LONDON NUCLEAR WARFARE TRIBUNAL
Evidence,
Commentary, and Judgment
Appendix D
Interim Declaration
This Appendix presents the Interim Declaration which was issued by the
Members of the Tribunal on the last day of hearings at the London
Nuclear Warfare Tribunal.
Interim Declaration
of the
London Nuclear Warfare Tribunal
6th January 1985
After listening to expert testimony for the past four days and
considering very extensive written submissions, the London Nuclear
Warfare Tribunal issues this Interim Declaration of its main
conclusions and recommendations. A reasoned Judgment will be prepared
and published in due course. The Tribunal also plans to publish a
volume that will contain the evidence and the main documentation on
which the Judgment was based.
The Tribunal has been organized and arranged by the British group,
Lawyers for Nuclear Disarmament, together with the following supporting
organizations: Architects for Peace;
Campaign for Nuclear Disarmament;
Ecology Party;
Haldane Society of Socialist Lawyers;
Journalists Against Nuclear Extermination;
Medical Campaign Against Nuclear Weapons;
National Peace Council;
National Union of Public Employees;
Scientists Against Nuclear Arms;
Scottish Lawyers for Nuclear Disarmament;
Society of Friends (Quakers);
Teachers for Peace;
United Nations Association.
It has been from start to finish a private initiative, operating with
complete political independence, and without influence from any
government. The organizers did make diligent efforts to obtain the
participation of government representatives from the main nuclear
powers, but without success. The intention was to present the Judges of
the Tribunal with the arguments about nuclear weapons policy in as
realistic and careful form as possible. To offset the absence of
participation by current political and military leaders, each witness
appearing before the Tribunal was cross-examined by a trained and
prepared lawyer from a viewpoint that incorporated official thinking,
especially prevailing ideas about the morality, legality, and
reliability of deterrence as an acceptable way to live with nuclear
weapons.
The expert commentary presented to the Tribunal can be divided into
four main sections:
- evidence relating to the medical and environmental effects of
nuclear warfare, including information about the secondary effect of
"nuclear winter";
- evidence relating to the history of the growth of nuclear arms and
of proposals for their use in the last forty years, the concepts of
deterrence and counterforce and current weaponry and strategy and their
bearing on the overall risk of nuclear war now confronting humanity;
- evidence relating to the moral and religious implications of
nuclear war preparations, and their consequences for citizen
accountability;
- evidence relating to the legal character of nuclear weapons,
prevailing strategies and potential patterns of use, as well as the
consequences for the individual legal responsibility of leaders and
others associated with the use and production of this weaponry.
D.1 Preliminary Conclusions
At this stage of its deliberations the Tribunal is prepared to release
the following preliminary conclusions. These conclusions might be
modified or extended on the basis of the further reflection required to
produce a Tribunal Judgment.
- It is now established beyond any reasonable doubt that any major
nuclear exchange would be an unprecedented human and environmental
catastrophe, posing a serious threat to the survival of all life on the
planet. One aspect of this threat has been dramatized by the
experimental findings that soot and dust from nuclear explosions
totalling no more than 100 megatons could produce a "nuclear
winter" of at least several months' duration.
- The evidence presented overwhelmingly convinced the Tribunal that
current weapons developments and strategies for their use (such notions
as "limited nuclear war", "first-strike options",
and "winnable nuclear wars") are creating acute public
anxiety and produce a set of tendencies in international affairs that
make the outbreak of nuclear war virtually inevitable at some point in
the years ahead.
- The evidence established beyond reasonable doubt that governments
of nuclear weapons states have preferable alternatives to their current
reliance on deterrence and maintaining a favourable position in the
nuclear arms race.
- The evidence was overwhelmingly convincing that there is no
acceptable way to reconcile these weapons developments and strategies
with prevailing morality, either as interpreted by the main world
religions or by the leading ideas of non-religious political ethics.
- The Tribunal was satisfied that current and planned weapons
developments, strategies, and deployments violate the basic rules and
principles of international law both customary and conventional, the
procurement and use of such weapons involve infringements of the
Charter of the United Nations, the Hague Conventions of 1899 and 1907
on the Law of War, the Geneva Conventions of 1949 and the Geneva
Protocols of 1977.
- The evidence was convincing that the Principles of the Nuremberg
Judgment (the Nuremberg Principles), unanimously endorsed by a
resolution of the United Nations General Assembly, as well as the
Genocide Convention, are being violated in the most extreme fashion by
ongoing preparation to wage nuclear war, especially to the extent that
plans include indiscriminate, poisonous and massive destruction of
civilian populations, amounting to a conspiracy to wage aggressive war.
It appears to the Tribunal that this is particularly true of
newly-developed and highly accurate weaponry.
- The evidence overwhelmingly established that war preparations are
undermining the maintenance of political democracy and constitutional
government in the nuclear weapons states, and compromising the
sovereign rights that non-nuclear states, especially for those states
that adhere to a policy of neutrality.
- The evidence established that resources devoted to war are
excessive and wasteful, even given a commitment to military methods of
self-defence, and that this circumstance greatly complicates the
challenge of overcoming widespread poverty at home and abroad, an
effect especially shocking at this time of massive famine in
sub-Saharan Africa.
D.2 Recommendations
These conclusions lead the Tribunal at this stage of its deliberations
to offer the following recommendations:
- THAT official studies be undertaken by
governments and international institutions to consider longer term
alternative security policies to that of nuclear deterrence, including
comprehensive disarmament (within the framework of the 1961
McCloy-Zorin Principles), non-provocative defence arrangements, and the
strengthening of the United Nations and regional security organizations
(as distinct from Alliances);
- THAT immediate steps be taken by governments to
renounce unconditionally any reliance on weapons, doctrines, and
manoeuvres being developed or possessed for potential first strike or
first use roles;
- THAT lawyers and lawyers' groups throughout the
world accept as a matter of professional responsibility an urgent
obligation to create an awareness as to the vital importance of the
issues involved and the role which lawyers should play;
- THAT also, political and military leaders as well
as scientists, engineers, soldiers, and workers consider their own
moral and legal responsibility for participating directly or indirectly
in preparations for nuclear war and to uphold their personal and
collective obligations;
- THAT peace groups and individual tax-payers
consider adopting extraordinary means of non-violent direct action to
increase levels of public opposition to current preparations and plans
for nuclear war;
- THAT moral authorities, legal specialists, and
educators, re-examine and extend notions of citizenship and
conscientious objection to justify refusals of individuals in military
or government service to participate in any way in nuclear war
preparations.
Dated this 6th day of January, 1985, at London, England.
Signed by the Members of the Tribunal,
Sean MacBride,
Chairman of the Tribunal
Richard Falk,
Dorothy Hodgkin,
Maurice Wilkins,
Members of the Tribunal
© 1985-2005 Geoffrey Darnton. All rights reserved. gdarnton@nuclearwarfaretribunal.org