21st NOVEMBER 1998
WHAT MAKES THE THREAT OR USE OF NUCLEAR WEAPONS ILLEGAL?

Nuclear weapons fail to discriminate between military and civilian targets and personnel and fail to comply with the principle of neutrality in time and place.

Because of their very nature, nuclear weapons cannot be used without violating international law. The use or use of nuclear weapons is therefore clearly illegal.

Ak Malten states on neutrality in time:

"I cannot think of a war which goes on for 240,000 years.

But during the explosion of a nuclear bomb made with Plutonium 239 Plutonium dioxide is formed, which remains poisonous for 240,000 years.

In reality it is impossible to escape from this fact when using Plutonium 239, and therefore it is also impossible to escape the violation of the principle of neutrality.

This means that it is illegal to use Plutonium bombs in ALL circumstances under international law."

What Has This Illegality of Nuclear Weapons To Do With The Nuremberg Principles?

Nuremberg Principle IV reads:

"The fact that a person acted pursuant to an order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

Any military person should go on refusing an order of his superior to prevent his government from committing an international crime under Nuremberg Principles. The civilian, who in his or her role of nuclear resister, tries to do everything in his or her power to do exactly the same is only going one step further.

What, Then Are Those international Crimes Under Nuremberg Principles? What Crime Could This Nuclear Resister Be Trying To Prevent His Or Her Government From Committing?

Nuremberg Principle VI reads:

"The crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace:
(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

(b) War crimes:
Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation to slave-labour or for any other purpose of civilian population of, or in occupied territory, murder or ill-treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

(c) Crimes against humanity:
Murder, extermination, enslavement, deportation and other inhumane acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of, or in connection with any crime against peace or any war crime."

So, How Do Nuclear Weapons Relate To The Nuremberg Principles?

"....., the threat to use nuclear weapons (i.e., nuclear deterrence/terrorism) constitutes ongoing international criminal activity, namely: planning, preparation, conspiracy and solicitation to commit crimes against peace, crimes against humanity, war crimes, as well as grave breaches of the Four Geneva Conventions of 1949, their Additional Protocol One of 1977, the Hague Regulations of 1907, and the international Convention on the Prevention and Punishment of the Crime of Genocide of 1948, inter alia. These are the so-called inchoate crimes that under Nuremberg Principles constitute international crimes in their own right. The conclusion is inexorable, therefore, that the possession, design, testing, development, manufacture, deployment, and the threat to use nuclear weapons together with all their essential accoutrements are criminal under well-recognized principles of international law....."

[Quote from: Francis A. Boyle: "The Nuremberg Defence in Courts";
in "The Right To Refuse Military Orders" ;
page. 83 - 84; IPB, 1984;
ISBN 951-9193-40-5;
Edited By Merja Pentik,inen]

WE, CITIZENS OF THIS WORLD, SEE IT THEREFORE AS OUR DUTY ACCORDING TO THE NUREMBERG PRINCIPLES TO ACT, TO UPHOLD INTERNATIONAL LAW, AND WILL TAKE RESPONSIBILITY BY INSPECTING NUCLEAR SITES OF CRIME IN ORDER TO PREVENT THIS CRIME FROM HAPPENING.


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