| 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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