Sylvia Boyes and I have both been taking non-violent direct action against nuclear weapons since the early 1980s. After countless arrests, court appearances and prison sentences, we found ourselves in court yet again on the 24th of September this year.
Dumbarton JP Court is the one which was so appropriately decorated by Barbara Dowling and Janet Fenton two years ago, when they were not allowed to say a single word in their own defence. Sylvia and I were expecting to be interrupted and maybe silenced completely and to receive hefty fines and costs. I had decided to break into song: ‘Friends, only Love will bring Peace…’ in these circumstances.
And what of our ‘crime’? Back in February this year I had hoped we would be entering the Trident nuclear weapons base at Faslane through a hole in the main fence, and with others. This was not to be. On the evening of the 3rd of February we hung Sylvia’s banner, ‘Disarmament – if not now, when?’ at the South Gate, lit a candle and did a silent vigil. After a few hours’ sleep at the Peace Camp, we rose at 3.15am and walked along the fence with bolt-cutters. Sylvia thought we should cut straight into the gardeners’ hut area, which has an old-fashioned, easy-cut fence round it. How right she was, for we were still cutting when a Police car stopped behind us. We hastily scrambled through, and went in different directions: Sylvia to hang her banner on the gate to the base-proper, me to spray-paint two CND signs and the start of ‘Scrap Trident’ on the gardeners’ hut.
We both felt, I think, that as long as Trident is still operational, we need to use ‘our gentle power to shock, confront and re-awaken’ (in the words of TPer David MacKenzie). There are many ways of drawing attention to the evil and illegality of weapons of mass destruction. This was ours on that day.
The two JPs who heard our case were fair and respectful, and allowed us to sit at the table with the lawyers. While Sylvia was cross-examining one of the police witnesses about why they had not stopped us getting through the hole, she was told ‘You were too quick for us’. We were aged 64 and 69 at the time, so felt rather impressed with our own agility!
Sylvia read the statement which she had read on the day while we were waiting for the car to remove us. Because this could not be refused, I was allowed to read a paragraph from HE Judge Mohammed Bedjaoui’s Postscript outlining his opinion that Trident is illegal under International Law. (This was on the basis of evidence of what had influenced me at the time, not as part of a defence.) However, it still seemed good to get the illegality of Trident aired in a court of law, however small. I spoke the words of the song, but did not sing.
Still expecting a fine, we were rather amazed to be found guilty as charged, but then merely admonished. The Prosecution made no attempt to produce a costing of the damage we had caused.
The struggle continues. May these vile weapons leave the seas for ever within our lifetimes
Mary Millington
Sylvia Boyes Letter to Faslane Naval Base February 4th 2013
I would like to explain my reasons and state of mind at the time of my entering the Faslane nuclear submarine base.
I have been a campaigner against war in general and nuclear weapons in particular for over 30 years. Peace with justice cannot be brought about by violence; in fact violence creates more violence.
I remain convinced that all nuclear weapons are weapons of mass murder and mass destruction and are therefore illegal under international laws of war. They are immoral because of the terrible suffering they will cause, not only when used but to future generations. They are a terrible waste of resources which are so much needed for human welfare.
Successive governments have not encouraged or enabled debate on such a serious matter which so affects us all.
The building work and development for the Trident replacement at Aldermaston Atomic Weapons Establishment continues unabated despite the government saying no decision is to be made until the next Parliament^ 2015.
In magistrates courts and crown courts, at more times than I care to remember, evidence has been given in my defence to prove the illegality of all nuclear weapons. Experts with greater knowledge and finer minds have laid the facts to the court. To no avail except in a few cases where the judge ruled that the defendants had a defence but not that Trident was illegal.
I am particularly being lead to take action at this time because of the recent Holocaust Memorial Day events. The Nazis dehumanized the Jews and other groups before sending them into the gas chambers.
I draw parallels between the horrors of the concentration camps and our general acceptance of war and nuclear weapons. No one today can say they do not know of the effects of any nuclear bomb being fired. It must be acknowledged that the continued possession and deployment of these horrendous weapons entails the creation of enemies and implies a willingness to be one of those groups that would allow suffering to be inflicted on another group on an unprecedented scale, both immediately and in the longer term; a suffering from which none would escape.
When the government of my country fails in its democratic duty to disseminate the necessary information to initiate debate on such a vital issue how can I not continue to act. I am a mother with six grandchildren. No nuclear weapons have been used in war since 1945 but they are in use being deployed 365 days a year and if maintained will one day be used. How can I think of the future and not take action against these evil weapons. The German people took many years before facing up to the horrors of the concentration camps. We here in the UK must face up to our role in the silent acceptance of the use of weapons of mass murder and mass destruction.
In being at Faslane I think of the submariners acting on our behalf and the words of a Greenham song “And now underground they do not see the eyes of the dying.” My action is a straightforward statement that the continued possession of nuclear weapons is not in my namejn solidarity with anti-nuclear activists all around the world, I can say with conviction that this is not a one off action but one of many to create a climate of opinion to enable the government to take part in real disarmament negotiations. My banner NUCLEAR DISARMAMENT IF NOT NOW, WHEN is asking that question for us all to answer
Sylvia Boyes
Feb 2013
H.E. Judge Mohammed Bedjaoui
President of International Court of Justice 1994-1997
I have been asked to give a personal opinion on the legality of a nuclear weapons system that deploys over 100 nuclear warheads with an approximate yield of 100 kt per warhead. Bearing in mind that warheads of this size constitute around eight times the explosive power of the bomb that flattened Hiroshima in 1945 and killed over 100,000 civilians, it follows that the use of even a single such warhead in any circumstance, whether a first or second use and whether intended to be targeted against civilian populations or military objectives, would inevitably vio late the prohibitions on the infliction of unnecessary suffering and indis criminate harm as well as the rule of proportionality including with respect to the environment. In my opinion, such a system deployed and ready for action would be unlawful.
from Trident And International Law. Ed. Rebecca Johnson and Angie Zelter. Luath Press. 2011. p.90