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:
(b) War crimes:
(c) Crimes against humanity:
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";
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.
(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).
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.
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."
in "The Right To Refuse Military Orders" ;
page. 83 - 84; IPB, 1984;
ISBN 951-9193-40-5;
Edited By Merja Pentik,inen]
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