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January 25, 2019 by Nukewatch 2 Comments

Gerd Büntzly, Crime Fighter

Gerd Büntzly (right) with attorney in appeals court

By John LaForge

HAMBURG, Germany — I was with Gerd Büntzly, 69, of Herford, in a demonstration in Germany July 17, 2017. So were Steve Baggarly, Susan Crane, and Bonnie Urfer, all of the United States. Ours was a peaceful if covert, night-time occupation of a protected aircraft shelter or bomb bunker far inside the Büchel Air Force Base, near the beautiful Mosel River valley.

We were there to help prevent the unlawful use of the shelter in nuclear attacks or nuclear war preparations. Routine nuclear war planning by US and German Air Force personnel there, using US B61 nuclear bombs (NATO’s so-called “nuclear sharing”), violates the Treaty on the Nonproliferation of Nuclear Weapons (NPT) and several other international treaties, all binding on the United States and Germany.

A rally in support of Gerd took place before the hearing.

In spite of our formal complaint to state prosecutors against “selective prosecution” of Gerd, and the violation of his “equal protection” rights, only he was charged, tried, and convicted of trespass and property damage (for clipping fences) in January last year. This Jan. 16, he was in court again appealing the conviction. Susan Crane from California and I travelled to Koblenz to speak on his behalf. Attorneys were quite sure that we two could testify, but ultimately were not allowed.

We wanted to explain that international law has the force of state and federal law in Germany and the United States, a fact recognized by Germany’s Constitution (Art. 25) and the US Constitution (Art. 6). According to Univ. of Illinois Law School Prof. Francis Boyle, writing recently for other nuclear weapons resisters, “International law is not ‘higher’ or separate law; it is part and parcel of the structure of federal law. The Supreme Court so held in the landmark decision in The Paquete Habana (1900), that was recently reaffirmed in Hamdan v. Rumsfeld, in 2006.”

Contrary to modern military strategists, there is no such thing as a “limited nuclear war.” Nuclear weapons only produce massacres. Beginning with 8 to 10 million degrees at detonation, followed by indiscriminate mass destruction from blast effects, city-size mass fires (firestorms) in which nothing survives, and uncontrollable radiation poisoning that produces genetic damage unlimited by space or time, nuclear weapons are just massacre delivery systems.

Supporters hoped to testify in the hearing.

International law has prohibited the planning and not just the commission of such massacres since 1946.

Professor Boyle wrote last November 1st: “The Judgment of the Nuremberg International Military Tribunal meted out severe punishment in 1946 against individuals who, acting in full compliance with domestic law but in disregard of the limitations of international law, had committed war crimes and crimes against peace as defined in its Charter.”

The Nuremberg Charter and Principles apply to individual civilians like us and oblige individuals to disobey domestic laws that protect government crimes. And Nuremberg prohibits all “planning and preparation” of wars that violate international treaties.

The 1949 Geneva Conventions prohibit indiscriminate attacks on noncombatants, attacks on neutral states, and long-term damage to the environment. The 1907 Hague Conventions forbid the use of poison and poisoned weapons under any circumstances.

Under the 1970 NPT, it is prohibited for Germany to receive nuclear weapons from the United States and for the US to transfer them to Germany. Germany and the United States are both formal state parties to all of these Treaties.

“By implication,” Boyle explains, “the Nuremberg Judgment privileges all citizens of nations engaged in war crimes to act in a measured but effective way to prevent the continuing commission of those crimes. The same Nuremberg Privilege is recognized in Article 38 of the Statute of the International Court of Justice which has been adopted as a Treaty (the United Nations Charter) by the United States” [and Germany]. In my opinion, such action certainly includes nonviolent exposure and inspection of sites of ongoing war crimes.”

Because nuclear weapons cannot be used without violating these binding international treaties; since Germany and United States at Büchel are planning and preparing war that violates these treaties; and because the Nuremberg Charter and Principles forbid this planning and preparation, and apply to civilians and military personnel alike, and hold citizens individually responsible; and require citizens to disobey illegal orders, to refuse participation in or ignore international crimes, civil resistance at Büchel is no offense but a civic duty, a lawful obligation, and an act of crime prevention.

