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From: owner-abolition-usa-digest@lists.xmission.com (abolition-usa-digest)
To: abolition-usa-digest@lists.xmission.com
Subject: abolition-usa-digest V1 #200
Reply-To: abolition-usa-digest
Sender: owner-abolition-usa-digest@lists.xmission.com
Errors-To: owner-abolition-usa-digest@lists.xmission.com
Precedence: bulk
abolition-usa-digest Thursday, October 21 1999 Volume 01 : Number 200
----------------------------------------------------------------------
Date: Thu, 21 Oct 1999 12:55:49 -0500
From: "Boyle, Francis" <FBOYLE@LAW.UIUC.EDU>
Subject: (abolition-usa) Trident2 Condemned in Scotland!BBC:CND campaigners walk free
- -----Original Message-----
From: MichaelP [mailto:papadop@peak.org]
Sent: Thursday, October 21, 1999 12:48 PM
To: unlikely.suspects
Subject: CND campaigners walk free
As you will see from the context - this relates to a proceeding in a
Scottish court where the judges are called "Sheriff".
Cheers
MichaelP
================
BBC October 21
CND campaigners walk free
The Trident programme has cost millions of pounds A sheriff has allowed
three anti-nuclear activists to walk free on charges of damaging a Trident
nuclear submarine after she said the weapons were illegal under
international law.
The CND campaigners were accused of attacking a barge and laboratory
equipment at the Faslane Naval Base near Lochgoilhead, Argyll.
But a jury at Greenock Sheriff Court was ordered to acquit the women after
Sheriff Margaret Gimblett ruled they had a right to "disarm" the base.
The three women, Angela Zelter, 48, Ellen Moxley, 45, and Bodil Ulla
Roder, 45, who is Danish, faced three charges of maliciously damaging
equipment at the base.
There were cheers and applause as the women walked free from the court
after the trial which has lasted four and a half weeks.
They had been held on remand at Cornton Vale Women's Prison since their
arrest at the Clydeside base on 8 June.
The women were arrested after boarding a barge which was part of the
Trident installation.
They had been charged with maliciously damaging the vessel called Maytime,
stealing two inflatable life rafts and damaging equipment in an on-board
laboratory.
'Acting to prevent a crime'
The equipment was thrown overboard into Loch Goil before they were
arrested by Ministry of Defence police.
But Sheriff Gimblett said she accepted the argument put forward by defence
advocate John Mayer who said Trident was illegal under international law
and the women were acting simply to prevent a crime.
Mr Mayer said a ruling by the International Court of Justice in 1996 made
Trident and all nuclear weapons illegal.
This meant the women had basically committed a crime but were acting to
prevent other crimes taking place and so in Scots law should be acquitted,
he told the court.
'Be very careful'
Addressing the activists after the jury had delivered a formal verdict,
the sheriff told them they should not regard this as meaning they would be
able to carry out such actions recklessly.
"Yesterday I made it clear that the courts do not allow crimes to be
committed to prevent other crimes except in very special circumstances,"
she said.
"There were such circumstances in this particular case and the same
circumstances may not apply to anyone who carries out actions similar to
those carried out at Maytime in June.
=================================
*** NOTICE: In accordance with Title 17 U.S.C. Section 107, this material
is distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational
purposes. ***
- -
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with "unsubscribe abolition-usa" in the body of the message.
For information on digests or retrieving files and old messages send
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------------------------------
Date: Thu, 21 Oct 1999 15:59:53 -0500
From: "Boyle, Francis" <FBOYLE@LAW.UIUC.EDU>
Subject: (abolition-usa) FW: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
- -----Original Message-----
From: Boyle, Francis
Sent: Thursday, October 21, 1999 3:58 PM
To: Boyle, Francis; 'International Justice Watch Discussion List'
Subject: RE: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
PS. John: In case you missed my point: It might not be a very smart thing
for the government to do to appeal this decision when they never put in ANY
evidence that i am aware of in support of Trident2--as the trial judge
pointed out. although I am no expert on UK Courts, i take it that like all
other appellate courts, they are generally limited by the trial record.
would you recommend to the UK Gov for or against an appeal under those
circumstances? fab
- -----Original Message-----
From: Boyle, Francis
Sent: Thursday, October 21, 1999 2:59 PM
To: 'International Justice Watch Discussion List'
Subject: RE: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
The UK government never came in to defend Trident2: You can't defend the
indefensible! FAB
- -----Original Message-----
From: R. John Pritchard [mailto:kempner@GLOBALNET.CO.UK]
Sent: Thursday, October 21, 1999 2:59 PM
To: JUSTWATCH-L@LISTSERV.ACSU.BUFFALO.EDU
Subject: Re: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
Importance: High
I would think it inconceivable that the Prosecution will not appeal against
these Acquittals (as they are entitled to do under British law) and I should
be astonished if the Court of Appeal or House of Lords upheld Sheriff
Gimblett's opinion. In the event that the Sheriff is overturned, then
perversely Francis Boyle WILL have his stare decisis in time, albeit not one
to his liking. Still, Francis Boyle's capacity to amaze us may not be
exhausted and on a rainy autumn evening, his contribution to this discourse
cannot help but make us smile appreciatively at his sheer audacity and
inventive mind! One idle question, at least, remains to be answered: Were
the faces of Prosecuting Counsel scarlet or drained of all colour when
Sheriff Gimblett made her decision(s) in this case?
