
3. Dialogue with the state
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Tri-denting It Handbook, 3rd Ed (2001)
Part 3
Dialogue With The State
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Contents
3.1 Why Dialogue?
3.2 Summary of Dialogue with the Government and the Military
3.3 Dialogue with the Police
3.4 ’I Hope This is Helpful’
UK Nuclear Policy
Refusal To Divulge Information
The Government View on the Legality of Britain’s Nuclear Deterrent
The Nuremberg Responsibility of Serving Officers
References and Acknowledgements
3.1 Why Dialogue?

Dialogue and negotiation with the Government
and other state institutions, such as the police and
the judiciary, is seen as a very necessary part of the
TP campaign. If there is any willingness at all, on
the part of the British Government, to actually fulfil
their international and humanitarian obligations
by disarming Trident themselves, then we will not
have to undertake this work ourselves and can stop
our ploughshares actions.
We need to have dialogue to make sure that we
are listening to the Government and state
institutions and continually checking that our aims,
objectives and actions remain appropriate within the
changing circumstances.
We also need to apply the pressure of rational, logical discussion, to ask awkward questions,
show up inconsistencies and hypocrisies, all the
abuses which eventually develop in those holding power.
The dialogue of regular letters and contact backs
up our active, practical disarmament work and keeps
it alive and potent. We use the statistics of our
growing support from Parliamentarians, Bishops,
Professors and Organisations along with the growing number
of TP Pledgers and their arrests and imprisonments
to show our determination for nuclear disarmament.
The letters are often slow to be answered so we
ask supporting MPs to write on our behalf to get
decent replies, so our questions are not ignored. This
keeps the MPs up to date with the arguments too.
Often our questions are still unanswered, especially
the really critical one of how exactly can a 100
kiloton warhead be used in a way capable of
discriminating between a military target and civilians. We then
get our MPs to ask questions in the House of
Commons. These have yielded interesting replies (see Part 3.4).
Dialogue and resistance go hand in hand in order
to create social and political change.
Trident Ploughshares Requests the British Government to Commit to a Process of Nuclear Disarmament
i) The British Trident submarine system must immediately be taken off 24 hour patrols.
ii) No new Trident missiles are to be purchased from the United States.
iii) All British nuclear warheads must be
removed from their delivery systems and stored
separately.
iv) No further deployment of US nuclear weapons in Britain. Britain should work with its NATO
allies for withdrawal of all nuclear weapons from
Europe and for establishment of a policy not to
use nuclear weapons first or against non-nuclear-armed adversaries in any circumstances.
v) Trident missiles are to be returned to the
United States and the warheads to be returned to
AWE Aldermaston/Burghfield by an agreed date.
vi) Commitment to a timetable for the decommissioning of British nuclear weapons as fast as is feasible and safe, with a target date
for completion of 2010 at the latest.
vii) Pledge not to replace Trident or seek to
acquire nuclear weapons again.
viii) Conversion of Britain’s nuclear weapon facilities from research and development for
the maintenance and production of the nuclear
arsenal towards the decommissioning of nuclear
weapons and facilities, safe management and disposal
of nuclear materials under strict and effective national and international safeguards and
controls, and the enhanced verification of
international agreements on weapons of mass destruction.
ix) Active and constructive British involvement
in the determined pursuit by the nuclear-weapon states of systematic and progressive efforts
to reduce nuclear weapons globally, with the goal
of negotiating interim agreements leading to a nuclear weapons convention as early as
possible. The genuineness and constructiveness of
this commitment will be gauged from the positions taken by Britain in
United Nations General Assembly resolutions, the Non-Proliferation
treaty review process, the Conference on
Disarmament, five-power talks, NATO, and other related fora.
3.2 Summary of Dialogue with the Government and the Military
A group of independent advisors were consulted
in the pre-launch months between February and May 1998. They helped us outline our strategy and
draft the initial letter to Tony Blair. They remain in
the wings ready to help us in any meetings and negotiations that may start in the future,
and sometimes give advice. We agreed that we would
be open for negotiation and dialogue throughout
the whole project; that all disarmament actions
would proceed as planned unless we received, from
a person in authority, a written document agreeing
to the complete disarmament of the Trident system. The basic trade-off being that the Government
does the disarmament or we do it. All Pledgers would
be involved in deciding whether to accept any agreement that the Dialogue and Negotiation
team managed to facilitate but the agreement would
have to be within the spirit of the criteria set out in
the box.
