Greenpeace inflatable passes near Marchwood Military Port

 

Responding to today's ruling by the Law Lords that protestors who tried to stop the invasion of Iraq had no right to argue in court that they were opposing an illegal war, Greenpeace anti-war campaigner Ben Ayliffe said:

"We are very disappointed by the Lords verdict. It is bizarre that people who followed their conscience to prevent an illegal war are penalised while the architects of that war get away scot free."

He continued, "Invading Iraq was has led directly to the death of over 100,000 Iraqi citizens (1) and has propelled the country into civil war. Beyond the country's borders it has pushed another generation of young people into the arms of terrorism. We still strongly believe we did the right thing in opposing the invasion and would do it again tomorrow if necessary regardless of the legal consequences."

Greenpeace are calling on parliamentarians to act now to ensure that the crime of aggression is included in UK national law.

The Law Lords ruled:

 

 

• That the crime of aggression, as defined and used by the International Military War crimes Tribunal at Nuremberg in 1945-6, is still part of international law
  
• That despite a crime of aggression being illegal under international law, it is not a crime under UK law. Therefore denying the Greenpeace defendants the right to argue issues relating to the legality of the war did not constitute a denial of their right to a fair trial.

 

The ruling follows a four day hearing by the Law Lords earlier this year (20th-24th February 2006) which considered the appeals of 19 people who took direct action to try and prevent the Iraq war, including:

 

• The 'Marchwood 14' - Greenpeace volunteers who took part in a week of action at Southampton docks in an attempt to stop or delay military hardware leaving the country for Iraq, so that the all important 'weather window' for the invasion would be missed.
  
• Margaret Jones & Paul Milling, Toby Olditch and Philip Pritchard and Josh Richards - five people who entered the RAF Fairford base and attempted to damage and immobilise American B52 bombers which were later involved in the 'shock and awe' assault on Baghdad. Their trials are expected to be heard at Bristol Crown Court later this year.
  
• Valerie Swain - convicted for trying to enter the RAF Fairford base.

 

Editor's notes: For more information call Greenpeace press office on 020 7865 8255.

(1) Source: Harvard epidemiological study published in The Lancet October 29th 2004.

Background notes:

'The Marchwood 14' - In February 2003 14 Greenpeace volunteers occupied tanks at Marchwood military base in Southampton, from where hardware and supplies were being sent to Iraq. The occupation was part of a wider week of actions at Marchwood, involving many other volunteers, which aimed to stop the build up to war. Other actions included using the Greenpeace flagship the Rainbow Warrior to blockade Marchwood military port and stop military hardware leaving for the Gulf and boarding and conducting a 'sit in' on a military supply ship bound for the Gulf with a cargo of military hardware.

The 14 Greenpeace protestors were convicted of aggravated trespass on 16th February 2004. The Marchwood 14 are: Oliver Knowles of Stamford Hill, London; Ashby Smith of San Francisco, USA; Laura Yates of London; Natalie Duck of Peckham, London; Graham Thompson of Romford, Essex; Helen Wallace of Buxton, Derbyshire; Janice Harron of Donegal; Jim Footner of Shropshire; Rachel Murray of Glasgow; Richard Watson of Burnley; Robin Oakley of Lancashire; Belinda Fletcher; Ben Ayliffe of Highbury, London; Jens Loewe of Germany.

 

 

 

Greenpeace activist boards the Magdelana Green to prevent it from leaving for the Gulf

 

The Law Lords concluded a four day hearing today considering the appeals of 19 people, who took direct action to try and prevent the Iraq war. Their ruling is expected sometime in the next month.

The cases they are considering are those of:

 

• The 'Marchwood 14' - Greenpeace volunteers who took part in a week of action at Southampton docks in an attempt to stop or delay military hardware leaving the country for Iraq, so that the all important 'weather window' for the invasion would be missed.
  
  
• Margaret Jones and Paul Milling, Toby Olditch and Philip Pritchard and Josh Richards - five people who entered the RAF Fairford base and attempted to damage and immobilise American B52 bombers which were later involved in the 'shock and awe' assault on Baghdad.
  
  
• Valerie Swain — convicted for trying to enter the RAF Fairford base.

 

The Lords will rule on the following key legal points:

 

1) Is the crime of aggression, defined and last used by the International Military War crimes Tribunal at Nuremberg in 1945-6, and enshrined in UN law by the 1946 UN General Assembly, still part of international law?

