Emergency lobby of Parliament

Greenpeace today announced that it will ask the House of Lords to consider its case that the war against Iraq was an illegal act of aggression (1).

The move follows today's Appeal ruling that the 14 Greenpeace protestors who engaged in protests to prevent the build up to war could not appeal on the basis that they were preventing individuals from committing war crimes (1). This was one of the two key legal arguments that the protestors tried to use in their initial court case, the other being that the war itself was illegal under international law.

Stephen Tindale Director of Greenpeace UK said: "It's outrageous that Blair could take this country into a war based on dodgy intelligence, that even his own lawyers told him would be illegal, and face no penalty, while these protestors who attempted to prevent an illegal war get a criminal record."

He continued: "We believe we were denied a fair trial and aim to appeal to be heard by the House of Lords. If this is granted we intend to call again for the release of the Attorney General's legal advice which will show that at the same time these 14 people undertook their protest the Attorney General was himself was advising the government that military action against Iraq in the absence of a second UN resolution would be illegal."

The 14 Greenpeace protestors were convicted of aggravated trespass for trying to prevent the military build up to war in February 2003 by occupying tanks at Marchwood military base in Southampton, from where hardware and supplies were being sent to Iraq. The occupation was part of a week of actions at Marchwood aimed at stopping the build up to war. All 14 defendants were arrested and charged with aggravated trespass (disrupting lawful activity).

On 9 March 2004 their case was heard at Southampton Magistrates Court by District Judge John Woollard. Rabinder Singh QC of Matrix Chambers represented the defendants and sought to argue that the Iraq war was illegal in international law, therefore the protestors were not disrupting 'lawful' activity.

The Attorney General was formally asked to appear at the trial to outline the advice he gave the government regarding the legality of the war, but the Judge ruled the advice should be kept secret. The Judge had earlier refused to order a witness summons against former senior civil servant Elizabeth Wilmshurst, despite indications that she would not resist a summons. As former Deputy Legal Advisor at the Foreign Office she was in a position to reveal how the Government viewed the legality of the war when the protest took place.

The Judge decided that the prosecution did not have to prove the lawfulness of their actions in relation to crime against peace or crimes under the International Criminal Courts Act. He further found that it was beyond the remit of the Court to investigate the Government's case for war and whether the Government's foreign and defence policy was illegal. As such he found the defendants guilty of Aggravated Trespass and Criminal Damage.

Notes
(1) Greenpeace are asking leave to join this aspect of their case to that of the "Fairford Five" who have already been given leave to appeal to the House of Lords following an earlier ruling by the Court of Appeal.

(2) Lord Justice Waller and Mr Justice Jack ruled that allegations of war crimes can be heard by lower courts in the UK, however the cases before them had inadequate evidence to justify an appeal.

Further information
For more information or a copy of the background briefing about the legal case: call Greenpeace UK press office on 0207 865 8255.

Media contact at Court: Dominick Jenkins on 07796 947 452 or Louise Edge on 07801 212993.

The defendants are: Oliver Knowles of London; Ashby Smith of Washington DC, USA; Laura Yates of London; Natalie Duck of London; Graham Thompson of Romford, Essex; Helen Wallace of Buxton, Derbyshire; Janice Harron of London; Jim Footner of Shropshire; Rachel Murray of Glasgow; Richard Watson of Burnley; Robin Oakley of Lancashire; Belinda Fletcher of Oxford; Ben Ayliffe of London; Jens Loewe of Germany.

Exchanging radioactive barrels for clean water containers in Iraq

Greenpeace activists today took clean water containers into the communities around the Tuwaitha nuclear facility near Baghdad and encouraged people to swap them for radioactive containers, contaminated with uranium 'yellowcake'.

Despite a US$3 a barrel offer from the US Army, many in the community have retained the contaminated containers. It's estimated that, of the 500 barrels looted from the nuclear site since the war, some 150 are still unaccounted for. A new barrel costs US$15.

"In discussions with local people, we realised that for many the immediate need for water storage over rides the unseen threat of radioactivity," said Mike Townsley of Greenpeace. "The affected people are not organised criminals but the poorest of the poor, living in chronic poverty after years of neglect and abuse at the hands of Saddam's regime and a decade of crippling sanctions.

Greenpeace hopes that by offering new barrels specifically designed for water storage that we can return the last of the contaminated barrels to the US military for safe keeping inside the Tuwaitha site."

A small Greenpeace radiation sampling team has been working in the community living near the Tuwaitha nuclear facility for only two weeks and has already uncovered frightening levels of radioactivity there, including:

• A huge "yellow cake" mixing canister, with approximately 4- 5 kilos of uranium inside, abandoned on open ground near a village, which the team returned to the U.S. radiation experts inside Tuwaitha plant
• Radioactivity in a series of houses, including one source measuring10,000 times above normal
• Another source outside a 900 pupil primary school measuring 3,000 times above normal
• Locals who are still storing radioactive barrels and lids in their houses
• Another smaller radioactive source abandoned in a nearby field
• Several objects carrying radioactive symbols discarded in the community
• Consistent and repeated stories of unusual sickness after coming into contact with material from the Tuwaitha plant.

None of the material found can be used for conventional nuclear weapons.

The occupying forces claim responsibility for public health but have refused to allow the experts - the International Atomic Energy Agency (IAEA) - to carry out a public health and environmental assessment around Tuwaitha and in other parts of the country. They insist there is no threat to public health, which is clearly not the case.

"The evidence we gathered in a very short time shows that radioactive contamination could be spread through out the Tuwaitha environment, affecting a large number of people. It is high time for this threat to be taken seriously and a serious investment made into assessing the true extent of the radioactive contamination and impact on public health," said Greenpeace radiation expert, Dr Rianne Teule.

"As the US military health physicist and radiation expert at Tuwaitha, Lt Col Melanson, said this week, the International Atomic Energy Agency (IAEA) should be given a full mandate to search, survey and decontaminate towns and villages around the Tuwaitha as quickly as possible," she added.

Two members of the Greenpeace team are maintaining a weblog diary of their mission to Iraq. You can review a history of the expedition to date and monitor live developments at: http://weblog.greenpeace.org/iraq

Notes:

(1) On 24th June, Lt. Col. Melanson of the US military stationed at the Tuwaitha nuclear site, said: "I would recommend the International Atomic Energy Agency (IAEA) and the World Health Organisation get involved and do an assessment. They've got involved in other instances, like in Brazil, where sources have ended up being distributed in the community and they actually assess the risks from that. The faster it happens the better".

(2) The Tuwaitha nuclear storage facility, south of Baghdad, was left unsecured by occupying forces after the fall of Saddam Hussein and was heavily looted. In contrast, oil pipelines and the oil ministry were immediately secured. Just days after the cease- fire, British Museum officials were brought in to reclaim stolen artefacts. It was nearly two months before IAEA inspectors were allowed to return.

(3) Washington Post June 6th 2003: "The U.S. military has conducted an initial radiation survey in the villages, and a health study is set to begin in coming days. There is no health risk to the population or the soldiers guarding the site," said Mickey Freeland, part of the U.S. team involved in the hunt for Iraqi weapons of mass destruction.

(4) Mohamed ElBaradei, speaking in Jordan. Reuters June 22nd

(5) None of the material stored at Tuwaitha can be used for conventional nuclear weapons as all such components were removed by the International Atomic Energy Agency after the first Gulf War.

For more information please contact the Greenpeace press office on 020 7865 8255