Nuclear weapons: 10 years illegal

Bombspotters close 10 places in Belgium due to war crimes

July 8, 2006 - Press release

Today, 8th July 2006, is exactly 10 years since the International Court of Justice in the Hague, the highest court in the world, issued an advisory opinion on the question: “Are nuclear weapons in contravention of International Law?”
For the past 10 years it has been clear that all existing nuclear weapons are illegal. However, there are still United States nuclear weapons based in Belgium, at the NATO airbase of Kleine Brogel.

Today, 8th July 2006, Belgium has been breaching international law for 10 years, NATO has been using an illegal nuclear strategy for 10 years, and has refused to bring itself into line with international law.
If nuclear weapons are illegal, they must be removed. For this reason, Forum voor Vredesactie and the Bombspotting campaign are organising 10 actions at 10 different places in Belgium that are responsible for supporting the illegal NATO nuclear weapon strategy.

All existing nuclear weapons are illegal
Nuclear weapons are the largest and most horrific weapons of mass destruction ever developed. For the past 10 years, the moral opposition to nuclear weapons has been complimented by a clear legal argument for the total abolition of these weapons. The advisory opinion of the International Court of Justice, issued on 8th July 1996, amounts to a declaration that all existing nuclear weapons are illegal.
The court referred to two fundamental principles governing the ways that wars are fought, both of which apply to nuclear weapons. First, states must not make civilians a target of attack. As a result, they must never use weapons which fail to distinguish between soldiers and civilians. Secondly, weapons must not cause unnecessary suffering. Weapons that cause suffering, for example by making someones death unavoidable although they are outside the conflict zone, are forbidden. It is impossible for the use of nuclear weapons to respect these rules. Their destructive power is huge, and their effects spread over time and space in an uncontrollable way.
The final conclusion of the court stated: “It follows from the above-mentioned requirements that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law.”

Ministers ignore the conclusions of lawyers
In 1999, the Belgian government asked advice on this issue to specialised lawyers. The minister of Foreign Affairs gave the task to the University of Ghent to research the legality of the use or threat of nuclear weapons in the light of the advisory opinion of the International Court of Justice. The conclusion of the report made it clear that there is a problem:
"From the advice of the International Court of Justice of 8th July 1996 …, it cannot be implied that states are given the possibility to use nuclear weapons in exceptional circumstances."
"If it is accepted that the stationing of nuclear weapons is already a threat of the use of nuclear weapons, it seems that the policy of deterrence, put into practice by the possession and deployment of nuclear weapons, for example under the NATO alliance, is problematic."
What did the government do? Nothing. The nuclear weapons based in Kleine Brogel were not removed, the NATO nuclear weapon policy was not brought into question.

Legal authorities ignore the complaints of citizens
Since 1996, thousands of complaints have been made against the Belgian government as a result of their breach of international law. The complaints have all been dismissed by the public prosecutor.

Bombspotters close 10 places due to war crimes
Today, Forum voor Vredesactie and the Bombspotting campaign make visible 10 places in Belgium that are responsible for supporting the illegal NATO nuclear weapon strategy. We symbolically close these places that, as a result of their economic, political or military involvement with nuclear weapons, are also responsible for the preparation of war crimes.

Preparations for war crimes take place at the Belgian ministries of Foreign Affairs and Defence, and the NATO headquarters in Brussels, as political decisions are taken here about the illegal nuclear weapons.
In the Antwerp harbour, the military barracks of Tarweschoof in Leuven, the military base of Kleine Brogel, the military radar centre in Glons, the NATO satellite communications centre in Gooik and the NATO military headquarter of SHAPE in Mons, preparations for war crimes take place, as all of these sites provide military infrastructure or a location for training, that is necessary for the use of nuclear weapons.
The US arms company Lockheed Martin is also responsible for the preparations for war crimes, through its involvement in the modernisation programme for B61 nuclear weapons, including the weapons that are based at Kleine Brogel.

Forum voor Vredesactie and the Bombspotting campaign demand that the legal authorities must take immediate action to stop these preparations for war crimes. Our government must take its responsibility: the illegal nuclear weapons must be removed from Belgium, and the illegal NATO nuclear weapon strategy must be opposed.
Ten years is more than enough time to comply with the law!