R. John Pritchard
> -----Original Message-----
> From: International Justice Watch Discussion List
> [mailto:JUSTWATCH-L@LISTSERV.ACSU.BUFFALO.EDU]On Behalf Of Boyle,
> Francis
> Sent: 21 October 1999 17:32
> To: JUSTWATCH-L@LISTSERV.ACSU.BUFFALO.EDU
> Subject: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
> Importance: High
>
>
> Please forward.
>
> -----Original Message-----
> From: Scottish CND [mailto:cndscot@dial.pipex.com]
> Sent: Thursday, October 21, 1999 11:18 AM
> To: Multiple recipients of list
> Subject: Sheriffs decision on Trident
>
>
> Greenock Sheriff Court 2.08 pm Wednesday 20th October 1999
>
> Sheriff Margaret Gimblett:
>
> The defence is based on two matters:
>
> Firstly the three accused consider Trident was being used illegally
> based on an understanding on what international law said and on
> advice given
> to them;
> if they were right that the use and threat of nuclear weapons was illegal,
> not just
> possession, then they had a right given the enormity of the risks
> of nuclear
> weapons
> to try and do something to stop that illegality.
>
> Secondly they had an absolute necessity, in which case it didn't matter
> whether
> Trident is illegal or not, the necessity was there.
>
> In considering this I have really not a great deal to go on other
> than what
> the
> ICJ said in 1996 and their opinion, which although advisory,
> acknowledges in
> words
> what is authoritative and agreed by all. On the face of it
> very careful consideration should be given to its terms.
>
> In reaching their opinion the ICJ based the opinion on all the body of law
> that
> went before it which was carefully outlined. That law was canvassed in
> court.
> The opinion did not say possession of nuclear weapons was illegal,
> nowhere does any law say that.
>
> Even our own High Court of Judiciary has said that possession of nuclear
> weapons is not itself illegal. They did not consider the law except
> as far as it related to possession. The Helen John case can be
> distinguished. Here there is a defence of international law and
> necessity, but the whole defence hinges on the use made of nuclear
> weapons now and the percieved threat or threats made by the nuclear
> state. The use or threat of use, I would conceed that the ICJ did
> not say that in all circumstances threat or use of nuclear weapons
> was universally prohibited. Equally there no conventional law that
> authorises
> the threat or use of nuclear weapons.
>
> They issued what may be considered an enigmatic decision which
> has been read
> on a number of occassions "the threat or use of nuclear
> weapons would be generally contrary to the rules and principles of
> international law applicable in armed conflict and in particular the
> principles and rules of humanitarian law. However, in view of the current
> state
> of international law and of the elements of fact at its disposal,
> the Court
> cannot
> conclude definitively whether the threat or use of nuclear weapons
> would be lawful or unlawful in an extreme circumstance of
> self-defence, in which the very survival of the State would be at
> stake."
>
> The last words are important. We do not know what they meant by
> generally,
> but their final
> conclusion implies that the use or threat could only apply in very
> tight circumstances of sefl defence the very survival of the state.
> The President of the ICJ said "I cannot overemphasise that the inability
> of the court to go further than the formal pronouncement at which it has
> arrived cannot in any way be interpreted as a half-open door to
> recognition
> of the legality of the threat or use of nuclear armaments."
>
> Also the way in which the judges voted showed that a majority voted
> against the use of nuclear weapons. Lord Murray quote on this
> very helpful
> given the status of Lord Murray:
>
> "Turning to the central matter the judges were divided until the
> President's
> casting
> vote. The court decided that the threat or use of nuclear weapons is
> unlawful under all
> circumstances except last resort self-defence to avoid
> annihilation. Three
> of the
> judges dissenting took the opposite view to the other four
> dissenters. Four
> said that
> nuclear threat or use in not unlawful. The other three considered that
> nuclear threat
> or use is always unlawful. It follows that an absolute majority of 10 out
> of 14 judged
> that the threat or use of nuclear weapons is either entirely illegal or
> generally
> illegal subject to one possible exception. A two thirds majority rejected
> the general
> lawfulness of nuclear weapons."
>
> I have the ividious task of deciding on international law as it relates to
> nuclear weapons.
> I am only a very junior sheriff without the wisdom or experience of those
> above me. I have
> a knowledge of the repercussions which could be far reaching. As
> a sheriff
> I took an oath
> to act without fear or favour in interpreting the law.
>
> A point of international law has been raised here and I have to answer it.
> I take comfort from the fact that there are other higher courts which can
> rectify any
> mistake.
>
> In the absence of anything other than the ICJ and having regard to the
> article by Lord
> Murray, in particular the part relating to treaties and conventions ...
>
> Lord Murrays article concludes "there then are the principles on which
> the lawfulness of the proposed use of a particular weapons are to be
> assessed .. to be noted that in so far as they consist of international
> customary law they are part of the domestic laws of this country."
