
Press Releases & Updates 1998
28th October 1998
Court Gridlock Looms as TP2000 Activists are Fined
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Trials of TP2000 activists are already scheduled in Helensburgh between
now and the end of March. A fresh crop of arrests will begin to flow from
the 10th November when the next week-long disarmament camp at Coulport
begins. The Scottish courts are facing a log-jam of peace activists, and
courts across the UK will be put on their mettle as the disarmers give
their attention to the 37 other Trident-related sites nation-wide.
The Pinochet affair has shown that we are beginning to accept the need to
have an overarching global system of law, based on humanitarian principles,
to which all individual citizens are accountable. This is the issue which
was put to the test in Helensburgh District Court yesterday as Helen
Harris, Marilyn Croser and Ellen Moxley appeared on charges arising from
the Trident Ploughshares direct disarmament camp in August. Marilyn and
Helen cut a hole in the perimeter fence at Coulport and were aiming to
damage the installations inside. Ellen had taken part in a blockade of the
Faslane base and had been chained to the gate.
All three defended themselves on the basis that the Trident nuclear system
was illegal under international law and that they were acting to prevent
crime. Ellen pointed out that the Advisory Opinion of the International
Court of Justice, by which Trident is unlawful, was not mere advice but was
an authoritative interpretation of how established codes of humanitarian
law on the conduct of warfare applied to nuclear weapons.
During his summing up the Procurator Fiscal used a bizarre argument saying
that just because his pen could theoretically be used to write poison pen
letters, his possession of it did not imply he would threaten to use it in
that manner. This was apparently an attempted analogy for Trident missiles.
People in court were left racking their brains to work out what other
purpose Trident missiles could serve, other than to threaten annihilation
or actually to carry it out.
Although JP Stirling admitted that his grasp of international law was
fallible, he still felt sure enough of his ground to find all three guilty
and to fine them. For Marilyn and Helen the fines amounted to 225 pounds
each while Ellen was fined 150 pounds. All three have made it clear that
they have no intention of paying.
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