Scottish High Court Told UK Nuclear Threat is Real
Nuremberg Principles Give Activists Right to Intervene

As the hearing of the Lord Advocate's Reference resumed on 14 Nov in the High Court in Edinburgh, Advocate John Mayer, on behalf of Trident Three member Ulla Roder, argued that the women were right to intervene to try to stop Britain's ongoing nuclear crime.

All parties to the hearing accepted that the Nuremberg Principles were an established part of customary international law as had been agreed by all the judges in the Pinochet case. Mayer went on to argue that these principles, which spell out the duty of the military etc. not to obey illegal orders, by extension conveyed a right on ordinary citizens to intervene to uphold the law and protect the vulnerable. Lord Prosser pointed out that such a right was already established in the recognised defence of Necessity, though he added that some analysis of the situation was required before intervention was undertaken. Mayer pointed out that the right to intervene must be backed by objective knowledge.

Mayer also dealt with the issue of threat. Under international law, to threaten an illegal action is in itself illegal. Mayer quoted a speech in the House of Commons by the then Defence Secretary George Robertson. Robertson said that the UK's nuclear deterrent was well in place and went on to say that, " No-one should mess with us."