Some of the German and international supporters from the Netherlands and United States await the trial.

In the courtroom, crowded with 40 people, the three-person “bench” (two lay volunteers and one criminal court judge) found Gerd guilty — but reduced his fine from 1,200 Euros to 750 — after making a few standard quips about “deterrence.” Prescient as ever, Professor Boyle’s latest book is, “The Criminality of Nuclear Deterrence” (Clarity Press 2013).

Filed Under: Direct Action, Nuclear Weapons, On The Bright Side, Photo Gallery, US Bombs Out of Germany, War, Weekly Column

January 14, 2019 by Nukewatch 2 Comments

Appeal to be Heard in Case of German Nuclear Bomb Bunker Protest Conviction: US Activists to Testify

Gerd Büntzly (right) with anti-nuclear activists before entering Büchel Air Force Base on July 17, 2017.

An appeal court trial for Gerd Büntzly, 69, from Herford, Germany, will begin Wed., Jan. 16, 2019 at 2 p.m. in County Court Koblenz, Germany.

Büntzly has appealed a January 2018 conviction on trespass and property damage charges stemming from a July 2017 protest at the Büchel Air Force Base, in Germany’s Eifel region, which experts say deploys at least 20 U.S. nuclear gravity bombs for use by the German Air Force. Büntzly was sentenced to a fine (40 times his day’s wages) that could translate into 40 days in jail.

Büntzly, 69, who teaches German to refugees, is a retired music teacher, pianist, and an orchestral arranger, and is a founding member of Liebenslaute (Life Sounds), a German resistance orchestra that combines musical performance with social action. (Büntzly is available for interviews before and after the trial.  (+49-522-138-0866)

On July 17, 2017, Büntzly along with four U.S. activists clipped through several chain-link fences at the German nuclear weapons base, and were eventually able to occupy the top of a heavy nuclear weapons bunker known as a protected aircraft shelter. The activists say they acted, to “end our complicity with the unlawful deployment of 20 U.S. B61 nuclear bombs on the Büchel air base.” German air force pilots of the country’s PA200 Tornado fighter jets train at the base to use the U.S. nuclear bombs under a NATO program called “nuclear sharing.”

Two of the U.S. activists that joined Büntzly in the 2017 occupation of the bunker on the base, Susan Crane from the Redwood City Catholic Worker in California, and John LaForge from Nukewatch in Wisconsin, have come to Germany for the appeal trial, where they hope to testify. Susan Crane said, “We don’t want to be complicit the ongoing planning, preparation, possession, deployment, threatened use or the use of the 20 U.S. B61 nuclear bombs at Büchel. These are violations of international humanitarian law and the Nuremberg Principles. We hope the court will recognize the Treaties that forbid nuclear weapons threats, and then reverse Büntzly’s conviction.”

International law experts from the US and Germany have condemned “nuclear sharing” as a violation of the Nuclear Non-Proliferation Treaty (NPT), which both the U.S. and Germany have ratified. The NPT’s first two articles prohibit the transfer of nuclear weapons to or from other countries that have ratified it. Anabel Dwyer, an international legal expert from Michigan, has submitted a formal Declaration on behalf of Büntzly, arguing that citizens are permitted to try and prevent unlawful or criminal government conduct, especially alleged violations of Treaties outlawing the planning of war crimes.

Marion Küpker, spokesperson for the German-wide campaign “Büchel is Everywhere: Nuclear Weapons-Free Now!” also said that Büntzly’s nonviolent civil resistance was justified. “In 1999, a Scottish court recognized a ‘defense of crime prevention’ under international humanitarian law, when it acquitted three women who had acted against Britain’s Trident nuclear submarine program by throwing parts of its maintenance system into the sea,” Küpker said.

Germany’s “Büchel is Everywhere” campaign has now been endorsed by 60 groups and organizations, and sponsors a nonviolent action camp outside the Büchel base from March 26 to Aug. 9. In the past two years, more than 60 individuals have joined “go-in” actions during the weeks of peace camp. In 2019, there will be another 20 weeks of nonviolent protests at the base.

