Philippe Sands QC warns Blair policy could break Nuclear Non-Proliferation Treaty

A leading international lawyer claims Tony Blair is at risk of breaking the same international treaties he says Iran must abide by. Philippe Sands QC, professor of international law at University College London and author of the bestselling book Lawless World, has written an opinion on the legality of renewing Britain's Trident nuclear weapons system. Sands concludes that:

• renewal, replacement or upgrading of Trident is likely to breach Article VI of the Nuclear Non-Proliferation Treaty (NPT).
• attempts to justify Trident upgrade or replacement as an insurance against unascertainable future threats is incompatible with Article VI of the NPT.
• the UK has stated a willingness to use nuclear weapons to protect 'vital interests' against non-nuclear states which appears to be outside the doctrine of self-defence as recognised under international law. The use of nuclear weapons to protect such interests is likely to be disproportionate and therefore unlawful under the UN Charter.
• use of Trident is likely to breach international humanitarian law through its indiscriminate and uncontrollable effects.
• the Government has broadened its deterrence policy to include non-nuclear states who are believed to possess chemical or biological weapons. Use of this policy to justify any renewal, replacement or upgrade of Trident may be in breach of the UK's obligations under Article VI of the NPT.

Article VI of the NPT states:

'Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a Treaty on general and complete disarmament under strict and effective international control.'

Article VI of the NPT lies at the heart of the international disarmament regime that has successfully halved the global nuclear weapons stockpile and helped to ensure that the majority of the world is nuclear-free today. Greenpeace is confident that the Government cannot replace Trident without breaching both the NPT and international humanitarian law.

Media reports in recent days have suggested that Tony Blair wants to secure agreement for Trident renewal before leaving office next year. A 'national debate' is due to be launched soon, with suggestions that there will be a vote on the issue in the House of Commons.

The legal opinion has been sent to the Prime Minister and the Attorney General. Greenpeace challenges the Government to place the issues and obligations inherent in the NPT and international law at the centre of the promised public and parliamentary debate on Trident replacement. Public and parliamentary scrutiny and discussion is vital for a decision with such enormous international legal and security repercussions.

Philippe Sands QC is a barrister at Matrix Chambers, the law practice co- founded by Cherie Blair. He is Professor of international law at University College London and has long experience in many high profile cases at the International Court of Justice. He came to public prominence with his analysis that the decision to invade Iraq violated international law.

The Sands legal opinion was commissioned by Greenpeace, which was founded 35 years ago when campaigners sailed a boat into a nuclear test site off Alaska in an effort to stop Richard Nixon exploding atomic bombs in the atmosphere.

Greenpeace disarmament campaigner Dominick Jenkins said:

"While Tony Blair rattles his sabre and waves treaties at foreigners, he's agitating for Britain to break those same treaties. Building a new nuclear weapon is against international law and threatens to unravel the global non-proliferation system."

He added:

"The real threat to Britain is climate change not a nuclear attack. Blair's successor should spend the tens of billions that Trident would cost on creating a carbon free economy rather than wasting it on weapons that have no purpose. If we develop a new nuclear weapon we will have no right to tell Iran or North Korea that they should not develop weapons themselves."

Last month Greenpeace issued a report detailing how building work is already under way at the Aldermaston Atomic Weapons Establishment to develop a new nuclear weapons, despite protestations from ministers that no decision has been taken. The report also features the transcript of an interview with Aldermaston Chief Scientist Dr Clive Marsh in which he makes the remarkable admission that Aldermaston is being equipped to build a new bomb. He states in the video that one of his team's main tasks is "to develop our overall warhead design and assurance capabilities, including the ability to provide a new warhead lest our government should ever need it as a successor to Trident. Most of our research is conducted in this capability area."

