Atmospheric nuclear test detonations conducted by USA, USSR, UK, France and China, 1945–1980, generated radioactive particles that were dispersed by weather patterns, returning to earth as fallout. People who lived ‘downwind’ face ongoing risks from their exposure to ionizing radiation, as well as psychological, social, cultural and political distress. However, testing states obscured these humanitarian consequences by claiming that fallout could be contained to specific spatial zones, that there are ‘thresholds’ below which radiation exposure has negligible health impacts and that socio-political forms of harm should be disregarded. While the scientific consensus concludes fallout circulates in complex, nonlinear patterns; there is no safe level of radiation exposure; and nuclear testing can generate tremendous anxiety, what Liboiron calls ‘threshold thinking’ continues to underlie policies ostensibly assisting victims of nuclear weapons. This article offers examples from responses to French Pacific nuclear testing, showing how access to compensation and other assistance has often been conditioned on threshold qualifications that function to limit downwind communities’ access to assistance and remedy. Victim assistance and environmental remediation obligations in the 2017 Treaty on the Prohibition of Nuclear Weapons offer opportunities to move beyond reductive policy logics to multifaceted, human rights-based approaches to affected communities’ concerns.
- Policy making on assistance to victims of nuclear weapons testing must put the voices of survivors themselves – rather than the structures responsible for the test program – at the center of the conversation, taking seriously the disability rights slogan ‘Nothing about us, without us’.
- Policy makers should avoid designing policies of assistance to victims of nuclear testing that limit eligibility to people living in pre-determined spatial zones, given the widespread dispersal and non-linear circulation of radioactive fallout.
- Victim assistance policy making should start from the presumption that there is no threshold below which exposure to radiation is safe, or politically unimportant.
- Decision-makers should not deny access to benefits based on qualifying threshold radiation doses; such policies may discriminate against women and girls; Indigenous Peoples; and those with genetic predispositions to cancer.
- Global standards of ‘permissible doses’ of radiation protection – based on a trade-off for the claimed benefits of peaceful uses of nuclear energy – should not be used to evade responsibility for the harms of nuclear weapons activities.
- Policy makers should design victim assistance programs that recognize and remedy the complex medical, psychological, social, political and economic harms of nuclear test programs.
- Policy makers, associations of nuclear weapons survivors, civil society organizations and scientists should consider using the forums offered by the Treaty on the Prohibition of Nuclear Weapons to build more holistic and human rights-based approaches to assisting victims of nuclear weapons activities.