In the coming years, a new U.S. B61 bomb, the B61-mod 12, is set to be built at a cost of around $12 billion, and the U.S. plans to deploy the new bomb at Büchel and six other NATO bases in Europe where the U.S. Air Force’s current B61-3s and B61-4s are now used. The other “nuclear sharing” sites are in The Netherlands, Belgium, Turkey and (two in) Italy. #####

Filed Under: Direct Action, Nuclear Weapons, US Bombs Out of Germany, Weekly Column

January 9, 2019 by Nukewatch Leave a Comment

Committed Loudmouths against Nuclear Lawlessness

Homeland Security or Abbott and Costello meet the Keystone Kops?
By John LaForge

HAMBURG, Germany — You have to wonder if the Department of Homeland Security is insecure or just lame.

On Dec. 31, I was just about to board a flight to Hamburg, when a pair of its employees stopped me and asked a few questions. My mistake was to forget to ask their names, their jobs, and if I was under arrest. Instead I calmly answered their irrelevant queries. Nothing they asked related to anybody’s homeland.

Three pieces of paper that one officer handed me did not concern me or my international travel plans. They were sections of the United States Code regarding “subversive activities” at United States military sites. I’m in Germany to attend the appeal court hearing of a nuclear weapons abolitionist, Gerd Büntzly, whom I joined in 2017, along with three other US citizens, in a protest at the German Air Base Büchel. There are 20 US-manufactured nuclear weapons (B61-4s) at the base, but it’s a German air base. The USAF just works there (under the name 702nd Munitions Support Squadron) to guard, support and train German pilots in use of the US H-bombs.

Gerd, 68, a German language teacher, pianist, orchestral arranger and former music teacher from Herford, Germany, intends to testify at his own appeal that nonviolent resistance at the Büchel base is a lawful act of crime prevention because Germany and the United States deploy the US nuclear bombs there in violation of the Treaty on the Nonproliferation of Nuclear Weapons.

The NPT prohibits the transfer of nuclear weapons to or from other states that have signed it. Both the US and Germany are parties to the NPT. (What the US has said to rationalize its nuclear lawlessness is: 1. The H-bombs are under USAF control at the base until war starts; and 2. The NPT doesn’t apply in wartime when the bombs would be transferred to German Tornado fighter jets.) Now that’s subversive activity at a military base!

One inquiring officer wanted a look inside my cornet case even though it had already passed two sets of airport security. (Of course, you never know about cornet players!) The other officer asked if I knew it was unlawful to enter a military installation without permission. I should know after having done so in at least two dozen protests. I said Yes.

After skimming the badly copied sections of the US Code, I asked why the officer was giving them to me. One said, “So you can’t say you haven’t been warned.” But none of the text I was given involved warnings, just federal statutory facts. The US Code is addressed to the US population as a whole. The material was neither addressed to me, nor had a date or the name of an issuing officer. Two pages had a DHS seal shabbily stamped in red. The pages were just photocopies or web page print-outs, complete with comical errors: One elaborately defined federal misdemeanor was said to have a penalty upon conviction of “a fine not to exceed ,000.” Wow, some warning.

The airport interruption was perhaps a sort of “proof of surveillance” demonstration by the cops — a useless and absurd one. One officer then felt the need to inform me that, “‘No trespassing’ signs at military bases are written in English.” I thought, What would become of the nation without the stern Dept. of Homeland Security!  I walked down the causeway to my seat.

Regular readers know that your Nukewatch reporter has protested and engaged in civil resistance against nuclear weapons and war since long before the advent of the Dept. of Homeland Security. Perhaps the attempted scare tactic was actually a message meant for everyone else. By reporting on the airport delay, maybe I only help the DHS put on notice those readers who may be considering opposition to US militarism.

What the DHS hasn’t figured out is that hokey theatrics used to shoo people away from political dissent only succeed against those few activists who were born yesterday. There are just too many time-honored, practical, hard-headed, ethical and strategic reasons for nonviolent political action (against the tyranny of the war system, misogyny, homophobia, racism, sexism and human exploitation) to ever intimidate committed loudmouths.

