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

Commenting on today’s announcement by Tony Blair that his government intends to build a new nuclear weapons system to replace Trident, John Sauven Acting Director of Greenpeace UK said,

“Tony Blair's decision to build new, more advanced nuclear weapons decades after the Cold War has ended is a monstrous waste of money and resources”.

He continued, “Saying there may possibly be a reduction in submarine and missiles means nothing – its typical Blair spin and a clear attempt to head off opposition. It doesn’t matter whether UK nuclear weapons are capable of annihilating millions of people rather than tens of millions – new nuclear weapons are still illegal under international law and still destroy international treaties”.

“The huge sums of money involved would be much better spent on real security needs including tackling climate change and reducing our dependence on oil from regions of conflict”.

He concluded, “It’s obscene that Blair is trying to push this crucial decision through without time for a real debate. It shows he is more interested in his nuclear legacy than getting the best outcome for the country and the taxpayer”.