Dispelling the Government's myths about Shannon Airport

national | miscellaneous | news report Thursday March 20, 2003 11:57 by Eoin Dubsky - Refueling Peace info at refuelingpeace dot org 087-6941060

Reported on RTE News yesterday, Bertie Ahern, defended the Irish government's decision to allow US military flights still overfly and refuel here. I want to briefly dispell some of the myths he is relying on to win support from the parliament (Dail Eireann) later today. Speaking on RTÉ's Six One News, Mr Ahern said that he was not prepared to withdraw access to the airport which had existed since 1955.

** MYTH ****************
Withdrawing access to the US military would be a hostile act.

** REALITY *************
Art. 10: The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.

(Hague Convention V, 1907: Convention Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land)

** MYTH ****************
There was clear legal support for the view that providing landing and ancillary facilities does not mean actively engaging or participating in a war.

** REALITY *************
The opposite is true. See laws of neutrality again, Hague Convention V.
Art. 2: Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a Neutral Power

Art. 5: A Neutral Power must not allow any of the acts referred to in Articles 2 to 4 to occur on its territory.

The Hague Conventions are part of international customary law and our Constitution at Article 29.3 states that "Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States."

"There is little doubt that under international law our duties as a neutral state in a case of hostilities would be to use the means at our disposal to prevent the entry of belligerent military aircraft into our airspace, to compel such aircraft to alight and to intern aircraft and crew." These are the words Con Cremin used considering a request for blanket permission by the US for military overflights.

Mr. Cremin isn't a peace activist or a subversive. The quotation comes from a government document now in the National Archives on the subject of neutrality, written in 1958 by Mr Cremin, one of the most eminent figures in the history of the Irish diplomatic service.

The law of neutrality defines the legal relationship between nations engaged in an armed conflict (belligerents) and nations not taking part in such hostilities (neutrals).

See also:
- http://www.cpf.navy.mil/pages/legal/NWP%201-14/NWPCH7.htm
- http://www1.umn.edu/humanrts/peace/docs/con5.html

** AGGRESSION ***************
If the United States is engaged in an act of aggression, then allowing Ireland be used for perpetrating that act would constitute an act of aggression too as determined by Article 3 (f) of the Definition of Aggression agreed by the UN General Assembly in Resolution 3314:

"Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with the provisions of article 2, qualify as an act of aggression:… (f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;"

Shannon Airport as 'human shield'
***********************************************
Use of Shannon Airport for refueling United States military flights during a war would constitute a war crime too as determined by Article 8 (2) (b) part xxiii of the ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT:

"War crimes means...serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts;…(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;"

Depleted Uranium
***********************************************
US military flights passing through Ireland could be carrying depleted uranium weapons or other 'nuclear material', which if they threaten to use to cause death or serious injury to any person or substantial property damage would be an offence under the RADIOLOGICAL PROTECTION ACT, 1991 SECTION 38. 'Nuclear material' in this Act has the meaning assigned to it by Article 1 of The CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL. According to the Act it doesn't matter whether the threat is meant for here or abroad.

According to Article 36 of Protocol I additional to the Geneva Conventions, States are required to ensure that any new weapon, means or method of warfare does not contravene existing rules of international law. These rules prohibit weapons, means or methods of warfare of a nature to cause superfluous injury or unnecessary suffering, which have indiscriminate effects or which cause widespread, long-term and severe damage to the natural environment. The Geneva Conventions have been brought into Irish law most recently with the GENEVA CONVENTIONS (AMENDMENT) ACT, 1998. Depleted uranium weapons and nuclear weapons obviously fall fowl of this Act.