasaki in World War II and de­cades of nuclear testing and nuclear weapons produ­ction have caused grave and enduring human and environ­mental harm. Yet, states responsi­ble for this damage have yet to address these nuclear legacies in adequate ways. This pro­ject analyzes victims’ demands for nuclear justice, their legal and politi­cal struggles, as well as state policies and transna­tional and interna­tional norm dynamics relating to aspects of nuclear justice. We base our analysis on a frame­work that draws on the concept of “transitional justice” – coined origi­nally to discuss how so­cieties come to terms with legacies of autocra­tic government and civil war – and thus differs from conven­tional perspectives that conceive (in)justice in nuclear politics as re­ferring to the inequality be­tween nuclear “haves” and “have-nots”. The frame­work distinguishes four pillars of nuclear justice – accountabi­lity, redress, truth-seeking and non-recurrence – which have played different roles in struggles for nu­clear justice and have been addressed to different de­grees by national policies and interna­tional norms. 

In applying the frame­work to efforts to come to terms with past nuclear harm, the project pursues both an analytical and a norma­tive goal. 

Analytically, we use the frame­work to measure progress made since the start of the nuclear age in addressing nuclear in­justice and to compare nuclear justice initiatives across situ­ations, nuclear weapon states, and victim communi­ties, seeking to account for observable variation. 

Normatively, we use the frame­work to identify remaining gaps and potentials for political and legal action, specifically by placing efforts to come to terms with nu­clear legacies in the broader con­texts of addressing mass violence and of reckoning with colonial injus­tices. We do not intend our frame­work to replace other prominent perspectives on nuclear harm – e. g. huma­nitarian, environ­mentalist and decolonial perspectives – but seek to bring it into a fruit­ful conversation with these alternative analytical angles.

Foto: Wikimedia Commons. No copyright restrictions.

Members

Project Lead

Jana Baldus

Jana Baldus

Sascha Hach

Sascha Hach

Publications

  • NPT 2022: An Opportunity to Advance Nuclear Justice
    | 2022
    Baldus, Jana; Fehl, Caroline; Hach, Sascha (2022): NPT 2022: An Opportunity to Advance Nuclear Justice, Global Policy.
    Publication
  • Beyond the Ban
    | 2021
    Baldus, Jana; Fehl, Caroline; Hach, Sascha (2021): Beyond the Ban. A Global Agenda for Nuclear Justice, PRIF Report, 4, Frankfurt/M.