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June 15, 2020 by Nukewatch Leave a Comment

Trial Statement Marion Küpker June 10, 2020

Marion Küpker, Submission to the criminal trial for trespassing and property damage on and in the Büchel air base, or against the Federal Government’s actions contrary to international law, and their violation of my / our right to life and physical integrity.                 

District Court of Cochem, June 10, 2020

Dear Mr. Richter Zimmermann, Mr. Prosecutor XXX ,

Dear process observers

I would like to present here in court my personal background and actions regarding my 40 years of work against nuclear weapons that led to this indictment. You may remember Mr. Richter and Mr. Public Prosecutor how old you were in 1980. In it I will get involved in the following points, submit documents as evidence and also submit requests for evidence.

I explain:

  1. my personal background
  2. the legal aspects:

– The fulfillment of justifying an emergency intervention by historical and current threats of nuclear disasters

– The obligation of an individual citizen to comply with international law

– The obligation of state power to protect the inviolable rights to safety, to life, and physical integrity under Article 1 of the Basic Law

  1. my judgment wishes to the judge

1: My personal background

My “nuclear family”

I was born in 1964 in Hamburg by quite young, 19-year-old parents — a supermarket cashier at the time and a gas station attendant. There followed three brothers, the latter two from my stepfather, who entered our lives in my second year. He studied economics and became an insurance clerk/broker.

My parents were shaped by the traumatization of their own family of origin in World War II and their education, the so-called black pedagogy (black pedagogy means an education in which, for example, the cries of the baby for food and closeness are deliberately ignored and fixed times are set for this in order to break the baby’s will and basic trust from the beginning. This instills obedience in the sub-consciousness, and creates obedient beings/subjects, since the basic trust is destroyed).

– My maternal grandmother experienced the Hamburg fire storm of 1943, while my grandfather served with the Wehrmacht in Austria. My grandmother on the stepfather’s side became a war widow with two small children at a young age, and about 6 million men never came back from the war. She remained single. My stepfather was tormented by the death of his own father — as well as his two uncles, experienced in Russia — as to how this “flock of sheep” obedience became possible in Hitler fascism. Both of my families of origin were perpetrators and victims in the war and were politically strongly anti-Communist Social Democrats in post-war Germany.

My anti-nuclear family

At the high school in the early 1980s, many of the new younger teachers — who were influenced by the extra—parliamentary student movement/opposition to the Vietnam War (APO) in post-war Germany — taught us. When I was 15 I gave two papers in geography:

1) For the disposal of radioactive waste in the North Sea and in the Mediterranean; and 2) the pesticide load in the Baltic Sea (rain washes out the fields and the resulting pesticide discharges through the rivers into the Baltic Sea).

Up to 1993, over 100,000 tons of radioactive was dumped into the world’s oceans, where isotopes — like plutonium — can now be measured in water samples. Germany, for example, loaded over 480 barrels of radioactive waste from the Karlsruhe Nuclear Research Center in Emden in May 1967 and disposed of them off the Portuguese coast in the Atlantic:

Evidence attachment article from the uranium atlas of 2019 — nuclear waste in the sea — Sunk and forgotten

My physics and politics teacher informed us about the necessity of civilian use of atomic energy for the construction of atomic bombs. In history, we learned that Hitler was already creating atomic bombs, but the United States was ahead of him, and it was only thanks to the timely end of the war that the first atomic bomb was not dropped on Berlin. According to the fathers of the US atomic bomb, Enrico Fermi and Robert Oppenheimer, in the event that Hitler was faster with atomic bomb construction, the United States intended to poison Germany’s food which would be attacked and contaminated with the radioactive isotope strontium-90, killing at least half a million people in 1943. In other words, before the first atomic bomb was built, the US government was already aware of the dangers of low-level radiation when ingesting fission products with food.  Hundreds of radioactive fission products are released in the event of atomic bomb explosions.

Evidence: https://de.wikipedia.org/wiki/Enrico_Fermi

[Read more…]

Filed Under: B61 Bombs in Europe, Direct Action, Nuclear Weapons, US Bombs Out of Germany

June 15, 2020 by Nukewatch Leave a Comment

Declaration of Anabel L. Dwyer in the case of Marion Küpker charged with trespass and destruction of property

District Court, Cochem, Reference No. 2010 Js 60922/18

Anabel L. Dwyer, upon information and belief, declares:

Introduction and Summary of Declaration

I have been asked to give my opinion on the fundamental unlawfulness (illegality and criminality) of planning, preparation, possession, deployment, threat or use of 20 B61s (50-170 kiloton) U.S. nuclear bombs at Büchel Air Force Base, Germany, and the right or duty of citizens to nonviolently or symbolically resist such violations of the rules and principles of humanitarian law or the Nuremberg Principles.

