[Peace-discuss] Nuremberg Actions

[Barry Miller]

To All,

I wanted to share this lengthy item.

Thanks,

Barry


II. Envisioning Nonviolent Revolutionary Alternatives


The September 1, 1987 Tragedy
at Concord, CA Naval Weapons Station (CNWS):
Perspective of the People Invoking the
Nuremberg Principles at CNWS
Excerpts from Testimony
Prepared and Presented by S. Brian Willson
for Hearings Conducted by
the U.S. House Armed Services Subcommittee on Investigations
Washington, D.C.
November 18, 1987
The Illegal and Immoral Policies of the United States Government: Vietnam 
and Central Amercia; Significance of Nuremberg
In 1966 I left graduate school to become an officer in the U.S. Air Force. 
In 1969 I was assigned to be a section leader as a combat security officer 
at Binh Thuy Air Base in Vietnam. During and after my tour of duty there, I 
either participated in, witnessed, or heard the testimonies of other 
military personnel about behavior of our military forces in Vietnam that 
sickened me. After my discharge in 1970 as a Captain, I completed law 
school and became a member of the District of Columbia Bar. As I pondered 
Vietnam in my new profession, I realized that, in a massive way, we had 
participated in the violations of many international laws, including the 
Hague Convention of 1907, the Geneva Convention of 1949, the Nuremberg 
Principles of 1946/1950, the United Nations Charter, among others. The 
common torture, mutilation and murder of prisoners and civilians, the 
destruction of thousands of huts and villages, coastal and aerial 
bombardment of civilian targets, defoliation and destruction of crops and 
massive land areas, the forced transfer of much of the population into 
"strategic hamlets," the use of forbidden gas and chemicals, the seizure 
and destruction of medical resources, among other behaviors, were all 
violations of international law and fundamental standards of decency and 
fair rules.
Though for many years the memories and thoughts of Vietnam began to fade, 
they became revived in the 1980s as I began to learn more about our 
policies in El Salvador, Guatemala, and Nicaragua. I began to be interested 
in studying the Nuremberg Trials and the Principles that grew out of those 
Tribunals. My uncle had been a young military officer serving with the U.S. 
prosecution team at Nuremberg under the chief U.S. prosecutor there, 
Justice Robert H. Jackson, who took leave from the Supreme Court to be in 
charge of U.S. interests at Nuremberg. Jackson had grown up in the 
Jamestown, N.Y. area, a few miles from my hometown, providing me with more 
than a passing interest in his role, both at Nuremberg and on the Supreme 
Court.
Upon signing the London Agreement creating the basis for and existence of 
the International Military Tribunal, Jackson stated: "For the first time, 
four of the most powerful nations [U.S., France, Great Britain, Soviet 
Union] have agreed not only upon the principle of liability for war crimes 
of persecution, but also upon the principle of individual responsibility 
for the crime of attacking international peace" (Jackson, Statement of 
Chief Counsel Upon Signing of the Agreement, 19 Temp. L.Q. 169 [1945-6]).
As it seemed more clear from my readings, and separately, from 
conversations with people returning from Central America, I became alarmed 
that again I was aware of potential or actual violations of international 
law by my own government's policies. At the end of 1985, I resigned as 
director of a Vietnam Veterans Outreach Center and traveled to Nicaragua to 
experience the effects of the monies appropriated by this Congress for the 
Contras fighting the sovereign elected government and people of Nicaragua.
I found that the Contras regularly attack and destroy civilian targets such 
as health clinics, schools and farms, and torture and murder many of the 
civilians. During my first and three subsequent trips to Nicaragua I 
continued to witness the aftermath of Contra atrocities and I was 
shockingly reminded of the war crimes we had committed in Vietnam. I 
wondered whether we learned from Vietnam? I wondered about the Nuremberg 
Principles. If my own government was to violate international law, domestic 
laws and our own Constitution, what responsibility do I have in upholding 
the law? WE THE PEOPLE remain the basis of and authority for our 
government. This is called "popular sovereignty." If the government of the 
people no longer complies with its own laws, and no branch or institution 
of that government is able or willing to assure compliance, then the people 