Approaches were made to Government officials
and MPs and a meeting sought without success. On
the 18th March 1998 a letter was sent to Prime
Minister Tony Blair. It was the first in a long ongoing series
of letters. A summary of this correspondence is
printed below and some of the letters have been
reproduced in full. The website keeps copies and is
updated every few months.
Link to copies here
3.3 Dialogue with the Police
Link to copies here
3.4 ’I Hope This is Helpful’
An examination of the statements, questions and answers made in Parliament and letters
from Government Ministries.
The title is a wry reference to the way many
letters from Government offices end. It often comes after
a complete brush-off to our queries. On the other hand, the letters are oddly useful. They allow us
to hoist the nuclear establishment with its own
petard, bearing in mind that a petard is a delayed fuse to
a barrel of gunpowder which ignites prematurely
and that ’hoist’ was originally a Dutch word
meaning ’blow up’.
This analysis builds on Government replies to a relentless stream of letters from
anti-nuclear activists, from Parliamentary Questions put
by friendly MPs and from the Strategic Defence
Review. It concentrates on the legality of Trident.
The Government statements and letters tend to be
very repetitive and so only a fraction of the material
has been reproduced here. Similar information on
other areas of interest such as the Protocols Additional
to the Geneva Convention, the UK’s record in
Nuclear Weapons Negotiations, and its policy on
De-Alerting and No First Use can be sent to you if you want
from George at the World Court Project.
The pattern consists of quotes from government material with commentary interspersed. There
are four sections with some inevitable overlap. Sometimes only parts of documents have
been reproduced, and at times one document appears under more than one section.
UK Nuclear Policy
Geoffrey Hoon, Minister of Defence, to Lord Murray, 3 November 1999.
’We believe that this combination of working
for further progress in arms control with the ultimate
goal of the elimination of nuclear weapons, while maintaining a minimum nuclear deterrent in
the current security circumstances, represents a
coherent, moral and military sound contribution to
British security.’
This sums up UK Government policy and repeats the Strategic Defence Review (SDR), para 60, of 8 July 1998.
’Trident is our only nuclear weapon. We need to
ensure that it can remain an effective deterrent for up to
30 years. This is why we need a force of four
Trident submarines’ (SDR para 62).
Thus, the ’current security circumstances’ seem
set fair for several decades. and even up to 2028,
which will see many of us out - one way or another.
’...it would be premature to abandon a
minimum capability to design and produce a successor to
Trident should this prove necessary.’ (SDR Supporting
Essay, ’Deterrence, Arms Control, and Proliferation’, para 14).
Even to think this thought suggests that the government sees no real possibility of a world free
of nuclear weapons. This is not just ’existential deterrence’ - mere possession. The SDR
Supporting Essay Deterrence, Arms Control and
Proliferation, para 13, says that,
’Consideration was given to more radical
de-alerting measures, such as taking submarines off
deterrent patrol, and removing warheads from their missiles
and storing them separately ashore. Our work
concluded, however, that neither step would be compatible
in current circumstances with maintaining a
credible minimum deterrent with a submarine-based
nuclear system.’
One World Court Project Supporter pointed out that,
’The fate of humanity and possibly all life on Earth
is therefore to be risked for this, the final, intransgressible justification for maintaining
nuclear arsenals.’
This is certainly at odds with the International Court
of Justice (ICJ) Advisory Opinion, 8 July 1996 Para 105 F:
’There exists an obligation to pursue in good faith
and bring to a conclusion negotiations leading to
nuclear disarmament in all its aspects under strict and
effective international control.’
It sits ill with the promises Britain made when
it accepted the Programme of Action at the NPT
Review Conference in May 2000 and voted for the
New Agenda Resolution in November 2000.
Stephen Willmer, Ministry of Defence, to
Alan Wilkie, 20 April 2000.
’The maintenance of a minimum nuclear deterrent as
a means of ensuring the stability in which nuclear disarmament can become a reality is a sensible
and honest policy, that meets both the
Government’s immediate security and longer term goals.’
