Citizens summons to NATO Secretary General

To:

NATO Secretary General Jaap De Hoop-Scheffer

the Heads of State and Government participating in the meeting of the North Atlantic Council

Whereas the International Court of Justice indicated in its Advisory Opinion of July 8, 1996 the fundamental rules of the international law which are valid for nuclear weapons. Firstly, it is necessary to make the distinction between combatants and civilians, therefore weapons with which this distinction can never be made are not allowed to be used. Secondly, it is forbidden to inflict unnecessary suffering on the combatants, and it is thus forbidden to use weapons which inflict such unnecessary suffering.

Whereas the International Court of Justice in its Advisory Opinion of July 8, 1996 also stated that the entitlement to resort to self-defence is subject to the conditions of necessity and proportionality. And that a use of force that is proportionate under the law of self-defence, must, in order to be lawful, also meet the requirements of the law applicable in armed conflict which comprise in particular the principles and rules of humanitarian law.

Whereas art. 2 §4 UN Charter provides that member states shall refrain in their international relations from the threat or use of force. The International Court of Justice states that if the envisaged use of force is itself unlawful, the stated readiness to use it would be a threat prohibited under art. 2 §4 UN Charter. Concerning the policy of deterrence the International Court of Justice states that when the particular use of force envisaged as a means of defence would necessarily violate the principles of necessity and proportionality it would be a threat contrary to art. 2 §4 UN Charter. By consequence a policy threatening in case of self-defence with a particular use of force which would violate international humanitarian law is itself in violation with art. 2 §4 UN Charter.

Whereas the International Court of Justice considers the Charter of the International Military Tribunal of 8 August 1945 as customary law.

Whereas the destructive power of nuclear weapons cannot be contained in either space or time, we conclude that nuclear weapons can not be used without violating international humanitarian law. By consequence also the threat to use nuclear weapons or a deterrence policy with nuclear weapons is in violation with the UN Charter.

Whereas that nuclear weapons can not be used without violating international humanitarian law, the use of nuclear weapons would be a war crime and a crime against humanity. Preparing the use of nuclear weapons a part of a deterrence policy is a preparatory act for these crimes and in itself a crime against peace.

Whereas common art. 1 of the Geneva Conventions provides the obligation to respect and to ensure respect for these Conventions in all circumstances.

Whereas NATO and its member states act in violation of the mentioned rules of law by:
issuing orders to its military personnel to prepare for the illegal use of nuclear weapons
making conditional plans to use, through its member nuclear weapon States, a stockpile of nuclear weapons which, because of their yield, would necessarily violate international humanitarian law
retaining the option to use nuclear weapons first in future conflicts

Whereas people from all over Europe have filed legal complaints against NATO nuclear policy and have asked their legal authorities to stop the preparation of war crimes.

We summon:

NATO and its member states to change its illegal nuclear policy, to end the role of nuclear weapons in its strategy and to withdraw and dismantle all remaining nuclear weapons,

the government leaders meeting as North Atlantic Council in Riga to use this meeting to take the necessary steps,

the NATO secretary general Jaap De Hoop-Scheffer to put this issue on the agenda of the North Atlantic Council and to transfer this summons to the government leaders.

We hereby give you notice that until you take immediate action to review NATO's illegal nuclear policy we shall use all means in our power, including direct non-violent resistance, to intervene against all preparations for nuclear war at all the places where they are carried out.

Signed

Greenpeace Bombspotting Vredesactie