Nukewatch Quarterly Fall 2021

By Brian Terrell

On July 21, I was walking in the forests surrounding the German Air Force Base at Büchel in the Eifel region with three Catholic Worker friends, Susan van der Hijden of Amsterdam, Netherlands, Susan Crane of Redwood City, California, and Christiane Danowski of Dortmund, Germany. We were there at the end of an “International Week” of protests against the approximately 20 US nuclear gravity bombs known as B61s kept at the base in a “nuclear sharing” agreement with the United States.

In previous days we had visited the entrance gates to the base with our signs and banners and two days before we participated in a “Digging for Life” action outside the fence, near the other end of the runway, where the German pilots lift off and land their Italian-made PA200 Tornado jet fighters, daily training to drop US nuclear bombs on Russia when the order is given. This day we hiked to the other, less accessible, end of the runway, through a forest of dead and dying trees decimated by recent years of drought, unprecedented heat and a massive bark beetle infestation affected by climate change.

In the clearing near where the runway begins, we noticed a couple of “spotters,” hobbyists who got there before us looking to get dramatic photos of the jets taking off. In their company, while we were scouting and imagining potential future protests at the site, we also knew that some action was imminent.

Beyond the fence that marked the boundary of the base from the forest, there was a high berm of earth that shielded from our view the nearby Tornados warming up their engines for takeoff. We could not see, but we heard the purr of their engines turn to a roar and we felt the earth shake and we saw and then smelled a wall, a miasma, of acrid, black, stinking burnt and unburned jet fuel rising above the berm and over our heads, before the jets screamed off away from us to rehearse for the end of everything.

Not far from where these Tornado jets were spewing out more than 13 tons of CO² per flight hour into the atmosphere, cities and towns in the river valleys were cleaning up from recent rains and floods that left more than 177 dead and hundreds more still missing at the time. In some places the rivers rose to the highest in over 100 years, possibly higher than any seen in the last 1,000 years.

Participation in the annual “International Week” in the Covid-19 pandemic was already hampered by the fact that it was held just days after Germany opened its borders to vaccinated visitors from places like the US, and by July 15, the day after my own arrival by air, many railroads and highways were closed by rising water. We heard harrowing travel stories from those few who were able to join us from various points in Germany. Our numbers were much less than expected and the catastrophe of the floods called us to reassess our plans for the week.

We had planned to have enough people to nonviolently blockade the various gates of the base on Friday, July 16, marking the 76th anniversary of the first atomic bomb detonation at Alamogordo, New Mexico in 1945, and the 42nd anniversary of the 1979 uranium mine waste spill at Church Rock, New Mexico — the largest accidental release of radioactive materials in US history. We recognized that even with our reduced numbers, such an act of civil resistance would distract police from search and rescue work that many of them were doing in flooded places in the region. Members of our group met with local police and the commander of the base to inform them that instead of a blockade there would be a simple quiet vigil with signs and prayers outside the main gate on July 16; the planned “Digging for Life” action scheduled for three days later would go on.

The original concept of the event was to be a symbolic piece of theater around the base’s new highly armed security fence with surveillance cameras, motion sensors and a deep concrete foundation. The plan that some of us would dig with pink shovels with the impossible aim of making a tunnel under the fortification and get onto and close the runway while others would cheer them on from a picnic in the adjoining meadow, had to be adapted to our reduced numbers and in recognition of the devastation that had been unfolding around us in the preceding days.

The vibrant pink shovels were muted with black paint or tied with black ribbons. Banners with more light-hearted messages written in pastels were left behind and new ones made more in keeping with the moment, in German, white on black, Stop The Next Catastrophe Before It Begins — Abolish Nuclear Weapons!

As the event unfolded, 14 activists from Germany, the US, and the Netherlands were met at the fence by several times that number of civilian and military police, who after an hour arrested four of the most persistent diggers who were soon released without any charges. In light of the $14 million spent on the new fence meant to keep people like us out, the civilian police had better things to do and could easily have ignored our clearly symbolic effort; some in the local press and more in social media blamed us for distracting the police and military from dealing with the aftermath of the floods.

