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Press Releases & Updates 2001

31st March 2001

Campaigners Slam "Shabby" High Court Judgement

In a statement today Trident Ploughshares campaigners have described yesterday’s Scottish High Court judgement on the Trident Three Lord Advocate’s Reference as a shabby and incompetent piece of work, full of muddle and misrepresentation.

"A clear example of the lack of reasoning in the document is the claim that the question of Trident’s legality can only be considered in time of war. Common sense demands that if we are concerned at all about the legality of our weapons we examine that question as we prepare and deploy them - not wait until it is too late.

The judges also claim that the Respondents did not suggest ’..that what the Government were doing with Trident would be illegal or criminal apart from international customary law. ..’ The transcript shows that the Respondents clearly argued that Trident was illegal under conventional UK law and Scots law. The judgement completely ignores the submissions made on the basis of the Geneva Convention and the Nuremburg Principles. They have failed to answer the basic question: how could a 100 kiloton warhead could ever be used against a military target without unlawfully affecting protected citizens?

This perverse ruling follows Ministry of Defence policy very closely and is what one might generally expect from the judiciary in a nuclear weapon state. It was our hope that the Scottish High Court might be different and take the independent stance the citizens of Scotland expect. Under the aegis of such judges Scotland would be a safe haven for Slobodan Milosovic and the Nazi war criminals."


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