>
> I listened carefully to Professor Boyle and have taken into
> account all the
> evidence in this case from him and the other experts and in the
> absence of any expert contradictory
> evidence from the crown, I have to conclude that the three accused in
> company with many others were justified in thinking that Great
> Britain in their use of Trident, not simply possession, the use and
> deployment of Trident allied with that use and deployment at times of
> great unrest, coupled with a first strike policy and in the absence
> of indication from any government official then or now that such use
> fell into any strict category suggested suggested in the ICJ opinion
> .. the threat or use of Trident could be construed as a threat, has
> indeed been construed by others as a threat and as such is an
> infringement of international and customary law.
>
> The three took the view that if Trident is illegal, given the horrendous
> nature
> of nuclear weapons, they had the obligation in terms of
> international law to do whatever little they could to stop the deployment
> and use of nuclear weapons in situations which could be construed as
> a threat.
>
> It follows, if I consider that Angie Zelter, Ulla Roder and Ellen Moxley
> were justified in the first leg of their defence and having given that
> as the principle reason the crown has a duty to rebut that defence.
> They have not done so and so I uphold the three defence submitions
> in so far as they refer to malicious and willful damage.
>
> I uphold the comments of Mr McLaughlin with regard to malice. Gordon
> says "no act is punishable unless it is committed with a criminal
> mind ..." I have heard nothing which would make it seem to me that
> the accused acted with criminal intent Therefore I will instruct the
> jury that they should acquit all three accused on charges 1 to 3
> which leaves only the alternative in charge 4, they should also be
> acquited on the first alternative in charge 4.
>
> I anyone else takes such action they do so at their peril. The law
> is not clear on nuclear arms. I may be totally wrong. If it goes to
> appeal I may not be upheld and every case depends on whatever
> circumstances. What I have said is with regard to the very special
> circumstances of this trial and in the light of international tension
> around June 8th.
>
- -
To unsubscribe to abolition-usa, send an email to "majordomo@xmission.com"
with "unsubscribe abolition-usa" in the body of the message.
For information on digests or retrieving files and old messages send
"help" to the same address. Do not use quotes in your message.
------------------------------
Date: Thu, 21 Oct 1999 16:04:25 -0500
From: "Boyle, Francis" <FBOYLE@LAW.UIUC.EDU>
Subject: (abolition-usa) RE: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
Right Tony: Why don't the English put their Trident2s in Brighton instead of
Scotland! fab.
- -----Original Message-----
From: Anthony D' Amato [mailto:a-damato@NWU.EDU]
Sent: Thursday, October 21, 1999 3:58 PM
To: JUSTWATCH-L@LISTSERV.ACSU.BUFFALO.EDU
Subject: Re: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
At 08:59 PM 10/21/99 +0100, you wrote:
>I would think it inconceivable that the Prosecution will not appeal against
>these Acquittals (as they are entitled to do under British law) and I
should
>be astonished if the Court of Appeal or House of Lords upheld Sheriff
>Gimblett's opinion. In the event that the Sheriff is overturned, then
>perversely Francis Boyle WILL have his stare decisis in time, albeit not
one
>to his liking. Still, Francis Boyle's capacity to amaze us may not be
>exhausted and on a rainy autumn evening, his contribution to this discourse
>cannot help but make us smile appreciatively at his sheer audacity and
>inventive mind! One idle question, at least, remains to be answered: Were
>the faces of Prosecuting Counsel scarlet or drained of all colour when
>Sheriff Gimblett made her decision(s) in this case?
>
>R. John Pritchard
>
- -------
John's prediction may be right. But at least it's conceivable that the
House
of Lords will face the kind of unexpected public pressure that undoubtedly
accounted for their acquiescence in the Pinochet extradition. In addition
to that kind of public pressure there could be elements of Scottish pride
at work that would lead the House of Lords to worry about Scottish
secessionists if they overturn a popular decision.
Anthony D'Amato
Leighton Professor of Law
Northwestern University
("Life isn't everything." -- Neil Simon)
- -
To unsubscribe to abolition-usa, send an email to "majordomo@xmission.com"
with "unsubscribe abolition-usa" in the body of the message.
For information on digests or retrieving files and old messages send
"help" to the same address. Do not use quotes in your message.
------------------------------
Date: Thu, 21 Oct 1999 16:14:51 -0500
From: "Boyle, Francis" <FBOYLE@LAW.UIUC.EDU>
Subject: (abolition-usa) RE: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
PPS. This Scottish Judge was very bright, very thorough, and very
professional--one of the very best i have seen in 17 years of doing these
cases. Given the fact that there is NO evidence in support of Trident2 in
the trial record put in by the Government, it might not be a very smart
thing for the UK government to appeal. fab.