It is not clear how we can hope to achieve a
nuclear-free world by maintaining and enhancing
our preparations for nuclear war.
Refusal To Divulge Information
George Robertson, then Secretary of State
for Defence to Austin Mitchell MP, 23 August 1999.
’Dear Austin
Thank you for your letter of 22 July 1999
requesting a meeting to discuss the legality of Trident.
I am afraid that such a meeting would serve
little purpose. We have repeatedly made our position
clear. We do not consider the possession or use of
nuclear weapons as such to be illegal. Nor does our
position conflict with the Opinion of the International Court
of Justice. If the Court had thought that it was
impossible to use nuclear weapons in accordance
with international law, it would have said so.’
This is a classic brush-off. The delegation would
have consisted of three Members of Parliament, and
Lord Murray, a former Lord Advocate of Scotland. There
is a complete refusal to discuss the matter, even
with very well-informed and distinguished people,
and with no real reason given - only bald assertions.
Alan Hughes, Ministry of Defence, to Sister
Mary Lampard, 26th June 2000.
’As regards the yield of Trident nuclear warheads
the Government’s position is not to comment. Such information is
classified.’
The legal status of Trident depends on its effects
and therefore its yield. Classified information is one
more way of avoiding the legal issue.
Stephen Willmer, Ministry of Defence, to
Angie Zelter, 2 March 2000.
’The threshold for legitimate use of nuclear
weapons clearly is, and should be, a very high one... However,
an action that is legal in one set of circumstances can
be illegal in different circumstances. The
Government continues to believe that there is no useful benefit to
be gained from hypothetical speculation on where precisely the dividing line would lie. Nor does
the Government believe that any conceptual planning
on potential use of nuclear weapons carried out by
the Ministry of Defence can reasonably be made open
to public scrutiny. Secrecy in this area plays an
important part in enabling the United Kingdom to maintain
a credible minimum deterrent capability at the
lowest possible level.’
The paragraph has to be looked at as a whole.
It suggests that the ’conceptual planning’
involves legal criteria; and that these legal criteria
themselves cannot be disclosed because they are essential
to deterrence. So the legal thinking is classified as
well. How can courts operate correctly under such restrictions? How can Trident disarmers know
the limits of the law? This suspicion is confirmed by
the Parliamentary exchange which follows.
Legality of Nuclear Weapons, 17 November -
21 December 1999, House of Commons, Written Questions, 13 Dec 1999: Column:
30W,
Nuclear Deterrence Policy.
Mr. Tony Benn: To ask the Solicitor-General what
advice he has sought on the legality of British
nuclear deterrence policy. [102132]
The Solicitor-General: ... As a matter of
convention (observed by successive Governments) neither
the substance of the Law Officers’ advice on a question,
nor the fact that they have been consulted, is
disclosed outside Government, other than in
exceptional circumstances.
Mr. Tony Benn: To ask the Solicitor-General
what representations he has received about permission for
a private prosecution of those responsible within Government for infringements of
international humanitarian law based on the Government’s
nuclear deterrence policy. [102131]
... A request for permission for a private
prosecution under the Geneva Conventions Act 1957 was
received last year. However, the Law Officers take the view
that the application of the Government’s nuclear
deterrence policy does not involve an infringement of
either domestic or international law, and
accordingly permission was not given.
Of course, many such initiatives have been taken
by nuclear resisters to bring private prosecutions.
Here we have a little more insight into the thinking
behind the relentless blocking of these over the years.
Douglas Henderson Minister of State for the
Armed Forces to Nigel Waterson MP, in response to a
letter from Leslie Dalton, 1 June 1999.
’Dear Nigel
... We are confident that the Opinion does not require
a change in the UK’s or NATO’s entirely defensive nuclear deterrence policy. It follows that those
who operate Trident submarines are acting legally under
the Nuremberg Principles.
Any decision on the use of UK nuclear weapons
would always be taken centrally by Ministers. Legal
advice from the Government’s legal advisers was available
to Ministers and senior officers and officials in considering within the Strategic Defence Review
(SDR) the nuclear options we might need to have available
to maintain a credible minimum deterrent throughout
the life of Trident. Legal advice would also be available
to Ministers if circumstances were extreme enough for
us ever to have to consider the use of nuclear weapons
to defend ourselves from attack. We are satisfied that
our arrangements to ensure informed legal advice in
such circumstances are fully adequate.’