This Declaration shows and concludes:

  1. The United States (U.S.), Germany and NATO know that each and every B61 nuclear bomb is designed and intended to unleash uncontrollable and indiscriminate heat, blast and radiation. Therefore, any planning, preparation, possession, deployment, threat or use of any variant of the B61 nuclear bombs, as a matter of known and intended fact, violates peremptory rules of law including the laws of war, the rules and principles of humanitarian law or the Nuremberg Principles.
  2. The U.S. and Germany breach the Nuclear Non-Proliferation Treaty (NPT) Article VI disarmament obligation and NPT Articles I and II prohibitions against “nuclear sharing” by continuing planning, preparation, possession, deployment/threat or use of B61 nuclear bombs at Büchel Air Force Base.
  3. It is my opinion that Marion Küpker correctly asserts that the charges in this case should be withdrawn, dismissed or that she should be found not guilty of the offenses charged because all citizens of U.S., Germany, or other NATO countries who know of the planning, preparation, possession, deployment/threat or use of the indiscriminate and uncontrollable B61 nuclear bombs at Büchel Air Force Base, have a right or duty to nonviolently or symbolically resist complicity with violations of the intransgressible principles of international customary law inherent in those nuclear bombs.

Qualifications to make this Declaration:

I hold a J.D., am a member of the State Bar of Michigan and its International Law Section and for 30 years have studied, taught law school seminars, and lectured widely on nuclear weapons and the rule of law. I am a Member of the Board of Directors of the Lawyers’ Committee on Nuclear Policy. I was a member of the International Association of Lawyers Against Nuclear Arms’ Legal Team for the World Court Project during the 1995 oral arguments before the International Court of Justice (ICJ) on the “Legality of the Threat or Use of Nuclear Weapons” and rely on the Advisory Opinion of the ICJ and the Individual Opinions and Declarations of the Judges as the most authoritative statements of the law and legal obligations regarding nuclear weapons.[1] I was on the drafting committee for the Model Nuclear Weapons Convention. I hold a Certificate in Public International Law from The Hague Academy of International Law, and have conducted extensive research at the Peace Palace Library in The Hague as co-counsel for the Michigan Nuremberg Campaign. I have served as a defense attorney in six Plowshares cases and other civil resistance to nuclear weapons cases in the U.S., and was lead author of an exhaustive Brief in Support of a Citizens’ Petition to State and Federal Authorities entitled, “In re: Request for Investigation/Prosecution of Officers and Directors of Williams International Corporation and Commanders of Wurtsmith Air Force Base (Headquarters of the Strategic Air Command 40th Air Division, 379th Bombardment Wing) in Oscoda, Michigan.”[2] A fuller resume follows below.

Questions

I. The U.S., Germany and NATO know that each and every B61-3 and B61-4 nuclear bomb is designed and intended to unleash uncontrollable and indiscriminate heat, blast and radiation. The B61-3 is a 170-kiloton nuclear weapon. The B61-4 is a 50 kiloton weapon.[3] Therefore, any planning, preparation, possession, deployment, threat or use of any variant of the B61 nuclear bomb, as a matter fact, violates peremptory rules of law including the laws of war, the rules and principles of humanitarian law or the Nuremberg Principles. [Read more…]

Filed Under: B61 Bombs in Europe, Direct Action, Nuclear Weapons, Uncategorized, US Bombs Out of Germany

January 10, 2020 by Nukewatch Leave a Comment

Nuclear Madness Still Raving

Nukewatch Winter Quarterly 2019-20
By John LaForge
The Nuclear Operations, Joint Publication 3-72 was published online by the US Joint Chief of Staff and then quickly deleted.

While Civil Society and a global movement marches steadily toward the abolition of nuclear weapons, planning and rehearsal for mass destruction using nuclear weapons are still routine in the US military and NATO. In June 2019, the US Joint Chief of Staff published online—then quickly deleted—its nuclear attack manual known as “Nuclear Operations, Joint Publication 3-72.”

Steven Aftergood of the Federation of American Scientists noticed and managed to preserve a copy (https://fas.org/irp/doddir/dod/jp3_72.pdf), before the Joint Chiefs took it down. The manual refers to radioactive mass destruction using abstract, obtuse euphemism, like, “The employment of nuclear weapons could have a significant influence on ground operations.” No reader of the gung-ho report would guess that the subject matter involves searing fireballs, vaporized flesh, blast and shock-wave devastation, demolished hospitals, mass firestorm, or permanent radioactive contaminating of water, soil, and the food chain.

The manual simply says nuclear attacks “create conditions,” but without ever describing them. “Using nuclear weapons could create conditions for decisive results and the restoration of strategic stability,” and, as if Reagan never said, “Nuclear war cannot be won,” the report pretends it can. “[T]he use of a nuclear weapon will…create conditions that affect how commanders will prevail in conflict.”

US nuclear war practice takes place annually in Europe. “Steadfast Noon” is NATO’s code name for the mass destruction rehearsal. Hans Kristensen reported for the Federation of American Scientists that, “This is the exercise that practices NATO’s nuclear strike mission with the B61…nuclear bombs the US deploys in Europe.” Jan Merička, in ESJ News Oct. 19, 2017, wrote that the practice is designed is “to simulate nuclear strikes…and was conducted from the Kleine Brogel Air Base in Belgium and Büchel Air Base in Germany, where US B61 thermonuclear bombs with the force of up to 340 kilotons of TNT are stored.”

