Lord Advocate’s Reference

Lord Advocate’s Chambers,

25 Chambers Street, Edinburgh EH1 1LA.

14th July 2000

To Austin Mitchell Esq MP

Dear Mr Mitchell

SHERIFF GIMBLETT

You wrote to my predecessor in connection with the Lord Advocates reference arising out of the decision of Sheriff Gimblett in Her Majesty’s Advocate -v- Zelter and others. I have no doubt that the Advisory Opinion of the International Court of Justice will be considered in great detail by the High Court of Justiciary in dealing with the reference. The outcome of that Opinion is, however, vastly more complex than the simple proposition that the Court declared the use or threat of use of nuclear weapons illegal. Although the Crown argument has not yet been put into its final form, I anticipate that relevant aspects of the Opinion of the ICJ will be canvassed in some detail by the Crown. Two out of the three persons who were acquitted at the trial are legally represented in connection with the Reference. The third will be making her own submissions and the Court has appointed a highly experiences Senior Counsel as amicus curiae in respect of her position. I am, therefore, confident that all relevant issues will be explored fully before the High Court of Justiciary.

Yours sincerely

Colin D Boyd

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