This is an account, not very convincing, of how
the legality of Trident was assessed for the
Strategic Defence Review. We have not been able to
discover what legal advice was given. The idea that
considered legal advice would be available during a
nuclear crisis beggars belief and has something in
common with the Civil Defence advice of the 80’s.
The Government View on the Legality of Britain’s Nuclear Deterrent
John Spellar, Minister of State at the Ministry
of Defence, to Alan Keen MP, in response to a
letter from Joanna Bazley, 27 July 2000.
’In fact, the ICJ confirmed that the legality of
the threat of use, or use, of nuclear weapons is governed by the same laws of war as determine
the legality of any other form of weapons not specifically prohibited under international law.
Such legality can only be determined in the light of
the specific circumstances applying when such
threat of use, or actual use, is being considered as
an action that is legal in one set of circumstances
may be illegal in different circumstances. The Government continues to believe that there is
no useful benefit to be gained from hypothetical speculation on where precisely the dividing
line might lie between circumstances where use is
legal and those were it would be illegal...
In light of the ICJ’s Advisory Opinion, the Government continues to believe that its
minimum nuclear deterrent is entirely consistent
with international law. A public enquiry is therefore
not necessary.’
Note that the Government uses the ICJ Opinion
to argue its own case at the beginning and end of
the above extract. This approach is repeated in
several letters and statements. We therefore do not need
to argue for the authority of the Opinion. The Government has done it for us.
However, two important issues are being evaded.
The response misses the point. The government has never been asked for ’hypothetical speculation’,
but for general legal guidelines. It has not been asked
to explain the legality of ’nuclear weapons’ in
general, but of Trident in particular.
Stephen Willmer, Ministry of Defence, to
Geoffrey Carnall, 15 December 1999.
’The Government agrees entirely with the Court that
a threat or use of force by means of nuclear
weapons that is contrary to Article 2(4) of the UN Charter
and that fails to meet all the requirements of Article 51
is unlawful. Article 2(4) prohibits any use of force in
a manner inconsistent with the Purposes of the
United Nations...
Additionally, as the Court made clear, and as
the United Kingdom argued in its evidence to the
Court, the principles and rules of international
humanitarian law apply to nuclear weapons, as they do to
all weapons...
The Government has made it clear that the
United Kingdom would only consider using nuclear
weapons in self defence and in extreme circumstances,
and subject to the rules of international law, and humanitarian law, applicable in armed conflict...
However, the legality of any specific threat or use
of force, including with nuclear weapons, can only
be determined in the light of all the
circumstances applying at the time. It is impossible to anticipate
in advance with any confidence the exact
circumstances which might arise, and the Government does
not believe that speculation on particular hypothetical
uses serves any useful purpose...’
This is the fullest explanation we have seen in
a letter of the Government’s legal position. The
refusal to speculate on the ’exact circumstances’ is
a constant theme in the letters.
However, in the main it adopts a similar position
to that of World Court Project UK and Trident Ploughshares - that nuclear weapons are subject
to humanitarian law and that humanitarian law
applies in all circumstances - that it is intransgressible.
Therefore the Government must accept our view
that the Opinion, (para 86, 105, 2D) says that
weapons which could not distinguish between civilian
and military targets, would be unlawful; and that even
if a nuclear response were proportionate to a threat
or attack, it would still have to meet the
requirements of humanitarian law. (Opinion para 42).
But there is a yawning gap. Nowhere is it
explained how Trident could ever meet this exacting test.
This is why we need a publicly accountable legal audit
of Trident.
Legality of Nuclear Weapons, 10 January
House of Commons, Written Questions, Nuclear Weapons.
Mr Hoon ... The relevant section on Nuclear
Weapons [of the Law of Armed Conflict for the Armed
Services] ... reads:
’There is no specific rule of international law,
express or implied, which prohibits the use of nuclear
weapons. The legality of their use depends upon the
application of the general rules of international law,
including those regulating the inherent right of self defence
and the conduct of hostilities. Those rules cannot
be applied in isolation from any factual context to imply
a prohibition of a general nature. Whether the use,
or threatened use, of nuclear weapons in a particular
case is lawful depends on all the circumstances.
