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INTERNATIONAL LAW – USE OF FORCE AND ESPIONAGE

INTERNATIONAL LAW – USE OF FORCE AND ESPIONAGE. Unit 11. Greenpeace. A non - governmental environmental organization offices in over 40 countries an international coordinating body in A msterdam its goal is to "ensure the ability of the Earth to nurture life in all its diversity ”.

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INTERNATIONAL LAW – USE OF FORCE AND ESPIONAGE

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  1. INTERNATIONAL LAW – USE OF FORCE AND ESPIONAGE Unit 11

  2. Greenpeace • Anon-governmentalenvironmentalorganization • offices in over 40 countries • an international coordinating body in Amsterdam • its goal is to "ensure the ability of the Earthto nurture life in all itsdiversity”

  3. Greenpeace • Focuses on: • Global warming • Deforestation • Overfishing • Anti-nuclearissues

  4. Greenpeace • Research • Bringingproblems to theattentionofthepublic • Non-violentdirectaction

  5. History: Beginnings • In 1971, a small team of activists set sail from Vancouver, Canada, in an old fishing boat. These activists - the founders of Greenpeace - believed a few individuals could make a difference. • Although their boat was intercepted before it got to Amchitka, the journey sparked a flurry of public interest.

  6. History: Beginnings • The US detonated the bomb, but the voice of reason had been heard. • Nuclear testing on Amchitka ended that year, and the island was later declared a bird sanctuary. • Years later, Greenpeace won a ban on all nuclear weapons testing

  7. History: 1980’s • 1985: A French Secret Service agent - Christine Cabon - infiltrated the Greenpeace office in Auckland, posing as a volunteer.1985: French Secret Service agents blew up the Rainbow Warrior, in Auckland harbour, at 23.38hr on 10th July. One of the crew, the photographer Fernando Pereira, drowned as the ship sank.

  8. Rainbow Warrior

  9. Rainbow Warrior

  10. Rainbow Warrior • a former UKMinistryofAgriculture, FisheriesandFoodtrawlerlaterpurchasedbyGreenpeace • active in supporting a number of protest activities againstsealhunting, whalingandnuclearweaponstestinginthe late 1970s and early 1980s

  11. Rainbow Warrior • campaigning against nuclear testinginthe Pacific • evacuated some 300MarshallIslandersfromRongelapAtoll, polluted by radioactivity from past American nuclear testsinthe Pacific • travelled to New Zealand to lead a flotilla ofyachts protesting against French nucleartestingintheFrenchPolynesia

  12. South Pacific

  13. Pacific

  14. FrenchPolynesia

  15. FrenchPolynesia • 1946 Polynesians granted French citizenship • the islands' status changed to anoverseasterritory; • the islands' name changed in 1957 to PolynésieFrançaise (French Polynesia). • In 1962, France's early nuclear testing ground ofAlgeria became independent and theMaruroaatoll in the Tuamotu Archipelago selected as the new testing site; Tests- conducted underground after 1974. • 1977 French Polynesia granted partial internal autonomy; 1984 the autonomy was extended.

  16. FrenchPolynesia • In Sept. 1995, France stirred up widespread protests by resuming nuclear testing after a three-yearmoratorium • The last test: 27 Jan. 1996. • On 29 Jan. 1996, France announced that it would accede to theComprehensive Test Ban Treaty, and no longer test nuclear weapons

  17. Locationof Rainbow Warrior

  18. Rainbow Warrior • Greenpeace intended to monitor the impact of nuclear tests and place protesters on the island to monitor the blasts • The French Government infiltrated the organisation and discovered these plans

  19. Rainbow Warrior • sabotaged and sunk just before midnight on July 10, 1985 by two explosive devices attached to the hull by operatives of the French intelligence service • PhotographerFernandoPereira returned to the ship after the first explosion to try to retrieve his equipment; killed when the ship was sunk by the second larger explosion

  20. Rainbow Warriorsunk

  21. Rainbow Warrior • A murder enquiry began and a number of French agents were tracked and arrested. • The revelations of French involvement caused a political scandal and the French Minister of Defence Charles Hernu resigned. • The captured French agents imprisoned, later transferred to French custody.

  22. Rainbow Warrior • They were confined to a French military basefor a brief period before being released. • After facing international pressure France agreed to pay compensation to Greenpeace • later admissions from the former head of the DGSE revealed that three teams had carried out the bombings.

  23. Rainbow Warrior • In addition to those successfully prosecuted, a two-men team had carried out the actual bombing but their identities have never been officially confirmed. • On 22 Sept. 1985, the French Prime MinisterLaurentFabius read a statement saying: "Agents of the French secret service sank this boat. They were acting on orders."

  24. Rainbow Warrior • In 2006, Antoine Royal, brother of the French presidential candidateSegolene Royal, revealed in an interview that their brother,Gerard Royal, a former French intelligence officer, had been the agent who put the bombs on the Rainbow Warrior

  25. Rainbow Warrior • Greenpeace and the French Republic agreed to submit Greenpeace's claims against France to international arbitration. The arbitral tribunal, seated in Geneva -composed of 3 members (Prof. Claude Reymond, Sir Owen Woodhouse and Prof. Francois Terre) rendered an award in 1987 in favor of Greenpeace, ordering France to pay it some $8.1 million.

  26. Rainbow Warrior • David McTaggart, Greenpeace's chairman, described the award as "a great victory for those who support the right of peaceful protest and abhor the use of violence."