For more information contact Greenpeace on 0207 865 8255

World's largest weapons inspection as Blair pushes for new N-Bomb

Hundreds of people from across Britain are this morning marching on the Atomic Weapons Establishment at Aldermaston in Berkshire. They are converging in large groups from all directions - by bus, train, bicycle and on foot - determined to carry out the world's largest ever inspection of a nuclear weapons factory. A big police presence of several hundred officers is protecting the site.

Hans Blix will tonight make a scathing speech condemning Tony Blair for pressing ahead for a renewal of the Trident nuclear weapons system. The move comes as Tony Blair prepares to publish a White Paper advocating the policy, at a reputed cost of tens of billions. The Prime Minister is known to support a new N-bomb and is determined to clear the way for its development before he leaves office next year. Work is already underway at Aldermaston to build the Orion Laser - a vital component in building a new British bomb - despite ministers' claims that no decision on Trident's future has yet been taken.

Today's mass weapons inspection, organised by Greenpeace and Block the Builders, sees 400 people from every corner of the country attempting to reach the fence at Aldermaston to conduct citizens inspections and document preparations at the site for building a new nuclear bomb. The inspectors include Bodyshop founder Anita Roddick and Norman Baker MP. Teams are attempting to take pictures of the building site, despite laws banning photography at the facility.

Last week saw the release of a legal opinion by eminent international lawyer Philippe Sands which warned that Tony Blair will probably break the same international treaties he says Iran and North Korea must abide by, if he pushes ahead with his desire to renew Trident. Bodyshop founder Anita Roddick intends to present a summary of Professor Sands' legal advice to the authorities at Aldermaston today, warning them they risk breaking the Nuclear Non-Proliferation Treaty (NPT).

The mass inspection of Aldermaston began at 7am this morning as people disembarked from trains and buses and began walking along country lanes to the site in Berkshire. They will later attempt to pin a summary of the legal opinion to the fence at the nuclear bomb-making facility. A bus that drove across Europe to Iraq before the 2003 invasion is attempting to circle the site.

Greenpeace disarmament campaigner Louise Edge said: "While Tony Blair rattles his sabre and waves international treaties at foreigners, he's agitating for Britain to break those same treaties. That's why hundreds of people from across Britain have come here to inspect our country's bomb making factory and highlight Tony Blair's hypocrisy. Our Prime Minister is threatening to wreck the global framework that remains our best hope of stopping nuclear weapons spreading across the planet."

She continued: "Work to build a new nuclear bomb must halt until the country has had the promised debate. The real threat to Britain isn't nuclear attack, it's climate change. Blair's successor could make Britain a low carbon country with the tens of billions it would cost to build a new atomic weapons system. If New Labour wants to renew itself, like it says it does, then dropping Trident renewal should be the first thing a new leader does."

Greenpeace was founded 35 years ago when campaigners sailed a boat into a nuclear test site off Alaska in an effort to stop President Nixon exploding nuclear weapons in the atmosphere.

Bodyshop founder Anita Roddick, attempting to reach the Aldermaston fence this morning, said: "Sixty years ago we invented a way to extinguish life on Earth at the touch of a button, which was one of the less impressive things human beings ever did. Now Tony Blair has the chance to leave an historic legacy to the world by making Britain the first UN Security Council member to say we no longer want or need these monstrous weapons. If he doesn't he'll break international treaties and send an invitation to every nation on Earth to join the nuclear club."

Sian Jones of Block the Builders said: "To continue pouring money into building new nuclear weapons facilities makes a mockery of the promised debate. Actions speak louder than words. If the government genuinely wants a debate then construction work at Aldermaston must stop today. Block the Builders will return to AWE Aldermaston on 11 December to verify whether construction work has ceased, and if not we will attempt to halt construction work through positive non-violent direct action. The battle for hearts and minds is won. Most people would rather money for Trident replacement is spent on real security needs like health and housing. We're inviting all those people to put their bodies where their hearts are and come join us."

ENDS

For more contact Greenpeace on 07801 212967 / 0207 865 8255

www.blockthebuilders.org.uk