Nuclear weapons fall to be dealt with by reference to the
same general principles as apply to conventional weapons...’
The Government phrase that ’Those rules cannot
be applied in isolation from any factual context to
imply a prohibition of a general nature’ is
surely inconsistent with the determination from the
Court ’that the threat or use of nuclear weapons
would generally be contrary to the rules of international
law applicable in armed conflict, and in particular
the principles and rules of humanitarian law’.
Professor Francis Boyle comments that,
’This language is helpful. At least we can use it in
any future anti-nuclear protest case in the UK. We
would simply take the UK government statement at its
word, and contextualize the particular nuclear
weapons system in dispute. This is exactly what we
successfully did at Greenock. We did not argue the illegality
of nuclear weapons as an abstract proposition. Rather,
we argued that the particular characteristics of the
Trident 2 (targeting strategy, destructive power,
casualties, deployment, command and control, etc.) made
it criminal under international law.’
Peter Weiss (Lawyers Committee on Nuclear
Policy) points out:
’... in articles 35 and 36 of the Opinion reference is
made to the ’unique characteristics of nuclear
weapons’, which ’render the nuclear weapon
potentially catastrophic’ because, inter alia, its
enormous destructive power ’cannot be contained in either
space or time’. The third subparagraph of par. 35 deals
with the effects of the radiation released by nuclear
weapons on ’health, agriculture, natural resources
and demography over a wide area’. ’Ionizing radiation’,
the Court says in this passage, ’has the potential to
damage the future environment, food and marine
ecosystems, and to cause genetic defects and illnesses in
future generations’. All of this would clearly be applicable
to Trident 2 if anything were known about its characteristics.’
Peter Weiss also tackles the ’the inherent right of
self defence’ referred to by the Minister. In par. 41,
the ICJ quotes from the Nicaragua case the
generally accepted principle that ’self-defence would
warrant only measures which are proportional to the
armed attack and necessary to respond to it.’ But it
then goes on to say, in par. 42:
’The proportionality principle may thus not in
itself exclude the use of nuclear weapons in all circumstances. But at the same time, a use of force
that is proportionate under the law of self-defence must,
in order to be lawful, also meet the requirements of
the law applicable in armed conflict which comprise
in particular the principles and rules of
humanitarian law.’
To put it colloquially, Show me a nuclear weapon
and I will show you a weapon that violates
humanitarian law, so don’t talk to me about self-defence or,
for that matter, necessity.
However, it may be claimed that the UK Trident system has a sub-strategic role, in which
some missiles are fitted with maybe only a single,
lower yield warhead.
C H J Davies, Ministry of Defence, to Liz
Waterston, 27 October 1998.
’A sub-strategic capability is an essential element
in ensuring that no nuclear-armed aggressor could
gamble on us being self-deterred from crossing the
nuclear threshold in extreme circumstances of self-defence
by fear of an inevitable strategic exchange. In
such circumstances this capability would allow the
limited use of nuclear weapons to send an aggressor a
political message of the Alliance’s resolve to defend itself.
The UK has a degree of flexibility in the choice of yield
for the warheads on its Trident missiles.’
It is quite likely that this sub-strategic
capacity comprises the first stage of a normal 100
kiloton warhead with a yield of ’only’ one kiloton
or thereabouts. Even this is an enormous
explosion, equivalent to about 35 container trucks of
TNT parked outside a busy court. This would still
spread lethal radiation and cause indiscriminate
deaths. However, the main point to make is that even if
the Trident warheads can be used in this way, they
are still capable of yielding 100 kilotons and are therefore subject to the legal arguments
applying to such monsters of destruction.
Legality of Nuclear Weapons, 10 January
House of Commons, Written Questions, Nuclear Weapons.