  27. Rainbow Warrior • Towed north with a patched hull on 2 Dec. 1987. • Ten days later, it was given a traditional Maori burial. • Now home to a complex ecosystem, it has become a popular dive destination • In a few years, it became an integral part of the environment it helped protect.

  28. Memorial to the Rainbow Warrior atMatauri Bay, Northland

  29. Rainbow Warrior • “Her voyage into history was cut short by two limpet mines in 1985, when frightened politicians in Paris ordered French agents to sink the ship in New Zealand, believing this would stop our protests against nuclear weapons tests. One crewmember was murdered in the attack – photographer Fernando Pereira.

  30. Rainbow Warrior • “It was a massive miscalculation, catalyzing opposition throughout the Pacific, strengthening Greenpeace, and hardening our resolve to rebuild and return. A supporter in Auckland coined the phrase that became a motto of opposition: “You Can’t Sink a Rainbow.” 

  31. Skimming • Skimthetext on p. 177 • Findthemainthemesofparagraphs 1-7 andgiveeach one a suitableheading

  32. Decide the correct order of the following • A) The role of Europe in resolving the dispute • B) The role of the New Zealand Government in the case • C) French economic measures against New Zealand • D) The involvement of the French government in the attack • E) French liability to the victim’s family and Greenpeace • F) The UN Secretary-General’s arbitration decision regarding the dispute between France and New Zealand • G)The conviction and sentencing of French agents involved in the attack

  33. Correct order: • The conviction and sentencing of French agents involved in the attack • The involvement of the French government in the attack • The role of the New Zealand Government in the case • French economic measures against New Zealand • The role of Europe in resolving the dispute • The UN Secretary-General’s arbitration decision regarding the dispute between France and New Zealand • French liability to the victim’s family and Greenpeace

  34. Summary • Write a summaryofthefactsofthe Rainbow Warrioraffair • It maybeintheformof a table, chart or diagram • Remeber to includeonlythemainpointsofthetext, use your own wordsandcutout all wordswhich are notnecessary for themeaning

  35. Exercise • Checkthefactsgiveninthepassage on p. 180. Twelveofthefactsstated are wrong – canyoufindthemistakes?

  36. Themainevents • July 1985: Frenchsecret service agentsMafartandPrieurchargedin New Zealandwithpassportoffences, conspiracy to committarson, wilfuldamageandmanslaughterinconnectionwith Rainbow Warriorattack. Pleadednotguilty, remandedincustody.

  37. Themainevents • August 1985: FrenchGovernmentagreed to extradite all otheragentsinvolvedinattack.

  38. Themainevents • September 1985: France admittedresponsibility for orderingatttack. ClaimedMafartandPrieurshouldthereforenotbeheldliable.

  39. Themainevents • November 1985: MafartandPrieurtried for arson, murderandwilfuldamage. Pleadednotguilty, convicted, sentenced to life imprisonment. FrenchDefenceMinisterwished to negotiatetheirreturnto France.

  40. Negotiationsbetween France and New Zealand • September 1985: Negotiationsbegan. New ZealandwouldtakeproceedingsagainstMafartandPrieur for compensation. Insisted on no politicalinterferenceandrefused to extraditeagents. InDecember New Zealandagreed to considerrepatriationofagents on conditiontheyservedrestofprison sentence in France.

  41. Negotiationsbetween France and New Zealand • Early 1986: France beganeconomicsanctionsagainst New Zealand. New ZealandcomplaintagainstsanctionsacceptedbyEuropeanCommunityCommission. France didnotadmitsanctions.

  42. Resolutionofdisputebetween France and New Zealand • September 1985: Europeangovernmentswished to seedisputesettledquickly. AttackcondemnedbyEuropeanParliament. UK Governmenttookaction to settledispute.

  43. Resolutionofdisputebetween France and New Zealand • June-July 1986: Disputereferred to UN Secretary General for arbitration. Ruling: France: apologise, compensate New Zealand, remove economicsanctions. • New Zealand: apologise, transfer MafartandPrieur to Frenchcustody

  44. Settlementofdisputesbetween France andvictims • November 1985: France to familyof dead man: apology, compensation.

  45. Settlementofdisputesbetween France andvictims • December 1985: France to Greenpeace: admittedliability, paiddamages

  46. Mistakes: Section A • July 1985: charged with murder, not manslaughter (line 5) • August ’85: the French Government refused to extradite the agents (line 10) • November ’85: they were not tried for arson and they were tried for manslaughter, not murder (lines 11-13); they pleaded guilty (13); they were sentenced to 10 years’ for manslaughter and 7 years’ for wilful damage, not to life imprisonment

  47. Mistakes: Section B • September ’85: New Zealand would take proceedings against the French State, not their agents (lines 23-4) • Early ’86: New Zealand complaint accepted by European Community Trade Commissioner, not Commission (31-2); France admitted sanctions (in April ’86) (line 32

  48. Mistakes: Section C • September ’85: UK Government did not take action, they ‘took little part in the dispute’ and only ‘called on France’ to settle compensation (36-7) • June-July ’86: New Zealand did not have to apologise, they only had to transfer the agents (44-5)

  49. Mistakes: Section D • December ’85: France did not pay damages in December ’85; they could not agree on the amount of damages and referred the question to arbitration in July ’86 (49-52)

  50. Vocabularyconsolidation • WhatdifferentcrimesweretheFrenchagentsaccusedof? • Scanthetex for wordsandphrasesconnectedwithcriminallaw

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