2) If a crime of aggression is illegal under international law is it a crime in UK law? In his controversial legal advice the Attorney General certainly believed so, he stated, "Aggression is a crime under customary international law which automatically forms part of domestic law".

3) Should UK courts have the authority to consider foreign affairs and defence issues?

4) Were the Greenpeace defendants subjected to an unfair trial, contrary to article 6 of the Convention on Human Rights, because they were not allowed to argue issues which related to the legality of the war?

 

The 14 Greenpeace volunteers and Valerie Swain have already been convicted. The trials of the other five are still pending. The outcome of the hearing will determine whether they have access to a full and complete defence when their cases are heard in Bristol Crown Court later this year.

Editor's notes:

Lord Bingham chaired the panel hearing the appeal, which also included Lords Hoffman, Roger, Carswell, and Mance.

For more information call Greenpeace UK press office on 0207 865 8255.

 

 

 

Activists vow to appeal the ruling outside Southampton Court

Law Lords to consider cases of anti war protestors

DATE/TIME: The hearing begins on Monday February 20. The court will sit for four days, and then reconvene on Monday 27 as necessary. Hearings will start at 11am on Monday 20th and at 10.30 am each day thereafter.

PLACE: Committee Rooms 3A/4B the House of Lords. Anyone wishing to attend the hearing will have to enter through St. Stephen's entrance, on Parliament Road in the Houses of Parliament building.

WHAT'S HAPPENING: The Law Lords will decide if there is a defence open to individuals who break the law in order to prevent a greater 'crime of aggression'. The landmark hearing will consider the appeals of nineteen people, who took direct action to try and prevent the Iraq war, including:

• The 'Marchwood 14' - Greenpeace volunteers who took part in a week of action at Southampton docks in an attempt to stop or delay military hardware leaving the country for Iraq, so that the all important 'weather window' for the invasion would be missed (1).
• Margaret Jones & Paul Milling, Toby Olditch and Philip Pritchard and Josh Richards - five people who entered the RAF Fairford base and attempted to damage and immobilise American B52 bombers which were later involved in the 'shock and awe' assault on Baghdad (2).
• Valerie Swain - convicted for trying to enter the RAF Fairford base (3).

The 14 Greenpeace volunteers and Valerie Swain have already been convicted. The trials of the other five are still pending. The outcome of the hearing will determine whether they have access to a full and complete defence when their cases are heard in Bristol Crown Court later this year.

The Greenpeace appellants legal team will be led by Rabinder Singh of Matrix Chambers and also include Vaughan Lowe - Professor of International Law at Oxford and Nick Grieff - International Law Professor at Bournemouth University.

Lord Bingham will chair the panel hearing the appeal, which also includes Lords Hoffman, Roger, Carswell, and Mance.

Greenpeace Executive Director Stephen Tindale said, "This case is crucial as it could help ensure that the UK is never again dragged into an illegal pre-emptive war, against UN wishes and based on dodgy intelligence".

"These people acted because they believed that the Iraq war was both illegal and morally wrong. The majority of international lawyers have since agreed the war was illegal. Yet our volunteers were prevented from arguing this in court and were effectively denied a fair trial.

"If we are to have a society where governments as well as individuals can be held accountable for their actions and the international rules of law are upheld, then its crucial that the right to this defence of preventing a crime of aggression is upheld".

Key legal points which will be considered by the Lords are:

1. Is the crime of aggression, defined and last used by the International Military War crimes Tribunal at Nuremberg in 1945-6, and enshrined in UN law by the 1946 UN General Assembly, still part of international law?
2. If a crime of aggression is illegal under international law is it a crime in UK law? In his controversial legal advice the Attorney General certainly believed so, he stated, "Aggression is a crime under customary international law which automatically forms part of domestic law".
3. Should UK courts have the authority to consider foreign affairs and defence issues?
4. Were the Greenpeace defendants subjected to an unfair trial, contrary to article 6 of the Convention on Human Rights, because they were not allowed to argue issues which related to the legality of the war?