To illustrate the Pentagon’s day-to-day readiness for nuclear war, it just opened its new $1.3 billion Strategic Command headquarters in Omaha, used for supervising and targeting the nuclear arsenal. The building is named after General Curtis LeMay, who, the Omaha World Herald reported, designed and managed the nighttime incendiary bombing raids on 60 Japanese towns that “incinerated entire cities” and killed between 241,000 and 900,000 civilians.

Filed Under: B61 Bombs in Europe, Newsletter Archives, Nuclear Weapons, Quarterly Newsletter, War

October 14, 2019 by Nukewatch Leave a Comment

Glitches Delay B61 H-Bomb Replacement

Nukewatch Quarterly Fall 2019

All the B61 bombs now in the United States and Europe are scheduled to be replaced by the “mod-12.” The website airforcetechnology.com says, “The B61-12 air-launched tactical bomb will carry a low-yield nuclear warhead….” [emphasis added] With 50 kilotons of explosive blast (50,000 tons of TNT), the B61-12 has over three times the force of the Hiroshima bomb that killed 140,000 people. Only a military mentality reminiscent of Dr. Strangelove can imagine over 420,000 dead as a “low yield.”

A total of about 3,155 B61s have been produced (as of 2012), beginning with mod-0. Approximately 540 are still deployed, 415 are in “inactive” status, and 520 are set for dismantlement, according to the Bulletin of the Atomic Scientists.

According to the Dept. of Energy, four versions of the B61 remain in the arsenal: models 3, 4, 7, and 11. These nuclear bombs have explosive forces of 170 kilotons (mod 3), 45 kilotons (mod 4), 340 kilotons (mod 7), and 400 kilotons (mod 11). They have between 27 and 32 times the force of the Hiroshima bomb.

The B61-11 was reportedly built to destroy underground targets, and the Pentagon has asserted that it can detonate at depths of “several hundred feet.”

The Pentagon intends to replace all the B61s now deployed in five European NATO countries. The B61-3s and B61-4s are to be replaced with the new B61-12. About 400 of the new bombs were scheduled to enter full production in 2020 and be deployed after 2023, but the $10 billion program has been delayed because of the delivery of faulty commercial electronic parts.

Asked in May 2019 if the B61-12 will be ready in 2023 as planned, National Nuclear Security Administration head Lisa Gordon-Hagerty said, “That should be beyond 2025,” she said, noting that “an issue” had arisen, without elaborating. Energy officials later said the delay to the B61-12 could last 18 months, Congressional Quarterly News reported.

At present, Turkish, Dutch, Italian and possibly Belgian air forces are planning to buy some F-35 fighter jets from the United States, and the F-35s could begin replacing existing NATO warplanes in 2024. Germany is expected to extend the use of its Tornado fighter jets through the 2020s. German Tornado fighter jet pilots at Büchel Air Base practice in the use of the US B61s to initiate nuclear war.

In July 2018, after a group of International Week protesters occupied the air base runway, the chief pilot from the base made a personal visit to the peace camp to complain. The chief pilot said to Susan Crane of the US delegation that the protesters had “endangered themselves and the pilots.”

Crane replied that the “pilots endanger the whole world by planning and preparing for war with US nuclear weapons.” The chief then said, “There were no nuclear weapons on those jets today.” -JL

—Sources: Congressional Quarterly News, Sept. 17, 2019; Nuclear Weapon Archive; The National Interest, “Why the B61-12 Bomb Is the Most Dangerous Nuclear Weapon,” Oct. 9, 2018; Nuclear Threat Initiative; Government Accounting Office, “B61-12 Nuclear Bomb: Cost Estimate,” May 31, 2018.

Filed Under: B61 Bombs in Europe, Military Spending, Newsletter Archives, Nuclear Weapons, Quarterly Newsletter

October 14, 2019 by Nukewatch Leave a Comment

Foundation Sues German Military for Büchel Air Base Radiation Data

The German civil liberties group Foundation for Renewable Freedom (FRF) wants to know if radiation—emitted by US nuclear weapons stored at Büchel Air Base—is a health threat to workers and the local population.

The Ministry of Defense refuses to publish data and documents on radiation hazards at the Büchel site. The FRF considers this irresponsible and has brought the Ministry of Defense to court demanding the release of the information to the public. “…we have filed a lawsuit and will release this information to the public through the courts,” said Martin Modlinger of the FRF Board of Directors.

“Anyone who is exposed to dangers must have a right to information about these dangers. How else does a society … debate meaningfully, and decide whether it is willing to bear these dangers?” Modlinger asked. “We cannot accept such disregard for citizens’ information rights.”

According to a news release by FRF, Germany’s Environmental Information Act allows citizens to request environmental data from authorities. Details about radiation from the air base can be demanded in order to assess the potential endangerment of residents or military personnel stationed there, FRF says.

Filed Under: B61 Bombs in Europe, Newsletter Archives, Nuclear Weapons, Quarterly Newsletter, Radiation Exposure

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