Resolution on weapons of mass destruction in the Netherlands

18 december 2002

The Platform Against the 'New War'

Recalling all previous attempts to get information regarding the deployment of US nuclear weapons in the Netherlands, in particular numerous questions put to the Dutch government by Members of Parliament as well as ordinary citizens.

Recalling also numerous citizen inspections carried out at Air Force Base Volkel over the last five years and the evidence collected during these inspections,

Recognizing the threat the United States' non-compliance with binding international law and continuing deployment of weapons of mass destruction poses to international peace and security,

Recalling that the Nuremberg Principles authorise every citizen to use all necessary means to prevent the commission of war crimes, crimes against humanity and genocide,

Further recalling that the Non Proliferation Treaty, as signed by the United States, imposes obligations on all nuclear weapons states, including the United States, to take at an early date all necessary steps for achievement of its stated objective of total nuclear disarmament,

Deploring the fact that the United States has not provided an accurate, full final, and complete disclosure, required as a first step to disarmament and democratic decision-making, of all aspects of its deployment of weapons of mass destruction in the Netherlands.

Deploring further that the United States, in cooperation with allied governments such as that of the Netherlands, repeatedly obstructed immediate, unconditional and unrestricted access to sites, which are under the suspicion of containing nuclear weapons and, from the beginning, failed to cooperate fully and unconditionally with citizen weapons inspectors, as required by binding regulations of international law,

Deploring the absence, since 1960, at Volkel of international monitoring, inspection, and verification, as required by binding regulations of international law, of weapons of mass destruction, in spite of repeated demands by citizens that the United States provide immediate, unconditional, and unrestricted access to citizens weapon inspectors,

Determined to ensure full and immediate compliance by the United States without conditions or restrictions with its obligations under international law,

Recalling that the effective operation of citizen weapons inspectors, in the absence of openness by the governments of the United States and The Netherlands, is essential for the implementation of the Non-Proliferation Treaty and other relevant regulations of international law,

Deploring the fact that until now openness about the deployment of United States weapons of mass destruction in the Netherlands, as a necessary first step toward rectifying the United States' continued failure to comply with binding regulations of international law, has not been given,

Determined to secure full compliance with its decisions,

Acting under international law, particularly the Nuremberg Charter,

1. Decides that the United States have been and remain in material breach of their obligations under relevant regulations of international law, including the Non-Proliferation Treaty, the UN Charter and the Nuremberg Charter, in particular through the United States' failure to disarm its arsenal of weapons of mass destruction in total and without delay, and to cooperate with citizen weapons inspectors;

2. Decides, while acknowledging paragraph 1 above, to afford the United States, by this resolution, a final opportunity to comply with its disarmament obligations under relevant regulations of international law; and accordingly decides to set up an inspection regime with the aim of bringing to full and verified completion the disarmament process, with openness about the deployment of United States weapons of mass destruction in the Netherlands as a necessary first step;

3. Decides that, in order to begin to comply with its disarmament obligations, the Government of the United States, as represented by the United States Embassy in the Netherlands, shall provide to the public, as represented by the Platform Against the 'New War', not later than 3 January 2003 at 14.00 hours, a currently accurate, full, and complete declaration of all aspects of its deployment of weapons of mass destruction in The Netherlands;

4. Decides that false statements or omissions in the declarations submitted by the United States pursuant to this resolution and failure by the United States at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of the United States' obligations;

5. Decides that the United States shall provide citizen weapons inspectors immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect, as well as immediate, unimpeded, unrestricted, and private access to all officials and other persons whom the citizens weapons inspectors wish to interview in the mode or location of the citizens weapons inspectors choice pursuant to any aspect of their mandates; and requests citizen weapons inspectors to resume inspections no later than 18 January 2003;

6. Decides further that, in view of the continuing obstruction by the United States and the Netherlands of the presence of citizen weapons inspectors and in order for them to accomplish the tasks set forth in this resolution and all relevant regulations of international law, the Platform Against the 'New War' hereby establishes the following revised or additional authorities, which shall be binding upon the United States and the Netherlands, to facilitate their work in Iraq:

-- the citizen weapons inspectors shall have unrestricted rights of entry into and out of the Netherlands, the right to free, unrestricted, and immediate movement to and from inspection sites, and the right to inspect any sites and buildings;

-- the citizen weapons inspectors shall have the right to be provided by the United States the names of all personnel currently and formerly associated with the United States' chemical, biological, nuclear, and ballistic missile programmes and the associated research, development, and production facilities;

-- the citizen weapons inspectors shall have the right to declare, for the purposes of freezing a site to be inspected, exclusion zones, including surrounding areas and transit corridors, in which the United States and the Netherlands will suspend ground and aerial movement so that nothing is changed in or taken out of a site being inspected;

-- the citizen weapons inspectors shall have the right at their sole discretion verifiably to remove, destroy, or render harmless all prohibited weapons, subsystems, components, records, materials, and other related items, and the right to impound or close any facilities or equipment for the production thereof; and

-- the citizen weapon inspectors shall have the right to free import and use of equipment or materials for inspections and to seize and export any equipment, materials, or documents taken during inspections, without search of the citizen weapons inspectors or of their baggage;

7. Decides further that the United States and the Netherlands shall not take or threaten hostile acts, including arrests and criminal prosecution, directed against any citizen weapons inspectors taking action to uphold this resolution or relevant regulations of international law;

8. Requests the US Ambassador in the Netherlands immediately to notify his government of this resolution, which is binding on the United States and on The Netherlans; demands that the United States confirm within seven days of that notification its intention to comply fully with this resolution; and demands further that the United States and the Netherlands cooperate immediately, unconditionally, and actively with the citizens weapons inspectors;

9. Warns the United States that it will face serious consequences if it persists in its continued violations of its obligations;

10. Decides to remain seized of the matter.

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