- -----Original Message-----
From: Boyle, Francis [mailto:FBOYLE@LAW.UIUC.EDU]
Sent: Thursday, October 21, 1999 4:00 PM
To: 'TP2000'; 'abolition-usa@lists.xmission.com'; 'Abolition Caucus List
(E-mail)'; 'NUKENET@envirolink.org'; 'a-days@motherearth.org'
Subject: FW: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
- -----Original Message-----
From: Boyle, Francis
Sent: Thursday, October 21, 1999 3:58 PM
To: Boyle, Francis; 'International Justice Watch Discussion List'
Subject: RE: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
PS. John: In case you missed my point: It might not be a very smart thing
for the government to do to appeal this decision when they never put in ANY
evidence that i am aware of in support of Trident2--as the trial judge
pointed out. although I am no expert on UK Courts, i take it that like all
other appellate courts, they are generally limited by the trial record.
would you recommend to the UK Gov for or against an appeal under those
circumstances? fab
- -----Original Message-----
From: Boyle, Francis
Sent: Thursday, October 21, 1999 2:59 PM
To: 'International Justice Watch Discussion List'
Subject: RE: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
The UK government never came in to defend Trident2: You can't defend the
indefensible! FAB
- -----Original Message-----
From: R. John Pritchard [mailto:kempner@GLOBALNET.CO.UK]
Sent: Thursday, October 21, 1999 2:59 PM
To: JUSTWATCH-L@LISTSERV.ACSU.BUFFALO.EDU
Subject: Re: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
Importance: High
I would think it inconceivable that the Prosecution will not appeal against
these Acquittals (as they are entitled to do under British law) and I should
be astonished if the Court of Appeal or House of Lords upheld Sheriff
Gimblett's opinion. In the event that the Sheriff is overturned, then
perversely Francis Boyle WILL have his stare decisis in time, albeit not one
to his liking. Still, Francis Boyle's capacity to amaze us may not be
exhausted and on a rainy autumn evening, his contribution to this discourse
cannot help but make us smile appreciatively at his sheer audacity and
inventive mind! One idle question, at least, remains to be answered: Were
the faces of Prosecuting Counsel scarlet or drained of all colour when
Sheriff Gimblett made her decision(s) in this case?
R. John Pritchard
> -----Original Message-----
> From: International Justice Watch Discussion List
> [mailto:JUSTWATCH-L@LISTSERV.ACSU.BUFFALO.EDU]On Behalf Of Boyle,
> Francis
> Sent: 21 October 1999 17:32
> To: JUSTWATCH-L@LISTSERV.ACSU.BUFFALO.EDU
> Subject: TRIDENT2 CONDEMNED IN SCOTLAND!Sheriffs decision
> Importance: High
>
>
> Please forward.
>
> -----Original Message-----
> From: Scottish CND [mailto:cndscot@dial.pipex.com]
> Sent: Thursday, October 21, 1999 11:18 AM
> To: Multiple recipients of list
> Subject: Sheriffs decision on Trident
>
>
> Greenock Sheriff Court 2.08 pm Wednesday 20th October 1999
>
> Sheriff Margaret Gimblett:
>
> The defence is based on two matters:
>
> Firstly the three accused consider Trident was being used illegally
> based on an understanding on what international law said and on
> advice given
> to them;
> if they were right that the use and threat of nuclear weapons was illegal,
> not just
> possession, then they had a right given the enormity of the risks
> of nuclear
> weapons
> to try and do something to stop that illegality.
>
> Secondly they had an absolute necessity, in which case it didn't matter
> whether
> Trident is illegal or not, the necessity was there.
>
> In considering this I have really not a great deal to go on other
> than what
> the
> ICJ said in 1996 and their opinion, which although advisory,
> acknowledges in
> words
> what is authoritative and agreed by all. On the face of it
> very careful consideration should be given to its terms.
>
> In reaching their opinion the ICJ based the opinion on all the body of law
> that
> went before it which was carefully outlined. That law was canvassed in
> court.
> The opinion did not say possession of nuclear weapons was illegal,
> nowhere does any law say that.
>
> Even our own High Court of Judiciary has said that possession of nuclear
> weapons is not itself illegal. They did not consider the law except
> as far as it related to possession. The Helen John case can be
> distinguished. Here there is a defence of international law and
> necessity, but the whole defence hinges on the use made of nuclear
> weapons now and the percieved threat or threats made by the nuclear
> state. The use or threat of use, I would conceed that the ICJ did
> not say that in all circumstances threat or use of nuclear weapons
> was universally prohibited. Equally there no conventional law that
> authorises
> the threat or use of nuclear weapons.
>
> They issued what may be considered an enigmatic decision which
> has been read
> on a number of occassions "the threat or use of nuclear
> weapons would be generally contrary to the rules and principles of
> international law applicable in armed conflict and in particular the
> principles and rules of humanitarian law. However, in view of the current
> state
> of international law and of the elements of fact at its disposal,
> the Court
> cannot
> conclude definitively whether the threat or use of nuclear weapons
> would be lawful or unlawful in an extreme circumstance of
> self-defence, in which the very survival of the State would be at
> stake."
>
> The last words are important. We do not know what they meant by
> generally,
> but their final
> conclusion implies that the use or threat could only apply in very
> tight circumstances of sefl defence the very survival of the state.
> The President of the ICJ said "I cannot overemphasise that the inability
> of the court to go further than the formal pronouncement at which it has
> arrived cannot in any way be interpreted as a half-open door to
> recognition
> of the legality of the threat or use of nuclear armaments."
