|
Shannon Airport in County Clare, Ireland is being used by the U.S. military for refuelling planes. The planes carry troops and weapons bound chiefly for Iraq (some for Afghanistan). Shannon is a civilian airport, but has been integrated into a war machine, contrary to the wishes of the Irish people.
Ireland enjoys the reputation of a neutral country, but this, unfortunately, turns out to be little more than a myth propagated by successive governments. The Irish constitution states in article 28.3.1:
"War shall not be declared and the State shall not participate in any war save with the assent of Dail Eireann."
Article 28.4.1 affirms that:
"The government shall be responsible to Dail Eireann."
(The Dail refers to Ireland's elected parliament)
Under Article 28.3.1 of the Irish Constitution, a UN Resolution was needed to launch a war of significant military action against the state of Iraq in order to allow use of any Irish airport such as Shannon, or Irish airspace for the purposes of any such military action or war. Judge Kearns has ruled in the High Court of Ireland that there has been a breach of Irish neutrality.
Over 100,000 U.S. troops have come through Shannon since January 2003, well over half of the U.S. troops serving in Iraq. Weapons that have passed through Shannon include personal small arms, class A explosives, napalm, cruise missiles and radioactive depleted uranium. It is now confirmed that the Irish government lied to its civilians when they denied that troops on these flights carried weapons and that weapons of mass destruction were being transported through Ireland [ -Irish Examiner, September 3rd].
The risk to human life at Shannon airport posed by the presence of these weapons in the event of an accident or retalitory attack is immense. This is to say nothing of the destruction of innocent lives in Iraq they have caused and continue to cause.
The war waged in Iraq by the Bush and Blair administrations was illegal under international law.
The UN Charter and international law state that "assistance" to a belligerent country constitutes participation in the war, and as such Ireland stands subject to prosecution in the International Criminal Court for war crimes. Although they do not have the capability, Iraq has the right to bomb Shannon airport under international law.
Article 29.3 of the Irish constitution:
"Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States."
Anti-war activists in Ireland have demonstrated their opposition to this unlawful use of our airport and our government's collusion in the Iraq war. On February 15th an estimated 100,000 people protested against the war in Dublin. A peace camp was set up at Shannon in November 2002 to monitor and and demonstrate opposition to the activity of the warplanes. There have been several 'actions' at the airport by protestors, including demonstrations, a mass trespass, an action intended to damage the perimeter fence and two actions in which planes were damaged.
The Nuremberg Principles, established after the second World War, not only bestow a right, but a duty to violate domestic law in order to uphold International Law and prevent a crime against peace or humanity.
"Individuals have international duties which transcend the national obligation of obedience. Therefore [individuals] have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring."
On January 29th Mary Kelly (51), nurse and mother from West Cork, climbed the airport's perimeter fence and damaged a U.S. warplane with an axe, temporarily disabling it.
(There was also later two other actions by five people associated with the Catholic Workers and Pitstop Ploughshares organisations in which warplanes were damaged. Click here to read about it)
Mary was tried for trespass and criminal damage in Kilrush in July 2003. Scott Ritter, former U.S. marine and U.N. weapons inspector in Iraq was a witness for her defence, but was prevented from testifying fully by the judge. Denis Halliday, former U.N Assistant Secretary General, who resigned his position after 34 years with the UN in protest against the sanctions against Iraq which he described as "genocidal", was another witness on Mary's behalf. Ramsey Clarke, former US Attorney General also testified in Mary's Defence. The jury returned an undecided verdict, and a retrial has been set for February the 15th, 2004.
If she is convicted she faces up to 10 years in prison.
"It's a good job Mary Kelly doesn't belong to al-Qaeda or Shannon Airport would be a smouldering chasm by now. "
| - Ireland on Sunday newspaper |
Mary Kelly's argument in justification of her actions
Mary's argument is that she was acting as an engaged citizen, in defence of the Irish constitution and in accordance with international law. She performed an act of conscience to protect the lives of innocent people, and also to demonstrate the danger to local people posed by the presence of these planes. |
