Government and Military

Stephen Willmer, Assistant Director

Proliferation and Arms Control Secretariat

Ministry of Defence

Room 9152, Main Building, Whitehall, London, SW1A 2HB

19 January 2000

Dear Mr Mackenzie,

Thank you for Trident Ploughshares’ letters to the Prime Minister of 31 August and 16 November last year on nuclear disarmament and the legality of Trident. I have been asked to reply. I apologise the time this has taken.

I am afraid that there is little more that I can add to the several letters Trident Ploughshares has already received on these subjects. The Government is well aware that you consider nuclear weapons in general and the United Kingdom’s Trident programme in particular, to be illegal. It is aware of Sherriff Gimblett’s judgment at Greenock court last October. As you know, the Lord Advocate is referring this to the High Court of Judiciary for its determination. The Government remains confident that the United Kingdom’s minimum nuclear deterrent is consistent with international law.

You ask what the criteria are for establishing the use of nuclear weapons to be lawful. The Government has always maintained, and the International Court of Justice confirmed, that in the absence of any general prohibition of nuclear weapons, the legality of the threat or use of nuclear weapons is governed by the same laws of war as determine the legality of the threat or use of any other form of weapons not specifically prohibited under international law. This means that legality of the use or threat of use of nuclear weapons can only be determined in the light of the specific circumstances that apply when such threat or use is being considered. As previous letters have made clear, the Government is not prepared to speculate about hypothetical circumstances. It has made clear that it would only use nuclear weapons in self defence and in extreme circumstances.

The Government is fully satisfied with the security of the United Kingdom’s nuclear weapons. I can assure you that at no time has this been compromised by any of TP2000’s activities. You will, I hope, understand why the Government is not prepared to discuss detailed security arrangements. Whatever you may believe about the their legality, I hope you can agree that as long as the United Kingdom possesses nuclear weapons, full public disclosure of their security arrangements is not in the public interest.

You again asked for a meeting. As earlier letters have made clear, the Government does not believe that it would be right to arrange meetings such as you have requested while Trident Ploughshares 2000 is not prepared to confine itself to legitimate and peaceful means of protest.

Yours sincerely,

Stephen Willmer

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