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Statement of Irish lawyers on build-up to War national |
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news report
 Thursday March 06, 2003 14:33 by conor obriain obriainsols at eircom dot net 087/9189729
 Over 70 solicitors and barristers have signed a statement opposing the build up to war on Iraq and the Irish State's involvement in same. SUMMARY PUBLIC STATEMENT In supporting US war preparations, the Irish Government’s conduct is analogous to the most serious criminal conduct under Irish Law. In Ireland, when force is used without justification, anyone who knowingly helps another to cause serious harm or death is liable to be convicted and imprisoned. Whether or not the Security Council passes a resolution purporting to authorise war, the planned war against Iraq is unnecessary and unjustified. The U.S. is preparing to use unreasonable force, causing the deaths of thousands of innocent people in breach of fundamental principles of international law. The Irish Government is aware of the intentions of the US but continues to give practical assistance to the preparations for war. The example of the US and Irish Governments is a recipe for disaster on a personal and global scale. The Government of Iraq has done great evil: if killing the people of Iraq is a legitimate way of dealing with that evil, where and when will the killing end ?
PUBLIC STATEMENT The U.S. Government’s plans for war are in violation of accepted norms of international law, in particular, that force should not be used by states on the grounds that they are under threat unless: a) the danger arising from the threat is imminent; and b) all alternative means of protection have been exhausted; and c) the force used is proportionate to the imminent danger. In giving practical assistance to the preparations for war against Iraq, the Irish Government appears to be in breach of the principles grounding the Irish law relating to the use of violence. Under the law in this country: a) violence may only be used when it is necessary to effect a lawful purpose, usually to protect against the imminent use of unlawful violence by another; b) the amount of violence used must be limited to that which is reasonably necessary to achieve that lawful purpose; c) anyone who uses violence and harms another when that violence is unnecessary or the amount of violence is more than is necessary commits a criminal offence punishable by imprisonment; d) people who knowingly assist another in using unlawful violence are criminally liable for helping carry out the planned violence. This law reflects the generally held desire to avoid bloodshed if that is reasonably possible; to hold responsible those who cause unnecessary harm; and to recognize that a failure to uphold this law would result in escalating cycles of violence. It appears that the United States government is intent upon and preparing for the use of large scale military action against Iraq, despite the absence of any imminent threat from Iraq. It also appears that the Irish Government is permitting the use by U.S. military of Irish airspace and facilities at Shannon Airport knowing that this amounts to material assistance in an enterprise which includes within its terms an intention to cause unreasonable and unnecessary death and destruction. The international consequences of death and destruction in Iraq are unpredictable and may be severe and far-reaching. The fact that the Dail has not approved giving such assistance raises a serious question as to whether the representatives of the Irish people are willing to take responsibility for their acts and omissions. We request: a) that citizens clearly and urgently communicate their views on these matters to the Government and to members of the Dail; b) that citizens and the Government use all peaceful and lawful means to oppose the proposed war against Iraq. Counsel *Gerard Clarke S.C. |
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Comments (13 of 13)
Jump To Comment: 13 12 11 10 9 8 7 6 5 4 3 2 1The longer the list of thick-as-a-brick-lawyrers the more I worry..
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Giollaiosa O Lideadha might be the best example of a hypocrite in the history of hypocrisy. He accuses the US Government of torture and and yet the same fool stands before the Irish courts seeking to defend a piece of human feces named Curran who drove a screwdriver through the brain of two innocent men. To me it says that the standards for passing the Bar must be abhorently low to have allowed this clown to practice law.
John Doyle
"The attempt to portray him [Saddam] as a nutter"
You really are what these guys call a "useful idiot".
Sort your life out.
QUOTE:no-one would know it was about to happen or even, after it happened, who did it.
ANSWER:given that Osama bin Laden and his screwball associates made at least one previous attempt to blow up the Twin Towers and that the CIA had been warning Clinton and then Bush that these Saudi Arabians were not good people to be backing and that it was very quickly known who did 9-11 your whole post is proven to be founded upon a false assertion isn't it?
QUOTE:The really, really terrifying part of this scenario is that there is basically no defence against it: the only thing you can do is engage in pre-emptive attack.
ANSWER:Pre-emptive attacks are illegal under international law. Furthermore they don't guarantee security from people that are protected associates of our elites: most of the 911 attackers were Saudis and ObL was a client of the CIA. The role of the West in financing, supporting and encouraging anti-Democratic semi-fascists should not be forgotten when we mourn those that perished in 911. If we are really interested in avoiding this we should stop supporting the anti-Freedom, anti-Democratic regimes that trample human rights (Turkey, Indonesia, Israel are all good examples).
QUOTE:Saddam Hussein is perceived to be such a loony,
ANSWER: OK, how did we get from your example of the Twin Towers/911 to Iraq? Hussein has not been shown to have anything to do with it despite the strenuous attempts of the USA to prove otherwise. Furthermore all Hussein's actions up to and including the invasion of Kuwait had the blessing of the USA. It is well documented that Hussein was given at least a "we don't care" from the USA when it sounded them out on how they felt about Kuwait being invaded.
QUOTE:such a ruthless, psychopathic loony, that he can't be trusted not to be involved in such an enterprise. This is one of the sources of the war on Iraq.
ANSWER:What? The "perception" of Hussein is one of the sources of the war? Ha ha.
The US-created dictator and human rights abuser Saddam Hussein has acted as a logical, callous and rational player of international Realpolitik. The attempt to portray him as a nutter and to tie him to 911 is the work of those grasping at straws.