>
> Also the way in which the judges voted showed that a majority voted
> against the use of nuclear weapons. Lord Murray quote on this
> very helpful
> given the status of Lord Murray:
>
> "Turning to the central matter the judges were divided until the
> President's
> casting
> vote. The court decided that the threat or use of nuclear weapons is
> unlawful under all
> circumstances except last resort self-defence to avoid
> annihilation. Three
> of the
> judges dissenting took the opposite view to the other four
> dissenters. Four
> said that
> nuclear threat or use in not unlawful. The other three considered that
> nuclear threat
> or use is always unlawful. It follows that an absolute majority of 10 out
> of 14 judged
> that the threat or use of nuclear weapons is either entirely illegal or
> generally
> illegal subject to one possible exception. A two thirds majority rejected
> the general
> lawfulness of nuclear weapons."
>
> I have the ividious task of deciding on international law as it relates to
> nuclear weapons.
> I am only a very junior sheriff without the wisdom or experience of those
> above me. I have
> a knowledge of the repercussions which could be far reaching. As
> a sheriff
> I took an oath
> to act without fear or favour in interpreting the law.
>
> A point of international law has been raised here and I have to answer it.
> I take comfort from the fact that there are other higher courts which can
> rectify any
> mistake.
>
> In the absence of anything other than the ICJ and having regard to the
> article by Lord
> Murray, in particular the part relating to treaties and conventions ...
>
> Lord Murrays article concludes "there then are the principles on which
> the lawfulness of the proposed use of a particular weapons are to be
> assessed .. to be noted that in so far as they consist of international
> customary law they are part of the domestic laws of this country."
>
> I listened carefully to Professor Boyle and have taken into
> account all the
> evidence in this case from him and the other experts and in the
> absence of any expert contradictory
> evidence from the crown, I have to conclude that the three accused in
> company with many others were justified in thinking that Great
> Britain in their use of Trident, not simply possession, the use and
> deployment of Trident allied with that use and deployment at times of
> great unrest, coupled with a first strike policy and in the absence
> of indication from any government official then or now that such use
> fell into any strict category suggested suggested in the ICJ opinion
> .. the threat or use of Trident could be construed as a threat, has
> indeed been construed by others as a threat and as such is an
> infringement of international and customary law.
>
> The three took the view that if Trident is illegal, given the horrendous
> nature
> of nuclear weapons, they had the obligation in terms of
> international law to do whatever little they could to stop the deployment
> and use of nuclear weapons in situations which could be construed as
> a threat.
>
> It follows, if I consider that Angie Zelter, Ulla Roder and Ellen Moxley
> were justified in the first leg of their defence and having given that
> as the principle reason the crown has a duty to rebut that defence.
> They have not done so and so I uphold the three defence submitions
> in so far as they refer to malicious and willful damage.
>
> I uphold the comments of Mr McLaughlin with regard to malice. Gordon
> says "no act is punishable unless it is committed with a criminal
> mind ..." I have heard nothing which would make it seem to me that
> the accused acted with criminal intent Therefore I will instruct the
> jury that they should acquit all three accused on charges 1 to 3
> which leaves only the alternative in charge 4, they should also be
> acquited on the first alternative in charge 4.
>
> I anyone else takes such action they do so at their peril. The law
> is not clear on nuclear arms. I may be totally wrong. If it goes to
> appeal I may not be upheld and every case depends on whatever
> circumstances. What I have said is with regard to the very special
> circumstances of this trial and in the light of international tension
> around June 8th.
>
- -
To unsubscribe to abolition-usa, send an email to "majordomo@xmission.com"
with "unsubscribe abolition-usa" in the body of the message.
For information on digests or retrieving files and old messages send
"help" to the same address. Do not use quotes in your message.
------------------------------
Date: Thu, 21 Oct 1999 16:26:25 -0500
From: "Boyle, Francis" <FBOYLE@LAW.UIUC.EDU>
Subject: (abolition-usa) FW: BBC News | Scotland | Sheriff dubs nuclear programme illegal
This message is in MIME format. Since your mail reader does not understand
this format, some or all of this message may not be legible.
- ------_=_NextPart_000_01BF1C0A.F2B9D960
Content-Type: text/plain;
charset="iso-8859-1"
Beautiful picture of one of our 3 newest Plowshares Heroes. fab.
