3rd
November 2005
ATTORNEY GENERAL INTERVENES TO SAVE UK ARMS
COMPANY FROM WAR CRIMES ACCUSATION
Yesterday the Attorney general
intervened in an injunction trial at the High Court to limit UK
arms companies culpability for war crimes. The Attorney General's
office applied to address proceedings during a three day hearing
into an injunction taken out against protesters by EDO MBM a Brighton
based weapons manufacturer.
The injunction under the Protection
from Harassment Act 1997 seeks to limit the right to protest outside
the claimant's factory in Brighton. The defendants, a collection
of peace protestors say that as their actions were intended to
prevent breaches of international law and war crimes the injunction
cannot apply.
Mr Perry, barrister for the Attorney
General told the court that irrespective of the number of civilian
casualties due to air strikes in Iraq the crucial issue was whether
or not the attacks on civilians had been 'systematic'. He suggested
that any civilian casualties were as a result of obtaining direct
military objectives. The court was not told what those objectives
were. Any civilian casualties were therefore 'regrettable' and
'tragic' but not war crimes. The claimant's actions in supplying
the UK and US militaries with bomb release systems and guidance
mechanisms could not be considered as arming an 'illegal' war
because 'aggression' is not a crime under domestic law.
The Court was shown graphic evidence
of the aftermath of air-strikes, in the shape of photographs and
eyewitness statements.
Judge Wallace has said that he
will deliver his judgement at 2pm on Friday 4th November at the
Royal Courts of Justice.
Andrew Beckett, press spokesman
for SMASH EDO said "We find it telling that the Attorney
General's office was so swift to intervene in this case as soon
as it touched on the subject of the legality of the war - rather
than offer an independent perspective we suspect this intervention
to be about providing a smokescreen for an illegal war which resulted
in 100,000 casualties, mostly from air-strikes"
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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