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British Policy DevelopmentsBack to the main page on Britain, NATO and the European Union News Advisory from the Acronym Institute for Disarmament Diplomacy, British American Security Information Council and PeacerightsMonday 26 July, 2004 Leading lawyers say US-UK nuclear collaboration breaches international lawLondon - In an authoritative legal opinion released today, Rabinder Singh QC and Professor Christine Chinkin have concluded that "it is strongly arguable that the renewal of the Mutual Defence Agreement" - a special arrangement between the US and Britain for exchanging nuclear information, technology and material - "is in breach of the nuclear Non-Proliferation Treaty". Their conclusion has potentially far reaching consequences for Britain's nuclear weapons programme, which has been dependent on the Mutual Defence Agreement (MDA) since 1958. Renewing the MDA paves the way for replacing the Trident nuclear weapons system, options for which are already being considered. On June 14, President Bush recommended the amended US text for Congressional consideration, saying "it is in our interest to continue to assist [the United Kingdom] in maintaining a credible nuclear force". In conflict with this is the "unequivocal undertaking" given by the nuclear weapon states in 2000 "to accomplish the total elimination of their nuclear arsenals leading to nuclear disarmament", in accordance with their NPT obligations. The British government has ignored requests from MPs for a parliamentary debate, appearing anxious to rush through the renewal of this bilateral nuclear collaboration accord on the quiet, just before the parliamentary recess. Following questions raised in parliament and at recent NPT meetings, and in response to a request from the British American Security Information Council, Peacerights, and the Acronym Institute for Disarmament Diplomacy, the 22-page legal advice provided by Mr Singh and Professor Chinkin, both of Matrix Chambers, considers the histories and objectives of the two treaties and their legal relationship and notes several ways in which the two treaties' aims and purposes are incompatible. It advises that the NPT, which is the fundamental international legal instrument covering nuclear weapons, binding on 189 states, takes precedence over the MDA under international law. The MDA is directed towards "improving the UK's state of training and operational readiness ... [and] atomic weapon design, development or fabrication capability". But Article I of the NPT forbids the transfer of nuclear weapons or devices, and Article VI of the NPT requires all parties to pursue nuclear disarmament. Renewal of the MDA, intended to continue and enhance Britain's nuclear programme, would hence breach the NPT. Dr Miguel Marin Bosch, former Deputy Foreign Minister of Mexico and head of Mexico's delegation to the NPT Review and Extension Conference in 1995, said: "The MDA is inconsistent with the spirit and letter of the NPT. There should be a full and transparent public debate before the UK government decides to renew it. Perhaps an advisory opinion from the International Court of Justice would help the UK government in its decision." Nigel Chamberlain of BASIC said: "In view of this fundamental contradiction between the two treaties, the UK will be breaching nuclear nonproliferation obligations by renewing these nuclear collaboration arrangements with the United States. Parliament is now in recess and despite requests from over 40 MPs for a parliamentary debate, the government seems determined to force the MDA renewal through as quickly and quietly as possible without any accountability." Rebecca Johnson, executive director of the Acronym Institute for Disarmament Diplomacy said: "When two treaties are incompatible like this, one has to give way. It is inconceivable that Britain would join North Korea in pulling out of the NPT as that would seriously jeopardise our security. The nuclear collaboration with the United States has to stop, and both countries need to do more to comply fully with the NPT." For further information or to arrange interviews, please call: Nigel Chamberlain (BASIC) on 020 7324 4684 The full text of the legal opinion can be found, after 09.00 on Monday, at: http://www.acronym.org.uk/uk/mdalegal.htm. BASIC's special report on the MDA can be found at: http://www.basicint.org/nuclear/MDAReport.pdf © 2002 The Acronym Institute. |