who form the basis of and authority for the government must, in fact, take 
whatever reasonable action is necessary to stop those violations and 
restore integrity of the government and collective life in the society.
The killing of civilians and their children and the destruction of civilian 
targets is illegal and immoral. Furthermore, the intervention into the 
sovereignty of another nation violates numerous international laws 
including the charters of the United Nations and the Organization of 
American States.
Development of the Nuremberg Actions at Concord, CA Naval Weapons Station 
(CNWS)
The Concord, CA Naval Weapons Stations is (one of) the largest munitions 
depots on the West Coast of the United States. It has been the source of 
deployment of military munitions during World War II, Korea, Vietnam, and 
now Central America, among other military theaters. It also stores nuclear 
weapons.
CNWS has been the site of citizen opposition to the movement of its 
munitions during the Vietnam War. Marches, lengthy vigils, and frequent 
blocking of trucks and trains carrying munitions occurred throughout the 
period of the war. In the1980s, there have been demonstrations protesting 
the presence of nuclear weapons, and the movement of munitions to Central 
America. It has been reported that the most violent harassment on the West 
Coast against anti-Vietnam War protesters occurred at CNWS.
In the spring of 1987, having returned from trips to Nicaragua, Honduras, 
and earlier from El Salvador, I was in deep anguish over the number of 
amputees I had met as a result of the wars, most of them civilians, and the 
number of deaths I had observed, also mostly of civilians. Most of these 
deaths and amputations had occurred due to the actions of the U.S.-financed 
Contras in Nicaragua and Honduras, and the death squads in El Salvador. 
Most of the death squads in El Salvador have been shown to come from the 
police or army, both funded with U.S. dollars.
Meeting with a few friends committed to nonviolently resisting the U.S. 
militarization of the Central American region, we decided to revive the 
historic Bay Area focus on the role of CNWS in killing of civilians in 
violation of international, domestic and Constitutional Law. We had copy of 
a contract with the Government of El Salvador procured through the Freedom 
of Information Act disclosing a number of bombs, white phosphorous rockets, 
and other munitions having been shipped from CNWS in June 1985. I had 
learned of substantial bombings of El Salvadoran civilians while in El 
Salvador and an item in the July 1987 Harper's magazine indicated that 230 
El Salvadoran villages had been bombed or strafed by the Salvadoran Air 
Force in 1986. Furthermore, I had spent time with Eugene Hasenfus while he 
was incarcerated in Nicaragua and learned of the air drop routes of U.S. 
military supplies from bases in El Salvador to their ultimate destination 
to Contras in Nicaragua. We had plenty of reason to ask that the CNWS 
exercise their duty to uphold the law and refrain from any further shipment 
of munitions directed toward Central America where thousands of civilians 
were being maimed and murdered.
We were committed to a sustained presence at CNWS, using nonviolent 
attitudes and actions in making our case that the movement of the munitions 
was in furtherance of the violations of International, domestic and 
Constitutional Law in the killing and maiming of civilians in Central 
America and the invasion of sovereignty of nations.
Our government remained in defiance of an order of the World Court. In 
effect, we decided to invoke the Nuremberg Principles which imposes a duty 
upon all citizens, whether civilian or military or other government 
employees, to uphold the law. Furthermore, under Nuremberg, complicity 
continues the crime and the citizen has a duty to make known the violations 
of law committed by his or her government and to do everything reasonable 
to stop those violations from continuing--even when ordered otherwise by a 
superior. We desired to uphold the law.
Utilizing the philosophy of nonviolence, we believe in open communications 
with all people, including officials, about our activities. We believe in 
not directing any ill will toward any persons, no matter what the 
circumstances. We detest the violent actions of people, but express our 
respect and love for the soul and humanity of every person. We believe that 
we must never inflict violence on another person, but, instead, will 
receive their violence in the process of seeking transformation of the 
