PICAT email to A-G office on 26 January 2017

Dear Mr Hollands,

With apologies for the delay which was caused in part by the holiday break.

We now are in a position to respond to your email of 22 November 2016 in
which you requested a draft indictment and asked us to ensure that we
had sent you all the evidence on which we propose to rely.

As regards a draft indictment, we are advised that for the purposes of a
private prosecution which is what we seek consent for, a draft
indictment is not required. All that is necessary is that the charge we
propose to bring is clear - which it is. As stated in our letter of 1
October 2016 (alongside which this latest letter should be read), the
charge is: Conspiracy to commit a war crime contrary to s 51 ICC Act
2001 and s 1 Criminal Law Act 1977.

As for the persons charged - they would be the Secretary of State for
Defence (Michael Fallon) the Prime Minister (Theresa May) and others
(the wording in the Conspiracy charge would be in the usual form -
“others” or “others unknown”).  We also would wish for there to be
consideration as to whether the offices of Secretary of State for
Defence and Prime Minister are legal persons and could be prosecuted as
an alternative to named current office holders. The ingredients of the
offences are set out in detail in our letter dated 1 October 2016.

In terms of the evidence we propose to rely on, the only additional
materials we now submit, besides those we have already sent you which
you should note include references to further evidence (documents) that
we will rely upon, are:

(1) the full House of Commons debate on the 'UK's Nuclear Deterrent' as
reported in Hansard, 18 July 2016, Vol 613. This is accessible via the
following link:

In our letter of 1 October we have already referred to the Prime
Minister's reply to George Kerevan MP that she is personally prepared to
authorise a nuclear strike that would kill 100,000 innocent men, women
and children, and that '[t]he whole point of a deterrent is that our
enemies need to know that we would be prepared to use it'. We also rely
on the statement made during that debate by the Secretary of State for
Defence, Michael Fallon MP, in which he urged MPs to vote to maintain a
credible nuclear deterrent (Cols 653-655). We contend that these
statements demonstrate that the Prime Minister and the Secretary of
State for Defence (whose department is responsible for the Trident
nuclear weapons system) are involved in a conspiracy to commit a war
crime contrary to s 51 ICC Act 2001 and s 1 Criminal Law Act 1977.

(2) A recent report by Philip Webber and Stuart Parkinson entitled 'UK
nuclear weapons: a catastrophe in the making?' (Scientists for Global
Responsibility, September 2015). This speaks clearly and convincingly to
the proportionality question. Here is a link to the pdf:

I trust that you now have all the material you need in order to enable
the Attorney General to consider our request for consent to prosecution.
To reiterate, we submit that there is evidence of a conspiracy by the
Prime Minister, The Rt Hon Theresa May MP, the Secretary of State for
Defence, The Rt Hon Sir Michael Fallon MP, and others to commit a war
crime, contrary to s 51 ICC Act 2001 and s 1 Criminal Law Act 1977.

Yours sincerely,

Angie Zelter for PICAT.