 

Editor's notes

1. 'The Marchwood 14' - In February 2003 14 Greenpeace volunteers occupied tanks at Marchwood military base in Southampton, from where hardware and supplies were being sent to Iraq. The occupation was part of a wider week of actions at Marchwood, involving many other volunteers, which aimed to stop the build up to war. Other actions included using the Greenpeace flagship the Rainbow Warrior to blockade Marchwood military port and stop military hardware leaving for the Gulf and boarding and conducting a sit in on a military supply ship bound for the Gulf with a cargo of military hardware.
   
   The 14 Greenpeace protestors were convicted of aggravated trespass on 16th February 2004. The Marchwood 14 are: Oliver Knowles of Stamford Hill, London; Ashby Smith of San Francisco, USA; Laura Yates of London; Natalie Duck of Peckham, London; Graham Thompson of Romford, Essex; Helen Wallace of Buxton, Derbyshire; Janice Harron of Donegal; Jim Footner of Shropshire; Rachel Murray of Glasgow; Richard Watson of Burnley; Robin Oakley of Lancashire; Belinda Fletcher; Ben Ayliffe of Highbury, London; Jens Loewe of Germany.
2. Actions at RAF Fairford: In March 2003, Paul Milling, Margaret Jones, Philip Pritchard, Toby Olditch and Josh Richards undertook three, independent, actions, to try and prevent or delay the take-off of American B-52 bombers from Fairford air force base in Gloucestershire. These bombers were waiting to launch the attack on Iraq that would begin the Iraq war. In the case of Milling and Jones, the action involved disabling a fleet of bomb carriers and other support vehicles used to supply the B-52 bombers. Olditch and Pritchard were arrested inside RAF Fairford on their way to the B52's. Josh Richards was arrested on his way into the base.
   
   All five say they were justified in their actions, because they aimed at preventing the commission of a far greater crime - that of 'aggression', of starting an unprovoked war against another country. Lower courts have so far denied them this defence argument, saying that the alleged crime of attacking another country is a matter for international law, which cannot be ruled on in a British court. They will stand trial, separately, at Bristol Crown Court later this year.
3. Valerie Swain - on the 9th March 2003 Valerie Swain cut a fence at RAF Fairford in Gloucestershire and entered the base with the intention of disrupting the loading of B52 aeroplanes destined to take part in the bombing of Iraq and to disturb the preparations for war. She was convicted of aggravated trespass.

For more information about the Marchwood case: call Greenpeace UK press office on 0207 865 8255.

Greenpeace media contact at Court during the trial: Louise Edge 07801 212993.

For more information about the various Fairford cases contact:

Margaret Jones on 0117 9466885 or Paul Milling on 07765 836150

Philip Pritchard and Toby Olditch at phil@rubbishmonsters.com.

For more information about the Valerie Swain case contact her on 029 20384384 or 07980 048928.

 

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.

 

Volunteers scaled Big Ben to protest against the war in Iraq

It was announced this morning that no charges will be brought against Greenpeace climbers Harry and Simon Westaway for climbing Big Ben. The brothers climbed Big Ben on the anniversary of the invasion of Iraq and unfurled banners stating 'Time for the Truth'. (1)

A Greenpeace spokesperson said, "We are very happy that no charges are being brought against Harry and Simon for their peaceful anti-war protest at Big Ben. They climbed Big Ben to express their strongly held belief that the war against Iraq was wrong and illegal".

They continued, "The time was chosen as it was the anniversary of the war, and the location because this was where Tony Blair lied to Parliament over the legality of the war, the real motivation behind it, and the intelligence used to support those arguments. The action put no-one at risk and caused no damage. It fits with the British tradition of taking non-violent direct action to express strongly held beliefs".

Harry Westaway said, "We climbed Big Ben to urge Tony Blair to come clean about why he went to war against Iraq. It clearly wasn't because of WMD, as none have been found. It clearly went against the will of the United Nations and was illegal under international law. It has only increased the threat to Britain from international terrorism. Finally it was clearly without the support of the UK public who came out in unprecedented numbers to urge him not to take us to war".

"Given previous UK and US involvement in Iraq, providing weapons to Saddam at his worst, and the clear interest of the UK and US in Iraqi oil contracts, we do not believe that Tony Blair undertook this war for humanitarian reasons".

"One year on we urge him to come clean, admit his mistakes and commit to never undertake an illegal pre-emptive war in Britains name ever again".