violent heart. We believe in active nonviolence where we must place our 
bodies between the bombs and their intended victims elsewhere. We developed 
a "Covenant of Nonviolence: Nuremberg Actions--Concord."
We began our sustained presence on June 10, 1987, and everyone who desired 
to participate was required to experience several hours of nonviolent 
training. Participation at CNWS consisted in vigiling, blocking trucks, and 
providing various support services for the vigilers and blockers. The 
presence continued throughout the summer, always at the same location on 
the Port Chicago side of the public highway in the area where the munitions 
trains cross the highway from the Weapons Station. There was nearly always 
one or more, sometimes a couple of dozen, persons present during daylight 
hours from June 10 to September 1. Occasionally participants in the 
Nuremberg Actions would place their bodies in front of munitions trucks. 
Each participant would have previously received nonviolent training. The 
main gate personnel would have been notified in advance of the plan, 
consistent with our philosophy of open communication. The blockers would 
either be arrested or moved out of the way by law enforcement officers. On 
one occasion, a lone individual apparently did stand on the tracks in view 
of a moving munitions train. The train stopped before striking the 
individual. The individual was removed.
Preparation for the 40-Day Water-Only Veterans/Citizens Fast For Life and 
Peace On The Railroad Tracks Commencing September 1, 1987
I decided during the summer that I would escalate my own participation in 
Nuremberg Actions by commencing a 40-day water-only fast on September 1, 
1987. This would be conducted on the railroad tracks themselves in an 
attempt to block movement of munitions trains every day for that 40-day 
period. Others were invited to join and several persons agreed to 
participate. September 1 was the one-year anniversary of the Veterans Fast 
For Life that I had participated in on the Capitol steps in Washington, 
D.C. Duncan Murphy, a World War II veteran participant in the 1986 fast, 
also agreed to be part of the 40-day fast on the tracks.
We would fast on the tracks adjacent to the location where the Nuremberg 
presence had occurred since June 10. No surprise locations were desired. We 
had examined the history of people blocking trains and had concluded that 
certainly they would stop if notified in advance of our action. We had 
looked at pictures of other train blockades and the trains always had stopped.
In preparing for the 40-day water-only fast I volunteered for a physical 
examination with a medical doctor who in turn was planning to monitor my 
condition throughout the fast to warn me of any complications that might 
arise suggesting I prematurely end the fast. I also expected to spend some 
or most of the 40 days in jail and had briefed the doctor on my need for 
potassium supplements during the fast to protect nutrition of the heart and 
asked that he talk to the jailers about the importance of my receiving 
these supplements.
The plan to fast on the tracks was freely discussed with many people and on 
August 21, 1987, I sent a letter to Commander Lonnie Cagle of CNWS, 
explaining in detail the nature and philosophy of the September 1 plans 
that would last for at least 40 days. Copies of that letter were sent to 
the Contra Costa Sheriff, the Concord Police Department, the California 
Highway Patrol, and a number of other elected officials, including Rep. 
Boxer and Miller of this panel today.
On Friday, August 28, 1987, the Contra Costa Times printed an article on 
page 5A, "Peace Group Sets Arms Blockade: Will Block Weapons Hauls At 
Concord Naval Station" where it is reported that we are "expected to start 
blocking trains Tuesday morning" (Sept. 1). The Contra Costa Times is the 
daily newspaper of the area in which the CNWS is located.
On September 1 we planned a worship service on the tracks prior to a press 
conference announcing the formal launching of the fast and the train 
blockades. Having never been arrested or jailed before, I was a bit 
anxious. I was concerned about the fact that as the fast progressed, I 
might be hurt in the arresting process by officers removing me from the 
tracks repeatedly. Fasting on the Capitol steps seemed easy in comparison 
to fasting on tracks attempting to block munitions trains subjecting myself 
to continual arrests.
On the morning of Tuesday, September 1, Holley, my wife, and Gabriel, my 
stepson, drove to CNWS with fellow faster Duncan Murphy and another friend 