- -----Original Message-----
From: Winston Weeks [mailto:wweeks@aros.net]
Sent: Thursday, October 21, 1999 4:03 PM
To: Boyle, Francis; Preston Truman
Subject: BBC News | Scotland | Sheriff dubs nuclear programme illegal
http://news2.thls.bbc.co.uk/hi/english/uk/scotland/newsid_481000/481385.stm
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<META CONTENT=3DYES NAME=3DOLBBC_STORY>
<META name=3D"Headline" content=3D"Sheriff dubs nuclear programme =
illegal">
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<META name=3D"Description" content=3D"A sheriff rules Trident nuclear =
submarines are illegal under international law and allows three =
activists to walk free.">
<TITLE> BBC News | Scotland | Sheriff dubs nuclear programme =
illegal</TITLE>
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<META name=3D"OriginalPublicationDate" content=3D"1999/10/21 20:30:53">
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=20
<!--******** "Todays date" component ******** --><FONT SIZE=3D1 =
FACE=3D"Arial, Helvetica">Thursday, October 21, 1999 Published at =
200:30 GMT 21:30 UK</FONT><!--******** END COMPONENT ******** -->
<BR><IMG HEIGHT=3D1 WIDTH=3D328 SRC=3D"/furniture/black_pixel.gif"><BR>
<IMG HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR><FONT =
SIZE=3D5 FACE=3D"Arial, Helvetica"><B>UK: Scotland</B></FONT><BR><IMG =
HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
<FONT SIZE=3D5 FACE=3D"Arial, Helvetica"><B>Sheriff dubs nuclear =
programme illegal</B></FONT>
<BR><IMG width=3D300 border=3D0 =
src=3D"/olmedia/480000/images/_481725_nuclearprotest300.jpg"><BR><FONT =
SIZE=3D1 FACE=3D"Arial, Helvetica">The protesters filmed their actions =
at the research unit</FONT>
<BR><IMG HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR><FONT =
SIZE=3D2 FACE=3D"Arial, Helvetica">A sheriff has allowed three =
anti-nuclear activists to walk free on charges of damaging a Trident =
nuclear submarine after she said the weapons were illegal under =
international law.
<P>
<BR CLEAR=3D"ALL"><TABLE BORDER=3D0 CELLPADDING=3D4 CELLSPACING=3D0 =
WIDTH=3D108 ALIGN=3DLEFT><TR><TD VALIGN=3D"top" =
BGCOLOR=3D"#eeeeee"><IMG src=3D"/furniture/video.gif"></TD><TD =
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VALIGN=3D"top" BGCOLOR=3D"#eeeeee"><FONT FACE=3D"Arial, Helvetica" =
SIZE=3D1><!-- real video link and caption here --><A =
HREF=3D"/olmedia/480000/video/_481725_tridentvt_vi.ram">BBC Scotland's =
Leslie Andersonn: "The women took part in a raid on the Trident =
research base"</A></TD></TR></TABLE>The CND campaigners were accused of =
attacking a barge and laboratory equipment at the Faslane Naval Base =
near Lochgoilhead, Argyll.
<P>
But a jury at Greenock Sheriff Court was ordered to acquit the women =
after Sheriff Margaret Gimblett ruled they had a right to "disarm" the =
base.
<P>
<BR CLEAR=3D"ALL"><TABLE BORDER=3D0 CELLPADDING=3D4 CELLSPACING=3D0 =
WIDTH=3D158 ALIGN=3DLEFT><TR><TD VALIGN=3D"top"><IMG =
src=3D"/olmedia/480000/images/_481725_ellenmoxleyprotester150.jpg" =
alt=3D"[ image: Ellen Moxley: Appeared in court]" width=3D150 =
height=3D180></TD></TR><TR><TD VALIGN=3D"top"><FONT FACE=3D"Arial, =
Helvetica" SIZE=3D1>Ellen Moxley: Appeared in =
court</TD></TR></TABLE>The three women, Angela Zelter, 48, Ellen =
Moxley, 45, and Bodil Ulla Roder, 45, faced three charges of =
maliciously damaging equipment at the base.=20
<P>
There were cheers and applause as the women walked free from the court =
after the trial which, lasted four and a half weeks.
<P>
They had been held on remand at Cornton Vale Women's Prison since their =
arrest at the Clydeside base on 8 June.=20
<P>
The women were arrested after boarding a barge which was part of the =
Trident installation.=20
<P>
They had been charged with maliciously damaging the vessel called =
Maytime, stealing two inflatable life rafts and damaging equipment in =
an on-board laboratory.=20
<P>
The equipment was thrown overboard into Loch Goil before they were =
arrested by Ministry of Defence police.=20
<P>
But Sheriff Gimblett said she accepted the argument put forward by =
defence advocate John Mayer, who said Trident was illegal under =
international law and the women were acting simply to prevent a crime.=20
<P>
<B>Court of justice</B>
<P>
Mr Mayer said a ruling by the International Court of Justice in 1996 =
made Trident and all nuclear weapons illegal.=20
<P>
This meant the women had basically committed a crime but were acting to =
prevent other crimes taking place and so in Scots law should be =
acquitted, he told the court.=20
<P>
Addressing the activists after the jury had delivered a formal verdict, =
the sheriff told them they should not regard this as meaning they would =
be able to carry out such actions recklessly.=20
<P>
"Yesterday I made it clear that the courts do not allow crimes to be =
committed to prevent other crimes except in very special =
circumstances," she said.
<P>
"There were such circumstances in this particular case and the same =
circumstances may not apply to anyone who carries out actions similar =
to those carried out at Maytime in June.=20
<P>
"You do so at your peril - be very careful."
<P>
<B>'Not unexpected'</B>
<P>
Protester Ellen Moxley said the sheriff's actions were "not =
unexpected".
<P>
She told BBC Radio Scotland: "We've been working very, very hard to get =
international laws accepted in Scotland.
