24th October 2005

HIGH COURT TO DECIDE WHETHER BRITISH COMPANY CAN BE
HELD RESPONSIBLE FOR WAR CRIMES IN IRAQ AND PALESTINE


In a three day High Court hearing (1st-3rd November) as part of the ongoing injunction trial against Brighton peace activists, the UK government will once more face accusations that the Iraq war was illegal. The Court will also decide whether weapons manufacturers in the UK can be held responsible for war crimes committed with the use of their merchandise.

The Attorney General’s office has controversially intervened in proceedings to argue that UK foreign policy is not subject to the rule of law because of the special nature of the Royal Prerogative.

In a previous hearing Judge Simons ordered that the court decide
“Are matters of UK foreign policy and deployment of the UK’s armed forces in the exercise of the Royal Prerogative matters which are justicible".

The defendants are fighting an injunction from Brighton arms manufacturer EDO MBM under the Protection from Harassment Act 1997 The injunction seeks to restrict their right to free speech and assembly. Injunctions under this act however do not apply if the purpose of the defendants is to “prevent or detect crime”

Evidence submitted to the court shows that EDO MBM manufacture bomb release mechanisms and guidance systems in use with UK, US and Israeli forces. Those weapons were used (and are being used) in the illegal invasion and occupation of Iraq and the Occupation of Palestine.

The Court will be shown graphic evidence of the aftermath of air-strikes, in the shape of photographs and eyewitness statements of survivors.


THERE WILL BE A DEMONSTRATION OUTSIDE THE ROYAL COURTS OF JUSTICE ON TUESDAY 1st NOVEMBER AT 9.30 AM


Notes for Journalists

Brighton & Hove is a UN Peace Messenger City

The injunction referred to was served under the 1997 Protection from Harassment Act (originally designed to protect women from stalkers) and is the first of its kind directed at activists outside of the animal rights movement. Crucially it is a civil injunction but carries criminal penalties. It affects anyone deemed to be a protestor. Initially EDO/MBM requested a large "exclusion zone" comprising the whole of Home Farm Industrial Estate.

They and Sussex police also wanted to limit demonstrations to two and a half hours, with less thanten people who had to be silent. Judge Gross refusedto impose these conditions at the initial hearing of an interim injunction, which was put in place in the period before the full trial to be heard at the High court in London from November 21st. In his summing up he said, "The right to freedom of _expression is jealously guarded in English law" and consequently refused to impose the requested limits on size, timing or noise made at demonstrations. He also said that he doubted that protesters were 'stalking' employees of EDO MBM.

EDO MBM Technologies Ltd are the sole UK subsidiary of huge U.S arms conglomerate EDO Corp, which was recently named No. 10 in the Forbes list of 100 fastest growing companies. They supply bomb release mechanisms to the US and UK armed forces amongstothers. They supply crucial components for Raytheon's Paveway guided bomb system, widely used in the "Shock and Awe" campaign in Iraq.

EDO also withdrew a threatened libel action against Indymedia over being named as "warmongers".

Lawson-Cruttenden & Co
Solicitors firm working for EDO have been instrumental in developing the Protection of Harassment Act 1997 from a measure designed to safeguard individuals to a corporate charter to make inconvenient protest illegal. Theyhave pioneered to use of injunctions to create large "exclusion zones". They have secured numerous injunctions against anti-vivisection and anti-GM protestors.

Campaign against EDO MBM
People involved in the anti-EDO campaign include, but are not limited to: local residents, the Brighton Quakers, peace activists, anti-capitalists, Palestine Solidarity groups, human rights groups, trade unionists, academics and students. The campaign started in August 2004 with a peace camp. It's avowed aim is to expose EDO MBM and their complicity in war crimes and to remove them from Brighton.


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