Mr. Corbyn: To ask the Secretary of State for Defence (1) what assessment his Department
has carried out of the long-term effects of a 100
kiloton Trident on a military target; [104074] (2)
what assessment his Department has carried out of
the effects of a 100 kiloton Trident warhead
detonation on the civilian population living near military
targets. [104073]
Mr. Hoon: The Trident missiles on which our
nuclear deterrent is based have been de-targeted since
1994. Our judgement of the minimum level of
deterrence required is supported by comprehensive
computer modelling which enables us to assess the effects
of nuclear detonations. A number of factors are taken
into account in this assessment. As Lord Robertson
made clear to my hon. Friend the Member for Newport,
West (Mr. Flynn) on 4 February 1998, Official Report,
column 655W, these include the yield and design of the
weapon used; the accuracy of the delivery system employed;
the nature and construction of the target; the characteristics of the surrounding terrain; the height
of the detonation; and geological and weather
conditions. I am withholding information on UK nuclear
warhead yield under Exemption 1 of the Code of Practice
on Access to Government Information, relating to
defence, security and international relations.
The ’number of factors taken into account in
this assessment’ do not include the crucial one -
the likely effects on the civilian population. Without
this, and the fact that information on Trident’s yield
is withheld, neither we, nor the lawyers advising
the government can make a legal assessment of any likely use.
Stephen Willmer, Ministry of Defence, to
George Farebrother, 10 September 1999.
’It is of course also true, as you say, that the
general principles of international humanitarian law
are incorporated in English and Scottish law. I
appreciate that you believe that the United Kingdom’s
nuclear deterrent is in breach of those principles, and that
you therefore consider action to oppose it legally
justified. The Government strongly supports the right of
anyone to demonstrate peacefully and in accordance with
the law in support of causes in which they
believe. However, as you know, the Government is
confident that Trident is consistent with international law,
and that the personnel involved in its operation
and support are acting entirely legally. Unless the
British Courts were to find otherwise, the civil police
and Service personnel are therefore equally obliged at
law to prevent unauthorised access to private property
and controlled defence facilities...’
Again, the first sentence would be completely
in agreement with the WCP UK and Trident Ploughshares view. The last sentence should
be stored in our collective memory for future use. Perhaps it all depends what you mean by
’Unless the British Courts were to find otherwise...’
Stephen Parkinson of the Attorney General’s Office to Andrew Gray, 7 January 2000.
’The Attorney General does not share your view
that legal questions have been raised about
nuclear weapons in general, or the Trident system in
particular, such as to justify investigation. The Government
is confident that the UK’s minimum nuclear deterrent
is compatible with its obligations under
international law.’
The only known letter from the Attorney
General. Very brisk. We must look out for future developments whichare ’such as to
justify investigation’. At least he doesn’t end with ’I
hope this is helpful’.
GeoffreyHoon, Minister of Defence, to Lord Murray, 3 November 1999.
’At the same time, we are working to remove the
risk of the proliferation of nuclear, biological and
chemical weapons worldwide, while maintaining a
robust defensive capability to protect British interests in
the event of their use.
We would only ever use our nuclear weapons in
self-defence and in extreme circumstances.’
There are many questions here. The claim is
that NWs are only for use in extreme circumstances.
What these consist of is never made clear. The
paragraph suggests that they could be used to deter chemical
or biological threats, or even to protect British ’interests’ - far short of the ’extreme
circumstances’ mentioned, and certainly disproportionate.
The government refuses to clarify this, in spite
of repeated requests to do so. It has never
defined exactly what is meant by ’British interests’.
The Nuremberg Responsibility of Serving Officers
Douglas Henderson Minister of State for the
Armed Forces to Nigel Waterson MP, in response to a
letter from Leslie Dalton, 1 June 1999.
’We are confident that the opinion does not require
a change in the UK’s or NATO’s entirely defensive nuclear deterrence policy. It follows that those
who operate Trident submarines are acting legally under
the Nuremberg Principles.’
The implication about the Nuremberg Principles
is bald and unfounded. However, we are assured
that training in international law actually takes place:
House of Commons, Written Questions, 20 Dec 1999: Column: 362W, Training (International Law).
Mr. Drew: To ask the Secretary of State for Defence if
he will make a statement on what training is provided
for (a) officers and (b) other ranks, on
understanding international law. [103228]
Mr. Spellar: Training in aspects of international
law, and specifically in the ’Law of Armed Conflict’,
is provided to both officers and other ranks of all
three services as part of initial basic training, in
accordance with the requirements of the Hague and
Geneva Conventions. Further training in international
law, again covering the legitimacy of military
operations and on the conduct of waging war, is provided on
a wide range of specialist training courses, on both
a single service and joint service basis.
