British lords reject antiwar protesters' defense

British law lords dismissed the arguments of anti-war protesters on Mar. 29 who said direct action at military bases was justified in order to stop the war in Iraq. The ruling means activists who tried to stop warplanes and military hardware leaving Britain for the Middle East will not be able to claim in court they committed one crime to stop crimes of aggression under international law. The law lords said the crime of aggression under international law was not a crime under English laws that provide a defense to someone who commits an offense in order to prevent a greater one. Five people are due to stand trial at Bristol later this year for entering a British air force base and allegedly attempting to damage and immobilize US bombers due to take part in the assault on Iraq. Among those involved in the appeal were 14 crew members of the Greenpeace International ship Rainbow Warrior, who went ashore at a Ministry of Defense sea mounting base. They chained themselves to armored fighting vehicles leaving for Kuwait, so the "weather window" for the invasion would be missed. The 14 accused argued they should not have been convicted of aggravated trespass because they were trying to prevent an illegal war and to stop war crimes from being committed. The protesters had all raised the same defense: that the British government's support of the US-led Iraq war involved a war crime under the International Criminal Courts Act, and that activities at the bases connected with supporting the war were therefore unlawful. Also involved in the appeal was Valerie Swain, who cut her way through the fence at British air force base but was immediately arrested. She was convicted of aggravated trespass and criminal damage. Lower courts had denied the peace activists the defense invoking international law, and law lords had been asked to rule on its validity. One of the campaigners, Ben Ayliffe, of Greenpeace, said after the ruling: "We are very disappointed by the Lords' verdict. It is bizarre that people who followed their conscience to prevent an illegal war are penalized while the architects of that war get away scot-free. "We still strongly believe we did the right thing in opposing the invasion and would do it again tomorrow if necessary, regardless of the legal consequences." Greenpeace is calling on parliament to include the international crime of aggression within UK national law.