Filed Under: Direct Action, Nuclear Weapons, Office News, On The Bright Side, US Bombs Out of Germany, Weekly Column

December 31, 2018 by Nukewatch Leave a Comment

US Nuclear Weapons “Sharing” in Europe

Protest and Resistance

By John LaForge
Winter Quarterly 2018-19

Regular readers will recall that for two summers in a row, Nukewatch has organized a delegation to Germany made up of US peace activists, and joined forces with Germany’s nation-wide campaign to oust the remaining 20 US nuclear weapons from Germany’s Büchel Air Force Base.

Under a program called “nuclear sharing,” the United States positions nuclear gravity bombs known as B61s at six NATO air force bases in five European states, one base each in Germany, Belgium, The Netherlands, Turkey, and two bases in Italy.

Military pilots in these NATO states reportedly train for loading the US nuclear bombs on their own fighter jets and are prepared to use them on orders from the president of the United States.

NATO Secretary General Jens Stoltenberg was asked last spring whether NATO’s “nuclear sharing,” was becoming “obsolete.” Speaking at Southern Methodist University in Dallas, Texas, April 5, 2018, Mr. Stoltenberg said:

Nuclear sharing, for those who don’t know … the United States, they have the weapons. But then other NATO allies, for instance, deliver the planes that can carry the nuclear bombs. So, then different nations work together to provide a nuclear capability. That’s nuclear sharing…. [I]t’s not obsolete. … I cannot comment on which countries are a part of our nuclear sharing arrangements…”

Protest and Resistance

German activists have worked for 20 years to see the bombs removed from Büchel, and hundreds have been engaged in protest and nonviolent resistance at the base.

Hundreds of activists have participated in the campaign “20 Weeks for 20 Bombs,” a 5-month peace camp organized by Nonviolent Action for Abolition of Nuclear Weapons (GAAA) which is supported by 60 national and regional peace groups around the country. The Nukewatch/US delegation has twice joined the camp during its “International Week” in July.

In the years 2017 and 2018, International Week saw nuclear weapons opponents conduct uninvited “go-in” actions 58 times at the base, GAAA coordinator Küpker reports.

From left, Susan Crane, Marion Küpker, Gerd Büntzly, and John LaForge held banners outside the state prosecutor’s offices in Koblenz, Germany July 25, 2018 after delivering a letter. Büntzly has appealed his conviction on trespass charges stemming from a July 16, 2017 protest in which he, Crane, LaForge, Bonnie Urfer and Steve Baggarly all got deep inside the Büchel Air Base and occupied a heavy bunker. The other four were never charged, and the letter complained of his “selective prosecution.”
Selective Prosecution for Bunker Occupation

In one of the 2017 actions, a group of four US citizens, including this reporter, and German activist Gerd Büntzly set out to inspect a nuclear bomb bunker. After spending an hour on one of the heavily fortified and earth-covered bunkers, and being picked up and briefly detained by air base authorities, the action made headlines. Of the five, only Gerd Büntzly was charged and convicted of trespass and damage to property.

Büntzly will be in Koblenz, Germany on January 16, 2019, for an appeal of the low-level conviction. (check back for updates!)

In protest of the apparently selective prosecution of Gerd, Plowshares activist Susan Crane and I (who along with Bonnie Urfer and Steve Baggarly had joined Gerd on the bunker) submitted a formal letter to the German prosecutor’s office in Koblenz on July 25, 2018. The letter complained of the offices’s unfairness in charging just one for actions taken by five.

The prosecutor’s office first claimed that it could not find contact information for the US citizens. When it was reminded that the German Air Force, the civil police and the US Air Force all had the addresses, the prosecutor simply replied that our letter of complaint had not been persuasive in changing the offices’s position.

With the help of Küpker, translators, and GAAA, Susan Crane and I will travel to Koblenz in January to testify at the appeal hearing on Gerd’s behalf. To support Gerd’s defense of necessity in the case, German attorneys are helping arrange for our testimony and for the submission of formal declarations from international law experts.

