Statement of Irish lawyers on build-up to War

national | miscellaneous | news report

Thursday March 06, 2003 14:33

by conor obriain

obriainsols at eircom dot net

087/9189729

Over 70 solicitors and barristers have signed a statement opposing the build up to war on Iraq and the Irish State's involvement in same.

SUMMARY PUBLIC STATEMENT

In supporting US war preparations, the Irish Government’s conduct is analogous to the most serious criminal conduct under Irish Law.

In Ireland, when force is used without justification, anyone who knowingly helps another to cause serious harm or death is liable to be convicted and imprisoned.

Whether or not the Security Council passes a resolution purporting to authorise war, the planned war against Iraq is unnecessary and unjustified. The U.S. is preparing to use unreasonable force, causing the deaths of thousands of innocent people in breach of fundamental principles of international law.

The Irish Government is aware of the intentions of the US but continues to give practical assistance to the preparations for war.

The example of the US and Irish Governments is a recipe for disaster on a personal and global scale. The Government of Iraq has done great evil: if killing the people of Iraq is a legitimate way of dealing with that evil, where and when will the killing end ?

We support the request that citizens use all peaceful and lawful means to oppose the Irish Government’s support for the war.

PUBLIC STATEMENT

The U.S. Government’s plans for war are in violation of accepted norms of international law, in particular, that force should not be used by states on the grounds that they are under threat unless:

a) the danger arising from the threat is imminent; and

b) all alternative means of protection have been exhausted; and

c) the force used is proportionate to the imminent danger.

In giving practical assistance to the preparations for war against Iraq, the Irish Government appears to be in breach of the principles grounding the Irish law relating to the use of violence.

Under the law in this country:

a) violence may only be used when it is necessary to effect a lawful purpose, usually to protect against the imminent use of unlawful violence by another;

b) the amount of violence used must be limited to that which is reasonably necessary to achieve that lawful purpose;

c) anyone who uses violence and harms another when that violence is unnecessary or the amount of violence is more than is necessary commits a criminal offence punishable by imprisonment;

d) people who knowingly assist another in using unlawful violence are criminally liable for helping carry out the planned violence.

This law reflects the generally held desire to avoid bloodshed if that is reasonably possible; to hold responsible those who cause unnecessary harm; and to recognize that a failure to uphold this law would result in escalating cycles of violence.

It appears that the United States government is intent upon and preparing for the use of large scale military action against Iraq, despite the absence of any imminent threat from Iraq.

It also appears that the Irish Government is permitting the use by U.S. military of Irish airspace and facilities at Shannon Airport knowing that this amounts to material assistance in an enterprise which includes within its terms an intention to cause unreasonable and unnecessary death and destruction.

The international consequences of death and destruction in Iraq are unpredictable and may be severe and far-reaching.

The fact that the Dail has not approved giving such assistance raises a serious question as to whether the representatives of the Irish people are willing to take responsibility for their acts and omissions.

We request:

a) that citizens clearly and urgently communicate their views on these matters to the Government and to members of the Dail;

b) that citizens and the Government use all peaceful and lawful means to oppose the proposed war against Iraq.

Preliminary List of signatories to original statements as of 3.3.’03
[“*” indicates signatory to final drafts]
Solicitors
*Catherine Almond (of Garrett Sheehan & Co.)
Fiona Brennan (of Michael J. Staines & Co.)
*Conal Boyce (of Boyce Burns & Co.)
*Pat Daly (of D.H.Morris & Co.)
*Niall Dolan (of A.B. O’Reilly, Dolan & Co.)
*Michael Farrell (of M.E.Hanahoe & Co.)
Michele Finan (of M.J.Staines & Co.)
*Philip Hannon (of D.H.Morris & Co.)
*David Hegarty (of T.Lyons & Co.)
*Dermot Lavery (of Dermot Lavery & Co.)
*James Mac Guill (of MacGuill & Co.)
*Grainne Malone (of Grainne M. Malone & Co.)
*Donough Molloy (of G.Sheehan & Co.)
*Moirin Moynihan (of Moynihan & Quigley)
*Peter Mullan (of G.Sheehan & Co.)
*Joe Noonan (of NLCC & Co.)
*Conor O Briain (of Conor O Briain & Co.)
*Claire O’Regan (of MacGuill & Co.)
*Dara Robinson (of G.Sheehan & Co.)
*Garrett Sheehan(of G.Sheehan & Co.)
*Michael Staines (of Michael J. Staines & Co.)

Counsel

*Gerard Clarke S.C.
*Martin Giblin S.C.
*Grainne McMorrow S.C.
*Michael O’Higgins S.C.
*Seamus O Tuathail S.C.

*Ivana Bacik
*Caroline Biggs
*Vincent Browne
Stephen Byrne
*Eithne Casey
*Aileen Donnelly
*Elaine P. Doyle
Willie Fawsitt
*Cian Ferriter
*Mary Rose Gearty
*Tony Goodwin
*Tom Hannon
*Conor Keogh
*Anne-Marie Lawlor
*Ciaran Lewis
Stephen McCann
*Daithi Mac Carthaigh
*James McCullough
*Marian McDonnell
John Major
*Ronan Munro
Kerida Naidoo
*Niall Nelligan
*Siobhan Ni Chulachain
*Sarah-Jane O’Callaghan
*Giollaiosa O Lideadha
*Proinsias O Maolchalain
*Raghnal O’Riordan
*Graham Quinn
*Sean Quinn
*Anne Rowland
*Alistair Rutherdale
*Frank Shields
*Majella Twomey
*Michael Vallely
*Pauline Walley
*David Wheelahan