Nuclearlaw

Like many thousands, I was outraged at the Supreme Court’s denial of the democratic will of the people, and took myself off to Donald Dewar’s statue to protest. Because we are all much concerned with observing the law, aren’t we?

Or are we? On 22 January, 2021 the Treaty on the Prohibition of Nuclear Weapons became effective. This was the first legally binding international agreement to comprehensively prohibit nuclear weapons. It is now illegal under international law to develop, test, produce, manufacture, acquire, possess, stockpile, transfer, use or threaten to use nuclear weapons.

This is “ius cogens” that is, compulsory law, that means a peremptory norm from which there is no derogation, as opposed to customary law, where parties have made a mutual agreement. I make this point in response to the obvious question – what do we do if this law is simply ignored by rogue states? The answer is that nuclear weapons will be delegitimised, and those who have them will be stigmatised. The rogue nuclear nine states are manifestly criminal,

Back to Scotland and the law. Will we, the ordinary people, continue to accept the abomination of Trident? Will the officers of the law (the police) just carry on as usual arresting those who attempt to uphold the law by peacefully and nonviolently disrupting the ongoing crime of Trident, or will they desist from being complicit in this and arrest those carrying hydrogen bombs along the roads of Scotland?

Will they stop the nuclear convoys at the border, and if not, why not? We look to the police to protect the innocent and the weak from arbitrary violence from the powerful, even when violence is done by the state.

Is it unreasonable to hope our police will find the courage and integrity to respond to the unique situation in Scotland, where illegal weapons of mass destruction are flaunted by the state?

BRIAN QUAIL

Glasgow