Prosecutor’s Warnings to “Go-in” Activists

GAAA’s Küpker reports that over the last 20 years, so-called “go-in” protest actions involving crossing into air force property have led to charges and convictions for trespassing, and sometimes for property damage if the fence was cut. However, it is striking that prosecutors have always refused to charge activists from European countries outside Germany.

This year for the first time, letters of warning from the German military and in some cases from the state prosecutor have been sent to at least 16 activists from various countries informing them that the charges could be pending. Peace activists from The Netherlands, England, and the United States have received notices which strangely do not contain official charges. Küpker suggested the letters could be an attempt at intimidation.

Join the Effort to Oust US Nukes from Germany

The camp, set just outside the gates of the Büchel Air Force Base in west-central Germany, is again scheduled to run from March 26 to August 9, 2019. Contact Nukewatch to join this year’s delegation running July 8-16.

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

December 31, 2018 by Nukewatch Leave a Comment

International Action Camp Germany July 8-16, 2019

Stop the New U.S. Nuclear Bomb for Europe—the B61-12!

United we can stop the planned nuclear bomb!

Please join the German campaign to send the existing U.S. nuclear weapons back home, and to halt production of the new B61-12 nuclear bomb, scheduled to be built in the U.S. by 2020 and deployed in five European countries—Italy, Belgium, Holland, Turkey, and Germany.

We invite anti-nuclear, environmental peace and human rights activists to our peace camp July 08-to-16, 2019, at the main gate of the Büchel Air Base in Germany with emphasis on young people! The international Action Camp is part of our 20 weeks of action from March 26th to August 9th (Nagasaki memorial day). Twenty weeks represent the 20 B61 H-bombs still at Büchel AB. Our peace camp includes networking, vigils, and nonviolent civil resistance.

The international week will be the third uniting Europen activists with anti-nuclear resistance in the U.S.—the country where construction of the bomb is taking place. In 2018, 10 activists from the U.S. joined together with dozens from Holland, Belgium and France, and the International Youth Group from Mutlangen, Germany. On July 17, 2017  US delegates personally delivered a copy of the new Nuclear Weapons Treaty Ban to the commander of the air base.

Please join over 400 internationals that have signed our “Declaration of Solidarity.”

Political, Military & Corporate Background

Despite the end of the Cold War, about 20 U.S. nuclear bombs are still deployed at Germany’s Büchel air force base. German pilots are both trained and obligated to take off with these bombs in their Tornado jet fighter-bombers and, if the orders come from a U.S. president through NATO, to use them on their targets. This horrifying war plan is part of the “nuclear sharing agreement” between the US and Germany, and includes a first-strike option. NATO calls this proliferation “Power and Burden Sharing.”  In addition nuclear exercises next to the east European Russian border—for example Anaconda—with tens of thousands of soldiers and military equipment movements, have taken place recently.

These weapons of mass destruction—illegal under German, U.S. and international law—are scheduled to be replaced by expensive (a $10 billion program), new, precision-guided nuclear weapons—the B61-12—in the near future, through the National Nuclear Security Administration’s “modernization” program.

Three US National Laboratories—Los Alamos and Sandia in New Mexico, and Lawrence Livermore in California—have worked to design the B61-12, and parts are being made at the Y12 complex in Tennessee, the Kansas City Plant in Missouri, and at Sandia. Final assembly is set for the Pantex site in Texas. Major contractors are Boeing, Lockheed-Martin, Honeywell, and Bechtel. Hans Kristensen of the Federation of American Scientists has reported that the 400 new B61-12s planned for Europe will cost at least $25 million apiece.

The military industrial complex, together with major political parties, continue this destabilizing nuclear weapons enhancement in spite of popular resistance.

The planned B61 replacement is going on despite Germany’s  overwhelming approval March 26, 2010 of a cross-party (bipartisan) resolution by the Bundestag calling on the government to pursue permanent removal of the Cold War nuclear bombs.

