Nuclear Strategy of NATO is Illegal
Citizens Summon NATO Heads of State in Madrid
Update: World Court
Project Media Release July 8 1997
Madrid, July 1997
Madrid will be the scene of a David-and-Goliath
confrontation when the NATO Heads of State meet on 8 July
1997. An international group of non-violent
peace-activists, representing the Nuclear Weapons
Abolition Days Network (A-days) will present a 'Citizens'
Summons' at the start of the meeting. According to the
activists NATO's nuclear policy is illegal. They demand
immediate action to review it. Failing this, the network
will organise direct non-violent resistance at locations
where preparations for nuclear war are carried out
starting on the Hiroshima and Nagasaki commemorations
next August 6th and 9th.
The NATO meeting in Madrid coincides with
the first anniversary of the historic decision by the
International Court of Justice (ICJ) in The Hague - the
World Court - concerning the legal status of nuclear
weapons. In the Advisory Opinion which it delivered, the
Court stated 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". Anti-nuclear activists and
international lawyers claim that, in practice, existing
nuclear weapons could not be used without violating
international law.
Crucially, the Court declared that an
obligation exists on all states "to pursue in good
faith and bring to a conclusion negotiations leading to
nuclear disarmament..." Twelve months after the
Court's judgment, there is no evidence that NATO has
responded to its implications. Indeed, in a communique
dated 10 December 1996, NATO stated that "the
nuclear forces of the Allies continue to play a unique
and essential role in the Alliance's strategy of war
prevention..."
According to Pol D'Huyvetter, campaigner
at For Mother Earth International from Belgium: "
The peace movement is determined to uphold the law, as
clarified by the World Court. We can not allow the
nuclear weapons states to forget their legal obligations.
Citizens, we have the obligation to act under the
Nurenberg Principles ".
Citizens Summons
Sixteen copies of this document,
one for each NATO leader, will be presented by a notary
immediately after the NATO heads of State have arrived in
Madrid. The final version will consist of a scroll tied
in red ribbon and sealed. Please sign on today.
It is hoped that the citizens' summons
will be able to play a part in our actions after the
Madrid summit. It is very important that NATO leaders are
reminded as often as possible that their nuclear policy
is illegal. If you live in a NATO country, which is not
English speaking, would you translate this document into
your own language and fax it to George Farebrother
+44-1323-844269.
It is vital also that the voices of New
Zealand and the Pacific are heard on this issue.
Please try to come to Madrid yourself. We
already have registrations from activists from Belarus,
Belgium, Britain, Canada, Finland, Italy, Netherlands,
Romania, Spain, Sri Lanka, Sweden, Ukraine and USA. We
wish to encourage citizens from as many NATO member
states as possible to be there.
TO (HEAD OF STATE) REPRESENTING
(STATE) AT THE NORTH ATLANTIC TREATY ORGANISATION (NATO)
MEETING IN MADRID:
8 JULY 1997
A CITIZENS' SUMMONS TO NATO LEADERS TO COMPLY WITH
INTERNATIONAL LAW ON NUCLEAR WEAPONS
Whereas on 8 July 1996 the International Court of Justice
(ICJ), or World Court, drawing on international
agreements such as The Hague Conventions, Geneva
Conventions, and Genocide Convention, issued its Advisory
Opinion on the legal status of the threat or use of
nuclear weapons which concluded that:
the threat or use of nuclear
weapons is generally contrary to international
humanitarian law;
no circumstance had been
identified in which the use of nuclear weapons
would not violate humanitarian law;
there is no distinction in law
between threat and use of nuclear weapons; the
limited use of low yield nuclear weapons would
tend to escalate to all-out use of high yield
nuclear weapons;
the Nuremberg Charter of 1945
applies to nuclear weapons. Thus it is the duty
of citizens to uphold the law relating to nuclear
weapons and of military personnel to obey it even
if given a contrary order by a superior or by his
or her national government;
there exists an obligation to
pursue in good faith and bring to a conclusion
(our emphasis) negotiations leading to nuclear
disarmament in all its aspects under strict and
effective international control;
And whereas on 10 December 1996 the
United Nations General Assembly, in response to the ICJ
Advisory Opinion, called for negotiations in 1997 leading
to the early conclusion of a Nuclear Weapons Convention;
And whereas NATO is therefore acting
illegally by:
retaining the option to use
nuclear weapons first in future conflicts;
compounding its violation of
international law by a stated intention to
incorporate new member States into its nuclear
alliance;
issuing orders to its military
personnel to prepare for the illegal use of
nuclear weapons;
making conditional plans to use,
through its member nuclear weapon States, a
stockpile of nuclear weapons which, because of
their yield, would necessarily violate
international humanitarian law;
condoning the consistent
opposition by its member nuclear weapon States of
moves towards the global elimination of nuclear
weapons.
We, as citizens of a planet under threat
of irreparable damage from the illegal threat of nuclear
weapons, and acting in accordance with our obligation
under the Nuremberg Charter to uphold the law, hereby
give you notice that unless you take immediate action to
review NATO's illegal nuclear policy we shall use all
non-violent means in our power to intervene against all
preparations for nuclear war at all the places where they
are carried out. This could include organising and taking
part in non-violent direct action, or support of such. As
NATO, after one year, has given no indication of
complying with the ICJ Advisory Opinion, such action will
commence after the meeting of the NATO Heads of State in
Madrid.
SIGNED
___________________ (name) _________________________
(organisation)
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Copy and mail to csca@mad.servicom.es
Madrid Contacts
Campaign against NATO office
Calle Carretas, 33, 20F. (near Plaza del Sol)
Madrid, Spain
Phone/fax: +34-1-531 75 99
E-mail: csca@mad.servicom.es
For Mother Earth International
Lange Steenstraat 16-D, 9000 Gent, Belgium
Phone: +32-9-233 84 39
Fax: +32-9-233 49 24
E-mail: int@fme.agoranet.be
=> FME volunteers will be out of the office June 30.
After attending an international FME meeting in the Czech
Republic. They'll be in Madrid July 4th till July 10th.
Madrid Alternative NATO Summit Schedule of
Events
This is a first outline for the events in
Madrid.
The first part (July 2 - 5) is organised by a coalition
of Spanish NGO's, while the second part (July 6 - 9) is a
cooperation between the Spanish NGO's and the A-days
international network.
Wed. July 2 'JORNADAS DE DEBATE'
(seminar)
Thu. July 3 everyday from 7 till 9 p.m.
Fri. July 4 Calle Alenza, 13, Madrid
Fri. July 4 Newsconference
Sat. July 5 Demonstration at 12 noon
Atocha, Plaza Mayor, Madrid
Sun. July 6 Welcoming international
participants A-days
Contact +34-1-531 75 99 for directions to meeting and
sleeping places.
Mon. July 7 Briefing NATO Summit and
A-days Campaign and action
Legal briefing and non-violent action training
Pressconference A-days (place t.b.a.) with George
Farebrother from World Court Project and spokesperson for
IALANA
Tue. July 8th First anniversary ICJ
advisory opinion and start NATO Summit
Delivery 'Citizens Summons' to NATO Heads of State at
start of meeting
Wed. July 9th NATO Summit ends.
Evaluation
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