In the midst of their national disaster, only about 1,000 of the 150,000 soldiers in the German military were employed in flood relief and on the day we were digging for life at Büchel, Tornado jets were crisscrossing over our heads, causing police, protesters, soldiers, and members of the press alike to cover our ears from their deafening roar, illustrating what is often ignored and never mentioned in climate negotiations: the huge part that the militaries of the world play in the climate crisis, the US and its allies more than the rest.

Before the digging began at the fence and under the screaming jets, a police detective called my name and with some ceremony served me with papers from the court informing me that I had been accused, convicted and sentenced to a 900 euro fine or 30 days in prison in response to my actions on my last visit to Germany and to Büchel two years ago. It was decided by the court that “through the same act and acting collectively” and “within the scope of the annual meeting and demonstration against nuclear weapons at the airbase of fighter-bomber squadron 33,” I had “gained unlawful access to the military area and its security sector” by cutting holes in the fence. I remember that the military police sergeant who apprehended us was unreasonably upset about the hole we had made, not so much concerned about the weapons of mass destruction that he was guarding nor the violations of the German Constitution and the Nuclear Nonproliferation Treaty that they pose. Before leaving Germany, I filed an appeal of my conviction and sentence in the court at Cochem and I hope for the opportunity to argue against the assumed legality of nuclear weapons in a German court.

The United States is preparing to upgrade its current B61 nuclear bombs with the new B61-12, reportedly costing over $20 million each and the German government is looking to soon replace its fleet of Tornados with more sophisticated fighter bombers, both governments spending billions on systems that will significantly lower the threshold of nuclear war and contribute to global warming. There is no solution to the climate crisis and no hope for human life on this planet that does not include disarmament and an end to war.

— Brian Terrell is an Iowa-based peace activist who has spent more than six months in prison for protesting targeted assassinations at US military drone bases. He wrote this report for CommonDreams.

Nukewatch Quarterly Fall 2021

On September 29, 2021, Susan Crane, a Plowshares activist and member of the Catholic Worker community in Redwood City, California, went on trial in District Court in Cochem, Germany, charged with trespass and damage to the fence for go-in actions at the Büchel air base on July 15 and August 6, 2018. Crane’s trial was only the second time that a US resident has been brought to court, even though over two dozen US citizens joined nonviolent “go-in” actions during annual protests in 2017, 2018, 2019, and 2021. (Dennis DuVall formerly of Arizona was tried and convicted in 2019 but is now a German resident.)

Bench trials and appeals hearings are crowding the court calendar in the ongoing campaign of civil resistance against the 20 US nuclear weapons, known as B61 gravity bombs, stationed at base.

In her defense, Crane intended to present oral testimony and written documents, including a declaration by international law expert Anabel Dwyer of Michigan, and a written appeal to the base’s military personnel that was carried by the group on July 15, when 18 people gained entry to the base in broad daylight on a Sunday morning. In prepared testimony provided to Nukewatch, Crane intended to argue that “sharing” of the US thermonuclear B61 gravity bombs with Germany violates the Treaty on the Nonproliferation of Nuclear Weapons (NPT), among other international laws. We go to press before the trial, but judges in all similar cases in the “Büchel is Everywhere” campaign have ignored appeals to “crime prevention” defenses under international law and found the protesters guilty.

Nukewatch staffer John LaForge was convicted on the same two charges May 31, 2021, in the Cochem District court, and is now scheduled for a December 9 appeal hearing in the city of Koblenz, an appeal that Crane hopes to join as a co-defendant.

In the coming months, more than a dozen nuclear resisters from Germany, The Netherlands and the United States face trials in Cochem or appeal hearings in Koblenz, many on charges stemming from the 18-person July 2018 “go-in.” In one case, Margriet Bos of the Amsterdam Catholic Worker, who was convicted of trespass and property damage for joining the big go-in, has been informed that the fine imposed by the Cochem District Court has been transferred to the Dutch judiciary which will try and collect the $1,289 fine.

 

Nukewatch Quarterly Summer 2021

Nukewatch co-director John LaForge was convicted of trespassing and damage to property May 31 in Cochem, Germany. The charges stemmed from two 2018 nuclear weapons protest actions directed against the US nuclear bombs deployed at the Büchel Air Force Base in the southwest state of Rhineland-Pfalz. The trial was only the second for a US citizen in a 25-year-long campaign against “nuclear sharing” between the United States and Germany at Büchel. Over 90 similar trials have resulted from recent protests at the base, but only residents of Germany or The Netherlands have been prosecuted.

