On 17 January 2009, after Israeli bombs had rained on Gaza for three weeks, six people broke into the EDO/ITT factory in Brighton and allegedly caused hundreds of thousands of pounds worth of damage in an attempt to put the production line out of action. EDO/ITT makes components for bomb racks and missiles for F-16 and other weapons used by the Israeli army in its massacre in Gaza.

Before entering the factory, the 'decommissioners' recorded videos of their motives for the action: to prevent the production and export of weapons that could be used by Israel in war crimes in Gaza. The decommissioners defence is that their actions were legally justified as they were acting to prevent a greater crime.

There is a history of juries finding anti-war activists who have attack machinery used in war crimes not guilty. In 1996, four women from Trident Ploughshares decommissioned a Hawk jet that was about to be shipped to Indonesia. They were found not guilty. In 2008, the Raytheon 9, who damaged a factory in Derry supplying weapons to Israel during the 2006 Lebanon war, were also unanimously acquitted by a jury.

However, the state seems to be keen on stymieing the use of such defences. After their acquittal last year, six Greenpeace activists who had attempted to daub a protest message on the smokestack of Kingsnorth coal-fired power station in Kent, the Guardian reported that the “attorney general is considering using her power to refer cases to the court of appeal to 'clarify a point of law'. It is believed to be an attempt to limit the circumstances in which protesters could rely on 'lawful excuse'.” Despite these ominous rumblings, there have been no further moves by the government as yet.

In the case of the EDO Decommissioners, who have been charged with conspiracy to cause criminal damage, the CPS sought to obtain a ruling that a judge, and not the jury, would determine whether their actions were legally justified. However, at a hearing in March 2010, Judge Kemp ruled that this was an issue which could only be decided by the jury.

EDO/ITT, and ITT Corporation as a whole, supply military components for the VER-2, the main bomb rack for Israel's F-16s. Israel has received hundreds of F-16 fighter planes under the 'Peace Marble' deal with the USA, which dates back to the 1970s. EDO/ITT owns the patents for several parts for the VER-2, including the ERU-151 (see ) and the Zero Retention Force Arming Unit (see here). ITT also manufactures the ESTER bomb rack, which is used on the F-16 (see ).

During Operation Cast Lead, Israel's codename for the Gaza massacre, F-16s were used in countless attacks. The attacks undoubtedly breached international law. For example, the attack on the Al-Daya family house in Gaza city by an F-16 on 6th January 2009, which killed 22 people including 10 children, constituted a violation of international covenants, according to the UN's fact finding mission.

For more information, see http://smashedo.org.uk and http://decommissioners.co.uk.