Germany is the only country inside Europe that has a nationwide campaign of 54 groups and organizations (called Büchel is everywhere—Nuclear weapons-free now!) with the focus on nuclear abolition and civil resistance at the scene of crime. We believe that besides lobby work, we also have to increase awareness and political pressure using nonviolent direct action to halt the B61 replacement.

Because of public interest (a 2016 poll shows that about 90% of the German public is against the US nukes) our united coalition work — which includes well-respected organizations like IPPNW, IALANA, the German Fellowship of Reconciliation, Pax Christi, and DFG-VK, etc. — led to the political decision to de-criminalize participation in nonviolent blockades at Büchel.

Finally, the global nuclear weapons Ban Treaty has been signed at the United Nations by 67 countries, and on Oct. 6, 2017 the International Campaign to Abolish Nuclear Weapons, the Treaty’s principle proponent, received the Nobel Peace Prize. Our German political decision makers refused to take part in the negotiations for the Treaty Ban and have refused to sign it — following the bad example of the United States, most NATO members, and all the other nuclear-armed states. Since  July 2017, leaders of 122 countries, thousands of civil society groups and NGOs, and religious leaders including Pope Francis have criticized the nuclear weapons nations for not signing on to the Treaty.

In 2017, during Germany’s nationwide election campaign, Social Democrat Party leader Martin Schulz promised he would demand removal of the nuclear weapons if he became Chancellor — and Germany’s Foreign Minister Sigmar Gabriel publicly endorsed Schulz’s promise at a Washington, DC press conference with US Secretary of State Rex Tillerson. Also, the Left Party called for a parliamentary decision to remove the B61s (unfortunately dismissed), and the Greens have permanent removal of the bombs as part of their party platform. These parties need to be pressured to take further actions to oust the US bombs. Politicians know that when Germany steps out, it will effect future decisions of the four other “nuclear sharing” countries (Belgium, Holland, Italy and Turkey). A “domino effect” is possible, so the best time to stop the B61-12 program is now — before it goes into production.

20 Weeks of Action for 20 Bombs at Büchel

In 2016, 2017 and in 2018, we had 20 weeks of actions with over 50 religious, peace, women’s, anti-nuclear and other groups participating. Starting again on March 26, 2019, and continuing through August 9, groups and individuals will hold vigils and other kinds of nonviolent direct actions (blockades, go-ins, vigils  etc.) at the Büchel Air Base to pressure the government and remind lawmakers of their promise to permanently eliminate the US warheads.

Agreed Framework for Action:

When we take part in nonviolent direct action, we will not use or threaten to use physical violence against any person, especially in situations where violence is being used against us. No participant in the action will hold another person against their will, push them or injure them in any way. We will not behave insultingly or humiliate others. Rather we wish to treat others (police, soldiers, counter-demonstrators and everyone) with respect, even as we criticize the actions they take.

This also remains valid when it comes to legal proceedings as a result of our actions, during which we will behave with solidarity toward one another. The complete agreed framework for action can be found on our homepage in German: www.buechel-atombombenfrei.de

Declaration of Commitment

The core element of the campaign is our “Declaration of Commitment” signature gathering effort, where people declare in public (on our website):

“I will come Büchel once a year and take part in an action until nuclear weapons are withdrawn, and I will actively commit to seeking a nuclear weapons-free world in the place where I am living.”

Declaration of Solidarity

Besides the Declaration of Commitment, we also have a “Declaration of Solidarity”—especially for people who cannot come to Büchel but who want to show their full support (please see website sign-on).

In Germany, the peace movement always risks being considered “anti-American.” With plenty of signatures from the U.S. peace and justice movement, we can show that we are united in our vision for a nuclear-free world—and in solidarity with indigenous peoples and other people of color, who are disproportionately impacted by the nuclear production chain. We don’t want new nuclear weapons, and we believe the money should go to address people’s real needs!

If you are interested in joining, please contact: <mariongaaa@gmx.de>  or via our website and let us know about any support you might need.

All kinds of housing, including camping, exist in this beautiful volcanic region. There will be an office and a contact person nearby.

GAAA c/o                                                                Nukewatch
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Filed Under: Direct Action, Nuclear Weapons, On The Bright Side, US Bombs Out of Germany

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