Dennis DuVall, formerly of Prescott, Arizona became the first US citizen convicted of the same charges in May 2020, although the long-time member of Veterans for Peace now lives in Germany.

LaForge, 65, was given a penalty of 600 euros ($727) or 50 days of either community service or jail. The bench trial conducted by Cochem District Court Judge Alexander Fleckenstein took place in LaForge’s absence. LaForge will appeal the conviction.

In the protest on July 15, 2018, LaForge and 17 others entered the base through five openings cut in the base’s chain link perimeter fence in broad daylight on a Sunday morning. In a subsequent action August 6, the anniversary of the US atomic bombing of Hiroshima, LaForge and Susan Crane of the Redwood City, California Catholic Worker also entered the base unhindered, in daytime, and even climbed to the top of one of the bunkers reportedly holding some of the 20 US hydrogen bombs on base. Charges were not brought against Crane.

About his May 31st guilty verdict LaForge said, “The court refused to consider federal and international laws that forbid preparations for mass destruction. It is grimly ironic that my defense relies on the Nuremberg Charter and Principles which were created in Germany by the WW II allies, with US Supreme Court Justice Robert Jackson as chief prosecutor leading the charge. Nuremberg law declares that planning and preparing indiscriminate attacks is criminal before the fact. Our actions were taken to prevent the illegal preparations for massacres using US nuclear weapons that take place at the base.”

In the May 31 trial, Attorney Busl read John’s written testimony and introduced several supporting documents including formal declarations by international law expert Anabel Dwyer of Ann Arbor, Michigan, and by retired German judges Bernd Hahnfeld and Ulf Panzer. Judge Fleckenstein said international law was irrelevant to the charges and was better suited for consideration by higher courts.

After similar convictions in the campaign against the “sharing” of US nuclear weapons in Germany, gravity bombs known as B61s, appeals to higher courts have not been successful. Germany’s highest judicial body, the Constitutional Court has ruled that addressing the question of whether deployment is lawful “is not in the public interest.”

In view of the court system’s refusal to consider international treaty law as a defense to the protest charges, several resisters intend to appeal to the European Court of Human Rights in Strasbourg, France. The ECHR can hear cases of unfair trials under certain circumstances, and the resisters argue that refusing to consider their international law defense constitutes trial court unfairness or judicial bias.

Nukewatch, and the German group Nonviolent Action Abolish Nuclear Weapons (GAAA) coordinated three delegations of US peace activists — in 2017, 2018, and 2019 — to the annual peace encampments near the Büchel Air Base. The delegations participated in vigils, blockades, and “go-in” actions together with resisters from Germany, The Netherlands, Italy, France, and the UK.

Scores of similar actions have taken place at the base over the last 25 years, and over 90 court trials in Cochem have resulted from the long-running campaign which demands: 1) removal of the US H-bombs, 2) cancellation of their replacement with the new bomb, and 3) German ratification of the 2017 Treaty on the Prohibition of Nuclear Weapons.

 Nukewatch Quarterly Summer 2021

Germany’s Federal Constitutional Court issued a blunt rejection of an appeal from nuclear weapons resisters, on May 4, 2021, without presenting any explanation of its decision. The court did note that under federal law, “reasons need not be given for a decision refusing to accept a constitutional complaint.” 

Stefanie Augustin of Dortmund, Marion Küpker of Hamburg, and Margriet Boss of Amsterdam were convicted last year in Cochem District Court of property damage and trespass at the Büchel Air Force Base, charges that came after the 18-person go-in action of July 15, 2018. Stefanie and Marion appealed, first to the Regional Court in Koblenz which ruled against them, then to the Constitutional Court in Karlsruhe, the Germany equivalent of the US Supreme Court.

The high court said that its judges unanimously agreed that “the constitutional complaint is not accepted for decision” and that there is “no longer any legal remedy at national level.” This finality means the two may now appeal to the European Court of Human Rights in Strasbourg, France, on the grounds that German courts have all unfairly refused to consider the international humanitarian laws and other treaties that forbid any planning and preparations for unlawful, indiscriminate military attacks. The European Court strictly limits the number of appeals it agrees to hear using a stringent set of judicial requirements.