Ireland, as you point out, doesn't count for much militarily. But we are trying to do our bit to stop the US airforce violating our neutrality, and although our "leaders" are going to get booted for their part in this, our people are not in favour of the war. This is similar to the situation in most countries across the world. The majority is against this war on the grounds of morality and international stability.
As a "lawyer" I'm sure that you're aware that the codification of that morality and customs in international law indicate that the USA is acting in a criminal manner and has done for quite some time.
It's about time the Irish Government fced the threat of jail for their complicity in criminal acts.
Nothing has changed since 7/11 except the US has tried to bully and buy to world to it and Israels will. It's not working . Ye haaaa! Ireland and a lot of other "unimportant countries seem to have put a spoke in tht wheel.
Take a bow anti war protestors.
So post your comments where they will!
Piss off Avi stooge.
PS Please don't act as though what happens on this issue in Ireland matters or that anybody really cares: I hate to tell you this but Ireland is just not an important country in the international arena...
Iraqi civilians will get killed whether there is a war or not: they are governed by a psychopath! Hello???
BTW, the US will try as much as possible (as the Israelis do) to minimize civilian casualties. Contrast this with the Psychopath of Bagdad's cynical use of idiot human shields and the siting of military assets in residential areas.
Now there should be no doubt as to who the real criminals are: By aiding and abetting the impending mass murder of Iraqi civilians Ahern and Harney are engaging in criminal activity. If the lawyers who signed the statement are really serious they should seek a High Court injunction forcing Harney and Ahern to cease and desist from their criminal activity. Also Mary Kelly and the Ploughshare 5 and the 10 arrested last Saturday took lawful action against the criminality of Ahern and Harney. Those is jail should be released and charges against everyone should be dropped. If these lawyers are serious a statement is not enough. They need to come forward and enter the courts, to release those charged and to indict the real criminals, Ahern and Harney. How about it attorneys? Are you serious?
Strangely enough, I was trained as a lawyer years ago...What I think people here have not grasped is that the events of 9/11 changed all the ground rules for warfare. It was something like an earthquake for military planners. Overnight, the theory of deterrence against an enemy's use of weapons of mass destruction, a theory that had kept the Western world snug in its beds for over 50 years, went straight out of the window:it proved that terrorists have the will to inflict mass casualties anywhere in the world without warning. Put this together with recent advances in nuclear/bio/chem technology and you have a situation where, say Ireqi agents, the IRA, FARC, Al Qaeda or even Manchester United for that matter, could acquire, say, a nuclear weapon and explode it downtown Manhattan, London (or even Dublin) and no-one would know it was about to happen or even, after it happened, who did it. The really, really terrifying part of this scenario is that there is basically no defence against it: the only thing you can do is engage in pre-emptive attack. Saddam Hussein is perceived to be such a loony, such a ruthless, psychopathic loony, that he can't be trusted not to be involved in such an enterprise. This is one of the sources of the war on Iraq. Think this is all far-fetched? So if I had said that Arabs were about to hijack lots of airliners and destroy the WTC with them, killing thousands of people, if I had said this on September 8, 2001, that would have seemed far-fetched too, wouldn't it?
Great to see the legal eagles support a peaceful resolution to the crisis. any chance one or more of these principled fellows would represent the arrested ones?
It would also be a good idea to have lawyers on standby at any future demonstrations where arrests are possible - the 10 arrested at Shannon last Saturday had no access to any legal advice (despite some of them asking for same) until they reached the courtroom to be charged.
ps where did the article about this posted yesterday afternoon disappear to (along with my similar comment)?
has posted eight articles in Catalan on the legal issues involved in the current phase of Protest, civil disobedience, Pacifism etc.,
with photographs as illustration of the issues being faced by Protesters in Barcelona.
These issues are the same in several European states where criminalisation of activism has reached unprecedented levels.
The rights of free association and free speech are being threatened.
The articles are each prefaced
"Tots els casos formem part de la mateixa frustració, si es que pot dir-se així, el fet de ser detingut, humiliat i jutjat".
[=all cases form part of the same frustration that it is to say the fact of being detained, humiliated and judged]
http://barcelona.indymedia.org/front.php3?article_id=34563&group=webcast
http://barcelona.indymedia.org/front.php3?article_id=34564&group=webcast
http://barcelona.indymedia.org/front.php3?article_id=34565&group=webcast
http://barcelona.indymedia.org/front.php3?article_id=34567&group=webcast
http://barcelona.indymedia.org/front.php3?article_id=34568&group=webcast
http://barcelona.indymedia.org/front.php3?article_id=34569&group=webcast
http://barcelona.indymedia.org/front.php3?article_id=34570&group=webcast
http://barcelona.indymedia.org/front.php3?article_id=34571&group=webcast
::criminalization:: tortures, terrorism, false witness...
I recommend looking at the photographs.
to better understand BCN and indeed Italian activism.
I'm not a solicitor but I am convinced that there has to be a question mark over the barring orders which have been placed on a number of those brought before the courts for involvement in Direct Action at Shannon.
These people, most of them Irish citizens, have been barred, not just from the vicinity of Shannon Airport, but from the entire County of Clare. This must be questionable to say the least.
What about a citizen subjected to such a citizen who want's to trave, for instance, from Cork to Galway? or who in the course of his or her work may have to traverse Co. Clare, though not necessarily enter Shannon Airport.
Please can some of the lawyers look into this disgraceful order against peaceful protesters!