by antiaristo » Mon Feb 20, 2006 9:04 am
<!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr><!--EZCODE FONT START--><span style="font-size:small;">Law lords to rule on activists' direct action to stop 'illegal' Iraq war</span><!--EZCODE FONT END--> <br><br>· Peace campaigners have their day in highest court <br>· Landmark appeal tests law over 'crime of aggression' <br><br>Clare Dyer, legal editor<br>Monday February 20, 2006<br>The Guardian <br><br><br>The crime of aggression, the waging of an illegal war, was labelled "the supreme war crime" at Nuremberg. Most international lawyers believe the Iraq war was unlawful.<br><br>"An unlawful use of force on such a scale amounts to the crime of aggression," wrote Elizabeth Wilmshurst, the Foreign Office's deputy chief legal adviser, when she resigned on the eve of the invasion.<br><br>But can peace activists who tried to stop bombers being refuelled or armoured vehicles being loaded on to ships argue in court that their acts were lawful because they were trying to stop a greater crime -the crime of aggression? Is the issue of their right to mount such a defence even open to a British court to decide?<br><br>Those questions are at the heart of a landmark appeal which goes to the House of Lords today, three years after the fraught weeks when Britain and the US were marshalling their troops and anti-war protesters were desperately trying to put a spoke in the war machine's wheels. Twenty of those activists will take their cases to Britain's highest court today.<br><br><!--EZCODE BOLD START--><strong>In a week-long hearing, the five law lords will not be asked to decide whether the war was lawful</strong><!--EZCODE BOLD END-->, but the arguments will come close enough to discomfit the government.<br><br><!--EZCODE BOLD START--><strong><!--EZCODE FONT START--><span style="font-size:small;">When the issue came before the court of appeal in July 2004 the judges were handed an extraordinary witness statement 10 minutes before the hearing began. From Sir Michael Jay, permanent secretary to the Foreign Office, and authorised by the foreign secretary, Jack Straw, it asked the judges to refrain from ruling on the legality of the war for fear of "giving comfort to terrorists, endangering the lives of Britons in Iraq and harming foreign relations".</span><!--EZCODE FONT END--></strong><!--EZCODE BOLD END--><br><br>In February 2003, six weeks before the start of the war, 14 crew members of the Greenpeace International ship Rainbow Warrior went ashore at the Ministry of Defence's Sea Mounting Base at Marchwood on Southampton Water.<br><br>They chained themselves to Scimitar armoured fighting vehicles which were awaiting loading on ships for transport to Kuwait. The 14 were later convicted of aggravated trespass for obstructing a lawful activity - the port operations - and four were found guilty of criminal damage.<br><br>A month after the Greenpeace 14 took their action Valerie Swain cut her way through the fence at RAF Fairford in Gloucestershire, where United States bombers were being readied to take part in the "shock and awe" assault on Baghdad. Ms Swain was arrested before she could do any more, however she was convicted of aggravated trespass and criminal damage.<br><br>A week later, on March 20 2003, a week before the war started, five other peace activists broke through the perimeter fence at Fairford. Two of them, Margaret Jones and Paul Milling, disabled a fleet of bomb carriers and other support vehicles, causing damage put by the US military at more than £80,000.<br><br>The others were arrested before they could reach the bombers. The five are due to stand trial at Bristol crown court this year, their trials delayed by legal arguments over what defences are open to them. They argue that their actions were justified because they were trying to prevent the far greater crime of starting an unprovoked war.<br><br>Lower courts have so far denied them the defence, holding that attacking another country is a matter for international law and <!--EZCODE BOLD START--><strong><!--EZCODE FONT START--><span style="font-size:small;">cannot be ruled on by a British court.</span><!--EZCODE FONT END--></strong><!--EZCODE BOLD END--> Since the appeal court ruled against them, however, they can thank an unlikely advocate for giving a boost to their argument.<br><br><!--EZCODE BOLD START--><strong><!--EZCODE FONT START--><span style="font-size:small;">In his confidential advice to the prime minister dated March 7 2003, but made public only last April, the attorney general, Lord Goldsmith, stated: "Aggression is a crime under customary international law which automatically forms part of domestic law. It might therefore be argued that international aggression is a crime recognised by the common law which can be prosecuted in the UK courts</span><!--EZCODE FONT END--></strong><!--EZCODE BOLD END-->."<hr></blockquote><!--EZCODE QUOTE END--><br><br><!--EZCODE AUTOLINK START--><a href="http://www.guardian.co.uk/antiwar/story/0,,1713575,00.html">www.guardian.co.uk/antiwa...75,00.html</a><!--EZCODE AUTOLINK END--><br><br><br>The Jay family is connected to Jim Callaghan - the ultimate nepotist and class traitor.<br><br>When (unelected) prime minister he appointed his son-in-law, Peter Jay, Ambassador to the United States of America. The scandals were unrelenting.<br><br>His daughter, Baroness Jay, was leader of the Labour Party in the Lords.<br><br>That "extraordinary witness statement" submitted by Sir Michael Jay was not a request. It was a command issued under authority of the Treason Felony Act of 1848.<br><br>Once again the Queen had used her personal power to overrule the common law.<br><br>Elizabeth Windsor is a monstrous murderer.<br>All those deaths can be put down to her and her alone.<br>And her family knows it.<br>And they intend to keep on doing it <p></p><i></i>