Furthermore, additional training and briefings relating to
relevant international law, are normally provided to
formed units of all three services by legal specialists prior
to operational deployment.
So we must assume that officers serving on
Trident submarines know that the Nuremberg
Principles apply to them and that any illegal order to fire
must be disobeyed. According to the following, the
basic guidance comes from the ’Law of Armed Conflict
for the Armed Services’ which is to be updated late
in 2000.
Legality of Nuclear Weapons, 10 January
House of Commons, Written Questions, Nuclear Weapons.
Mr. Corbyn: To ask the Secretary of State for
Defence (1) if he will make a statement on the application of
the Nuremberg Principles to military personnel ordered
to use, or to threaten the use of, nuclear weapons;[104075]
(2) what measures he has taken to make military personnel who operate Trident aware of
their obligations under international law since
the International Court of Justice delivered its
Advisory Opinion on nuclear weapons; [104076]
Mr Hoon: ...The relevant section on Nuclear
Weapons [of the Law of Armed Conflict for the Armed
Services] was reconfirmed following the 1996 Advisory
Opinion of the International Court of Justice on the use
or threat of use of nuclear weapons.
The fact that the section on Nuclear Weapons
was reconfirmed suggests that the Advisory Opinion
had no impact on the Government’s legal thinking or
on legal advice it gave to Trident submariners.
However, the following interchange does suggest a lack
of serious thinking on which to base this advice:
Legality of Nuclear Weapons, 10 January
House of Commons, Written Questions, Nuclear Weapons.
Mr. Corbyn: To ask the Secretary of State for
Defence what discussions he has had, and with whom, on
the application of international humanitarian law to
the use of Trident. [104072]
Mr. Hoon: I have had no specific discussions on
the application of international humanitarian law to
the use of Trident. The United Kingdom’s minimum nuclear deterrent is consistent with international law.
Mr. Corbyn: To ask the Secretary of State for
Defence what information senior officers on
Trident submarines are given on the specific yields
and likely targets of the missiles they are responsible
for. [104077]
Mr. Hoon: The Trident missiles on which our
nuclear deterrent is based have been de-targeted since 1994.
In the circumstances, of our having to use our
nuclear weapons, members of the patrolling submarine
crew would be provided with the information they need
to discharge their duties. I am withholding the details
of this information under Exemption 1 of the Code
of Practice on Access to Government Information
relating to defence, security and international relations.
This is serious. As there has been ’no
specific discussions on the application of
international humanitarian law to the use of Trident’, how
can serving officers be advised properly about
their Nuremberg responsibilities - bearing in mind
that international law must be applied to Trident
itself rather than to nuclear weapons in general?
The fact that the weapons have been ’de-targeted’
is a cloak. We know that they can be re-targeted
very quickly (’We will, however, ensure that we
can restore a higher state of alert should this
become necessary at any time’ SDR para 68). The
computer plans must still be there. Do the relevant
officers even know the targets or do they fire blind?
Would they know the necessary details to enable them to
be able to judge if their acts would be responsible
even after they had been ’provided with the
information they need to discharge their duties’ if given an
order to fire? It seems unlikely, given the apparent lack
of assessment of the effects of Trident warheads
on civilians living in target areas, that they would
have enough information to consider their
Nuremberg obligations in a time of crisis. They would be
allowed, by default, to become war criminals.
References and Acknowledgements
3.1 Dialogue and Negotiation Team
A Summary of Dialogue and Negotiation Work of
TP2000 - Angie Zelter 2000.
The Strategic Defence Review - CND Submission,
William Peden, June 1997.
Taking Nuclear Forces off Alert - Commander
Robert Green.
3.2 Summary of Dialogue with the Government and the Military
Copies of all letters can be received from the
core group, and many of them are stored on our website.
3.4 ’I Hope This is Helpful’
This section was written by George Farebrother, November 2000. He and the World Court Project can be contacted for further information (see
’Useful Addresses’, Part 10).
All articles in this section
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