Press Releases & Updates 2010

Remarks were made by H.E. Christopher Weeramantry, former Vice Chair of the International Court of Justice, in a video message, Rebecca Johnson, Vice Chair of the International Campaign for the Abolition of Nuclear Weapons (ICANW) and Angie Zelter, co-founder of Trident Ploughshares, all of whom contributed to the book, and by Professor William Henderson, lecturer in law, Glasgow Caledonian University, Professor William Walker, St Andrews University and Janet Fenton, Coordinator of the Edinburgh Peace and Justice Centre.

Rebecca Johnson outlined key conclusions of the eminent judges, including a former President and a Vice President of the International Court of Justice, and lawyers, law professors and QCs found in the book as follows:

The launching of a nuclear-armed Trident missile would be unlawful in any conceivable circumstance.

The deployment, renewal and modernisation of nuclear weapons and the application of deterrence doctrines based on the use or threat of use of nuclear weapons, including the Trident nuclear weapons system, violate existing international law.

Scotland’s obligations and responsibilities under international law are not nullified by the 1998 devolution settlement.

Citizens have a lawful right to protest the deployment of nuclear weapons.

In addition to national obligations to cease deploying, developing and renewing nuclear weapons, there is an international law obligation to conclude multilateral negotiations to achieve the total abolition of nuclear weapons.

Rebecca Johnson notes in her Introduction to the book that the recommendations of the Working Group on Scotland Without Nuclear Weapons were “equivocal.” “It appeared that a major reason for watering down the conclusions ... was to avoid giving any grounds for political opponents ...to claim that the Working Group (and by extension the Government) had stepped beyond the confines of the devolution settlement in the 1998 Scotland Act.” This book demonstrates where the LAR “went wrong in its interpretation of international law and the 1996 Advisory Opinion of the International Court of Justice on the threat and use of nuclear weapons.” Thus the Scottish Government was mistaken in taking the view that “the presence of Trident in Scotland remains governed in law by” the LAR. And, as the LAR got it wrong “it should no longer be relied upon by the Scottish Government.”

Aidan O’Neill QC points out that international law imposes duties upon States. And, as H.E. Judge Weeramantry clarifies, the Scotland Act actually provides that implementing international obligations are not reserved. Scotland therefore has the obligation to refuse to be complicit with the UK in deploying Trident. Its 2007 resolution urging the government of the UK “not to replace Trident at this time” did not go far enough.

Angie Zelter, in a written statement read out by Jean Oliver, asked “What is stopping Scotland?” She said the book was meant “to bring to public attention the international legal framework that if respected would lead to nuclear disarmament.”

I believe that if the contents of this book are taken seriously then Scotland could apply an effective and very necessary legal pressure on Westminster to have Trident dismantled. It might be the very spur needed for the UK as a whole to disarm its nuclear weapons. And this might also encourage other nuclear weapon states to disarm.

...The legal arguments to back up an immediate Scottish demand that the UK remove Trident from Faslane and nuclear warheads from Coulport are all here in this book. ...I am hoping that something like this would happen:-

Firstly, a highly visible public statement committing Scotland to uphold international humanitarian law would be made so that the major international press would publicise it. The statement would not only quote the Scotland Act 1998 Schedule 5 where it clearly states that observing and implementing international obligations are NOT reserved but it would also quote Judge Bedjaoui, in the book, specifying that any country is acting unlawfully by aiding and abetting any deployment and maintenance of nuclear warheads of 100 kt or comparable explosive power. Because, as he says, ’A 100 kiloton nuclear warhead, regardless of whether it was targeted to land accurately on or above a military target, would always fail the tests of controllability, discrimination, civilian immunity, and neutral rights and would thus always be unlawful’.

Then would come a demand that Trident and its associated warheads and infrastructure be removed from Scotland. This demand would not only cite international law but also the democratic rights of the Scottish people who have shown over many years their determination that Scotland be nuclear free. It might also cite the vast majority of countries who have called upon the nuclear weapon states to disarm. The demand would specify a short time limit for a response of a couple of months only.

Secondly, if no satisfactory response (ie an agreement to remove Trident from Scotland) was received within a 2 month time limit then the Scottish government, or some organisation like Trident Ploughshares, would go to the courts to argue their right not to be implicated in conspiring to commit war crimes. There are various legal routes that could be taken, ranging from a legal review of the UK decision not to remove Trident from Scotland, to a case in the International Court of Justice brought on Scotland’s behalf by another country who would join forces with Scotland on the grounds that the breaches of international law affects their country too.

For the full text of Angie Zelter’s statement click here.

The book makes clear that not only states but citizens have obligations to prevent war crimes and crimes against humanity, specifically the current deployment of Trident. H.E. Judge Weeramantry says citizens have the right to act: “Anti-nuclear civil resistance is the right of every citizen of his planet, for the prevention of such an international crime (as the threat or use of nuclear weapons) is basic to human dignity.”

This book is not only a handbook for lawyers and politicians in Scotland and beyond, but also for citizens who seek to better understand the exact nature of their obligation to prevent the grave crimes currently being perpetrated by the government.

The book can be purchased by sending a cheque for £15.00 for delivery in the UK (£12.99 plus postage) to:

Jean Oliver
43 Knocklea
Biggar
ML12 6EF

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