in time for the worship service we had planned. Shortly after arrival, 
standing at the location of the summer-long Nuremberg Actions and near 
where the fast on the tracks was to begin in about an hour and a half, I 
remembered seeing my friend Michael Kroll drive up to be part of the 
morning events. Two photographer friends and a videographer friend were 
present to record the worship service, press conference, blocking action 
and anticipated arrests. Gabriel was going to witness his stepdad's first 
likely arrest. I greeted Michael Kroll as he arrived at our site after 
parking his car.
The next thing I remember is hearing a male voice speaking into my right 
ear saying: "You are in the John Muir Hospital in Walnut Creek and you were 
run over by the train." It was several days later now and I remember 
thinking, "You must be kidding. They wouldn't run over me."
I have what the doctors call regional amnesia. Though I'm told that I was 
conscious the entire time prior to and after being struck by the train 
except for the time in the hospital under anesthesia during surgery, I have 
no memory of an approximate two-day period. Though receiving a serious blow 
to the head, I suffer from no brain damage. I will need a subsequent 
operation to place a protective material over the hole in my skull to 
safeguard the brain from further potential penetrations in the area of the 
current skull opening.
My left ear was severed but was replaced during surgery. My right shoulder 
blade and right wrist were cracked. My right kidney was severely bruised. I 
experienced many skin lacerations and bruises. As you know both my legs 
were amputated below the knee, requiring me to learn to walk on artificial 
legs, or prostheses. The biggest challenge is learning to walk safely.
I am excited to be alive to be here talking with you today. However, I am 
deeply concerned about the trauma my stepson experiences from having 
witnessed the violent and egregious act of the locomotive running me down 
as two members of the train crew stood on the front of the engine and as 
nearly 40 participants of Nuremberg Actions looked on with horror. One of 
those 40 was also my wife, Holley, who has also experienced tremendous 
stress since the tragedy. She literally saved my life by stopping the 
bleeding while a Navy ambulance team refused to help in either first aid or 
transport to a hospital. A Navy fire department crew did administer minor 
assistance awaiting arrival of a county ambulance.
I remain ever more committed in my resolve to wage unconditional peace, 
nonviolently, with my life. There is no higher value or goal than peace 
with justice for all of humanity. Being a citizen of the United States, 
aware of the tremendous number of lives being maimed and murdered, or 
threatened with same, places a duty upon me to uphold not only 
international law, but fundamental standards of justice and fairness 
required by our tradition and Constitution. I choose to be a citizen 
promoting decency and not barbarity, lawfulness and not lawlessness, and 
dignified and not diabolical behavior.
Summary
1.Nonviolent resistance and dissent are a traditional method for expressing 
outrage and opposition to illegal and immoral governmental policies in the 
United States. Dissent is a cherished right.
2. The United States is violating a number of international and domestic 
laws and Constitutional provisions in its militarization of Central 
America--funding the equivalent of terrorism with the Contras in Nicaragua 
and Honduras and death squads in El Salvador and Guatemala.
3. The ultimate authority in a democracy is WE THE PEOPLE. The government 
of the United States is violating its own Supreme Law. That leaves the 
people as the ultimate enforcer of law and morality.
4. The Nuremberg Principles are part of the body of law of the United 
States that require individual responsibility and duty to uphold the law 
even if superiors do not.
5. Nuremberg Actions--Concord Campaign is a citizen's effort invoking the 
Nuremberg Principles, upholding international law by stopping the movement 
of munitions that are in furtherance of a U.S. policy violating 
international law and our own Constitution.
6. Nuremberg Actions--Concord Campaign is committed to nonviolence in 
spirit, attitude and action. Everything is done openly and with efforts to 
respect all human beings, no matter the circumstances.
7. The action commencing on September 1, 1987 was in furtherance of 
exercising a duty of citizenship according to the above ideas.

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