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Press Releases & Updates 2001
31st March 2001
Campaigners Slam "Shabby" High Court Judgement
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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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