Dec 18th Shannon, War on Trial, Support needed

national | miscellaneous | news report Sunday November 17, 2002 11:50 by Eoin Dubsky - Refueling Peace info at refuelingpeace dot org 087-6941060

Since my last post about Shannon airport and my court cases here there have been quite a few developments -- questions in the parliament, TV documentaries, radio discussions, more talk of a Shannon peace camp, plans for a Shannon demo on December 8th, and mention of the Irish "refueling for war" situation in newspapers and newsletters internationally. Others have already posted articles about those stories. This is an update mostly about the court processes I am in now, and I'm hoping that you'll continue to support what I'm trying to do.

# 18/12/02 Trial for spray-painting action

My trial has been set for 10:30am December 18th in Tulla District Court, Co. Clare (10 miles from Ennis). The charges against me are for alleged
criminal damage to a US Air Force Hercules at Shannon Airport on 04 September, and allegedly 'entering airside' the same day by climbing the perimeter fencing. The Director of Public Prosecutions plans to call no less than 14 witnesses. I hope to have a number of witnesses too, who will concentrate on themes like:

* The criminality of America's armed attack on Afghanistan and preparations for an armed attack on Iraq (legal expert witness),

* What American bombing and the immanent danger of an attack means for people in Iraq (witness from Iraq),

* What it means for Ireland to be assisting the aggressor with refueling facilities and passage through the territory,

* And what in international and Irish law can be said for actions which aim to stop grave crimes being commissioned.

Though we have a whole day to ourselves (special sitting of the court, Judge Mangan), unless things go a bit crazy, I don't want to get
too bogged down with the "what I did" bit and instead hope to focus on the legal and moral justification for the action and implications of
America's and Ireland's conduct. It should be a wonderful experience! Come along!! :-)

# High Court case

We still don't have a date for the High Court judicial review, but with any luck it will also be heard by the end of December. I think that the
issue at the end of the day will be whether the US military intervention in Afghanistan today, which the US ambassador in Kabul in a recent
Reuters interview called "a war", is a war to the Irish High Court or is something else. (America as Aggressor or America as Global Policeman?)
This will depend on what the term "war" meant when the Constitution was written. If the court agrees that there *is* a war then I hope they'll
accept that Ireland is participating (without the assent of Dail Eireann... Article 28.3.1 of the Constitution) by allowing a Belligerent Powers' troops and arms through the territory (see Article 2 of the Hague Convention V, 1907). Alas, there are lots of other interesting things in the case but unfortunately I've been told not to talk about that stuff cause it hasn't been made "public" by the court yet.

# Thank-you for your support!

I'm SO, SO, SO GRATEFUL for all of the kind emails, letters and phone calls I've received already. Many people have also enclosed details of
the work they have done to resist Ireland's participation in this so-called "war on terrorism" and in NATO's PfP and this has been very helpful too. Thank-you! At the end of this email I've put my bank details because I need to do some fund raising for the Refueling Peace
campaign, for materials, etc.., and to cover witness' costs. Not one penny will be wasted on fines for alleged damage to any warplanes, and
if you email me to say that you're making a donation I'll send you a special "DISarmament" thank-you Christmas card (I didn't photograph it
myself but I'll hopefully get the photo from the prosecution's book of evidence). :-)

If sending a cheque make out to "Mr Eoin Dubsky" and send to:

Eoin Dubsky
Whitewalls
Ballymoney
Gorey
Co. Wexford

My bank account details:

Ulster Bank, Lower Baggot Street, Dublin
Branch Sort Code 98-50-20
Account number 05236078
("Mr Eoin Dubsky")

Okay that's all for now... If you are in Dublin on December 4th, there'll be a teach-in on Iraq in Dublin City University. There will also be protests against the war outside the US Embassy in Dublin, and in the city centre in Cork on 7th December. The following day there should be a brilliant demo at Shannon Airport.

Hope to see you soon!

Best wishes,
Eoin