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UK faces legal challenge over replacing nuclear missiles

IRNA - Islamic Republic News Agency

London, March 9, IRNA
UK Nuclear Arms-Legal Challenge
The British government is facing a legal challenge over its claim that its controversial plans to replace the country's Trident nuclear missiles is compatible with the Non- Proliferation Treaty.

Nuclear Information Service (NIS) said Friday it was calling on Defence Secretary Des Browne and Foreign Secretary Margaret Beckett to confirm that the government's contention in relation to the proposed replacement and NPT obligations was "incorrect in law." "It cannot be satisfied that the replacement of Trident would be compatible with international law," said the campaign group, which seeks to promote public awareness and foster debate on nuclear disarmament, related safety and environmental issues.

Its lawyer, Phil Shiner, said the government had "completely misunderstood international law on two vitally important issues," referring to the legal opinion of two eminent barristers, which ministers chose to ignore.

"The first is that replacing Trident would be a clear breach of its obligations under Article VI of the Nuclear Non-Proliferation Treaty, including that it must move to disarm," Shiner said.

"The second is that it can never threaten to use such a weapons system as it cannot discriminate between military objectives and civilians," he said.

NIS, which has joined forces with Peacerights, the conflict resolution group, said it was proposing to seek a judicial review to invite the courts to ensure the government's compliance with the relevant legal standards.

Di McDonald of NIS said the legal opinion by human rights barristers Michael Fordham and Naina Patel conforms that the issue is a proper subject to be addressed by a UK court.

"There has been no proper Consultation on whether or not the UK needs nuclear weapons forever. The government has no method of weighing the views of consultees, and is not reporting to parliament on the results of a consultation," McDonald said.

"It is merely restating over and over again that is wants a new- generation nuclear weapons system. This view is at odds with the majority, and at odds with building a safer world," she said.

The threat of a legal challenge comes as MPs, opposed to replacing Trident, are seeking to delay the government's rush to build a new generation of nuclear arms in parliament next week.

A report by the Defence Select Committee on Wednesday also accused ministers of failing to answer fundamental questions about plans to renew Trident, including its true cost, why a decision must be taken now, and who it is meant to deter.

Last month, the British government suffered a setback to its controversial plans to build a new generation of nuclear power plant when the High Court ruled that its consultation process was "seriously flawed" and "procedurally unfair."
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