"We also would like to say that criticism of the police over their response to the tower being climbed is in our view misplaced. We feel their reaction was responsible and proportionate. There is a well established tradition of freedom of speech and peaceful protest in the UK. The police did not take action against the climbers as both were clearly identified as Greenpeace. Furthermore, onsite police and security were given full details by Greenpeace officials of who the climbers were and what their intention was as soon as the climb began".

Editor's notes:
(1) The brothers were told that no charges will be brought against them after attending Charing Cross police station this morning.

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

 

 

 

 

 

 

 

 

Activists scaled Big Ben to protest the war in Iraq

A team of Greenpeace climbers has scaled Big Ben and held a banner, reading 'TIME FOR THE TRUTH' beneath the clock face.

At around 6.30am on the first anniversary of the US-lead invasion of Iraq two volunteers climbed over two fences separating Westminster Bridge from the Houses of Parliament. Free-climbing using specialist equipment that ensured there was no damage to the structure, it took one hour for the Greenpeace team to reach the famous clock face.

Speaking from Parliament Square, Greenpeace Executive Director Stephen Tindale said,

"It's time we got the truth about why thousands of people had to die in a war that the world did not want. Iraq posed no threat to Britain or the US but still Tony Blair drove a horse and cart through the international security system -all because he puts his relationship with George Bush above the rule of law and his own electorate."

The climbers say they will remain on Big Ben until nightfall in protest at Mr Blair misleading Parliament over the Iraq war.

Stephen Tindale added:

"If Mr Blair wants to regain trust he must stop spinning and stalling. Why were we misled on Iraq's non-existent arsenal of banned weapons? When did Mr Blair promise George Bush we'd go to war? What did the Attorney-General tell him in the lead up to war?"

For more information please contact Greenpeace Press Office on 0207 865 8255.

Activists vow to appeal the ruling outside Southampton Court

Judges' refusal to release Attorney-General's full advice means trial was 'unfair'

Fourteen Greenpeace volunteers who sought the Attorney-General's full advice on the Iraq war today vowed to appeal after a court convicted them on charges of aggravated trespass and criminal damage.

The volunteers occupied tanks at Marchwood military base in the run-up to war in Iraq. Defence lawyers claimed the Attorney's advice could show that the Government thought war was illegal when the protest took place. But District Judge John Woollard ruled the advice should be kept secret, and that a former Foreign Office official who was prepared to give evidence should not be summoned to court. Today he found the fourteen guilty on all charges.

One of the defendants, Graham Thompson, said: "Over the past year we've seen chaos in Iraq, an increased threat of terror, no banned weapons and a host of evidence that Blair was either negligent or lying, yet it's the protesters who have been punished. The top people in this country got it seriously wrong on Iraq, but not a single person has lost their job or faced charges. The guilty people are Tony Blair and Jack Straw."

Rabinder Singh QC had argued that the defendants acted out of necessity - that is to say they were trying to prevent a greater crime occurring. The Crown Prosecution Service dropped the case against GCHQ whistleblower Katherine Gun because they 'could not disprove' this defence. Ms Gun's trial was due to be heard in front of a jury, while the Greenpeace volunteers faced a District Judge. The Judge had earlier refused to order a witness summons against former senior civil servant Elizabeth Wilmhurst, 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.

Grounds for appeal are thought to include the Judge's decision that the prosecution did not have to proove the lawfulness of action in relation to crime against peace or crimes under the International Criminal Courts Act.

Graham Thompson continued: "Our lawyers say we've got solid grounds for appeal. While the truth behind the build up to war remained secret we couldn't get a fair trial. But Mr Blair should expect us back in a higher court, seeking the documents that could over-turn this conviction. This isn't going to go away, we won't let it."

Notes

The fourteen defendants entered the port and occupied tanks queued up to leave on the roll-on/roll-off ferry Stena Shipper. This was just one element of a week of actions at Marchwood, aimed at trying to stop the build up to war against Iraq. This included repeatedly blockading the port with the Greenpeace ship the Rainbow Warrior to prevent loaded military vessels departing and volunteers attaching themselves to fully loaded military supply vessels to prevent them moving. The protests only ended after the Rainbow Warrior was stormed by military police who then cut her anchor chain and towed her away. Rainbow Warrior Captain, Argentinean Daniel Rizotti still faces charges for anchoring the Rainbow Warrior in the fairway.

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.

Sentences ranged from conditional discharge to