<P>
<BR CLEAR=3D"ALL"><TABLE BORDER=3D0 CELLPADDING=3D4 CELLSPACING=3D0 =
WIDTH=3D108 ALIGN=3D"left"><TR><TD VALIGN=3D"top" =
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VALIGN=3D"top" BGCOLOR=3D"#eeeeee"><FONT FACE=3D"Arial, Helvetica" =
SIZE=3D1><A =
HREF=3D"/olmedia/480000/audio/_481686_nuclear.ram">Protester Ellen =
Moxley said the ruling "was not all that =
unexpected"</TD></TR></TABLE>"This was part of the advisory opinion of =
the International Court of Justice and for the first time it has been =
recognised as applying to Trident in Scotland."
<P>
Ms Moxley said the protesters' action was justified because the =
equipment targeted "was illegal" under international law.
<P>
However, she said it would now be up to campaigners to decide whether =
or not to escalate their "non violent action" in the light of the =
sheriff's ruling but stressed that it had not been viewed as opening =
the floodgates on further activity.
<P>
<BR CLEAR=3D"ALL"><TABLE BORDER=3D0 CELLPADDING=3D4 CELLSPACING=3D0 =
WIDTH=3D158 ALIGN=3DLEFT><TR><TD VALIGN=3D"top"><IMG =
src=3D"/olmedia/480000/images/_481725_philgallie150.jpg" alt=3D"[ =
image: Phil Gallie: Angered by ruling]" width=3D150 =
height=3D180></TD></TR><TR><TD VALIGN=3D"top"><FONT FACE=3D"Arial, =
Helvetica" SIZE=3D1>Phil Gallie: Angered by ruling</TD></TR></TABLE>But =
Conservative MSP Phil Gallie attacked the sheriff's decision.
<P>
He said: "I'm very angry. I find it incredible that individuals can =
take it upon themselves to go on to private property, do damage at the =
expense of the taxpayer - I just can't understand the sheriff's =
ruling."
<P>
However, Dr Iain Scobbie, an expert on international law at Glasgow =
University, said it was likely the ruling would be overturned if the =
Crown were to appeal.
<P>
He said: "The ruling does set a precedent but it is a very low level =
precedent and I would imagine it would be re-examined by the Crown =
Office for possible appeal on a point of law."
<P>
Dr Scobbie said the defence's argument revolved around an "opinion" =
expressed by the International Court of Justice.
<P>
"The court was simply giving legal advice to the general assembly of =
the United Nations. It's not binding the General Assembly and states =
can choose not to accept the court's advice."</FONT><!--******** =
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SRC=3D"/furniture/nothing.gif"><BR><FONT SIZE=3D3 FACE=3D"Arial, =
Helvetica"><B>Relevant Stories</B></FONT>
<BR><IMG HEIGHT=3D3 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
<FONT SIZE=3D1 FACE=3D"Arial, Helvetica">15 Feb 99=A0|=A0UK
<BR><FONT SIZE=3D2 FACE=3D"Arial, Helvetica"><A =
href=3D"/hi/english/uk/newsid_280000/280121.stm">Arrests at =
anti-nuclear protest</A></FONT><BR><IMG HEIGHT=3D7 WIDTH=3D1 =
SRC=3D"/furniture/nothing.gif"><BR></FONT><FONT SIZE=3D1 FACE=3D"Arial, =
Helvetica">18 Aug 98=A0|=A0UK
<BR><FONT SIZE=3D2 FACE=3D"Arial, Helvetica"><A =
href=3D"/hi/english/uk/newsid_153000/153197.stm">Protesters arrested at =
Faslane</A></FONT><BR><IMG HEIGHT=3D7 WIDTH=3D1 =
SRC=3D"/furniture/nothing.gif"><BR></FONT><FONT SIZE=3D1 FACE=3D"Arial, =
Helvetica">16 Aug 98=A0|=A0UK
<BR><FONT SIZE=3D2 FACE=3D"Arial, Helvetica"><A =
href=3D"/hi/english/uk/newsid_151000/151522.stm">Peace protesters =
arrested at subs base</A></FONT><BR><IMG HEIGHT=3D7 WIDTH=3D1 =
SRC=3D"/furniture/nothing.gif"><BR></FONT></TD>
</TR>
</TABLE>
<BR><IMG HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR><IMG =
HEIGHT=3D1 WIDTH=3D160 SRC=3D"/furniture/black_pixel.gif"><BR><IMG =
HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
<TABLE WIDTH=3D160 BORDER=3D0 CELLPADDING=3D0 CELLSPACING=3D0>
<TR>
<TD WIDTH=3D10 VALIGN=3Dtop><IMG HEIGHT=3D1 WIDTH=3D10 =
SRC=3D"/furniture/nothing.gif"></TD>
<TD WIDTH=3D150 VALIGN=3Dtop><FONT FACE=3D"Arial,Helvetica" =
SIZE=3D3><B>Internet Links</B></FONT><BR><IMG HEIGHT=3D3 WIDTH=3D1 =
SRC=3D"/furniture/nothing.gif"><BR></TD>
</TR>
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<TABLE WIDTH=3D160 BORDER=3D0 CELLPADDING=3D0 CELLSPACING=3D0>
<TR>
<TD WIDTH=3D10 VALIGN=3Dtop><IMG HEIGHT=3D1 WIDTH=3D10 =
SRC=3D"/furniture/nothing.gif"></TD>
<TD WIDTH=3D150 VALIGN=3Dtop><IMG HEIGHT=3D1 WIDTH=3D150 =
SRC=3D"/furniture/nothing.gif"><BR>
<A href=3D"http://www.cnduk.org/welcome.htm"><FONT SIZE=3D2 =
FACE=3D"Arial, Helvetica">Campaign for Nuclear =
Disarmament</FONT></A><BR>
<IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR><A =
href=3D"http://ds.dial.pipex.com/cndscot/camp/index.htm"><FONT SIZE=3D2 =
FACE=3D"Arial, Helvetica">Faslane Peace Camp</FONT></A><BR>
<IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR><A =
href=3D"http://www.gn.apc.org/tp2000/"><FONT SIZE=3D2 FACE=3D"Arial, =
Helvetica">Trident Ploughshares 2000</FONT></A><BR>
<IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR><A =
href=3D"http://www.mod.uk/"><FONT SIZE=3D2 FACE=3D"Arial, =
Helvetica">Ministry of Defence</FONT></A><BR>
<IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
</TD>
</TR>
</TABLE>
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<TR>
<TD WIDTH=3D10 VALIGN=3Dtop><IMG HEIGHT=3D1 WIDTH=3D10 =
SRC=3D"/furniture/nothing.gif"></TD>
<TD VALIGN=3Dtop><IMG HEIGHT=3D7 WIDTH=3D150 =
SRC=3D"/furniture/nothing.gif"><BR><FONT FACE=3D"Arial,Helvetica" =
SIZE=3D1>The BBC is not responsible for the content of external =
internet sites.</FONT></TD>
</TR>
</TABLE>
<BR><IMG HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR><IMG =
HEIGHT=3D1 WIDTH=3D160 SRC=3D"/furniture/black_pixel.gif"><BR><IMG =
HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
<TABLE WIDTH=3D160 BORDER=3D0 CELLPADDING=3D0 CELLSPACING=3D0>
<TR>
<TD WIDTH=3D10 VALIGN=3Dtop><IMG HEIGHT=3D1 WIDTH=3D10 =
SRC=3D"/furniture/nothing.gif"></TD>
<TD WIDTH=3D150 VALIGN=3Dtop><FONT SIZE=3D3 FACE=3D"Arial, =
Helvetica"><B>In this section</B></FONT><BR>
<IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
<FONT SIZE=3D2 FACE=3D"Arial, Helvetica">
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481925.stm">
Prison officers face jobs axe
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481157.stm">
Dewar rejects 'legal' cannabis call
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481385.stm">
Sheriff dubs nuclear programme illegal
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481057.stm">
Cancer treatment curbs 'costing lives'
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481379.stm">
High-tech criminals meet their match
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_480000/480912.stm">
Reid accused of 'empire building'
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481664.stm">
Care girl found dead
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/world/newsid_481000/481285.stm">
Foreign Office denies Lockerbie 'deal'
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481592.stm">
'Macho' Scots firms ignoring stress
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_480000/480702.stm">
Jaguar crash pilot is base commander
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
<FONT FACE=3D"Arial, Helvetica" SIZE=3D1>From Sport</FONT><BR>
=09
=09
<A =
href=3D"/hi/english/sport/football/scottish_premier/newsid_480000/480999=
.stm">
From rags to goal riches
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
<FONT FACE=3D"Arial, Helvetica" SIZE=3D1>From Sport</FONT><BR>
=09
=09
<A href=3D"/hi/english/sport/football/newsid_481000/481213.stm">
Johnson commits to Scotland
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481422.stm">
Council inquiry into 'missing' votes
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481047.stm">
Go-ahead for islanders in land sale
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481008.stm">
Plea to papers over soccer decider
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481191.stm">
Scotrail guards join safety action
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481276.stm">
Police step up hunt for killer driver
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_480000/480982.stm">
Minister backs cash for concepts
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_430000/430162.stm">
BBC Scotland - On Air
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
=09
<A href=3D"/hi/english/uk/scotland/newsid_481000/481031.stm">
'Nothing fishy' about giant cod
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
<FONT FACE=3D"Arial, Helvetica" SIZE=3D1>From Sport</FONT><BR>
=09
=09
<A href=3D"/hi/english/sport/football/champions_league/newsid_480000/48=
0907.stm">
Mols puts Rangers top
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
=09
=09
<FONT FACE=3D"Arial, Helvetica" SIZE=3D1>From Sport</FONT><BR>
=09
=09
<A =
href=3D"/hi/english/sport/rugby_world_cup/teams/scotland/newsid_480000/4=
80616.stm">
Scots survive Samoan onslaught
</A><BR><IMG HEIGHT=3D7 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
</FONT></TD>
</TR>
</TABLE>
<BR><IMG HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR><IMG =
HEIGHT=3D1 WIDTH=3D160 SRC=3D"/furniture/black_pixel.gif"><BR><IMG =
HEIGHT=3D5 WIDTH=3D1 SRC=3D"/furniture/nothing.gif"><BR>
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