Shake & Bake: Dual-Use Chemicals, Contexts, and the Illegality of American White Phosphorus Attacks in Iraq

[Excerpt] “On November 29, 2005, in a Department of Defense press conference with Secretary of Defense Donald Rumsfeld and Gen. Peter Pace, Chairman of the Joint Chiefs of Staff, General Pace stated that white phosphorus “is a legitimate tool of the military,” and can be used for illumination, smoke, and incendiary purposes. Incredibly, the Department of Defense released an addendum to the press conference clarifying that white phosphorus was not used as an incendiary weapon. According to General Pace, “it was well within the law of war to use white phosphorus . . . for marking and screening.” This was the last official statement on white phosphorus. The chemical’s legality as an anti-personnel weapon within the laws of war or the Chemical Weapons Convention was not discussed. Despite the Pentagon’s claim that white phosphorus has only been used for legitimate purposes (illumination and smoke) in Iraq, there have been numerous allegations and accounts by members of the U.S. military, war correspondents, and Iraqi civilians that white phosphorus has been used as an anti-personnel weapon against Iraqi combatants and civilians within urban areas. This note examines: (1) “Shake & Bake”: the use of white phosphorus to flush out combatants from fortified positions so they can be killed with conventional munitions; (2) the direct use of white phosphorus illumination mortars against human targets; and (3) the use of improvised phosphorus bombs to clear insurgents out of buildings. White phosphorus is an example of a “dual-use” chemical. As with most dual-use chemicals, there are lawful and prohibited purposes. It is an especially legally precarious chemical because there are both legitimate and potentially improper military purposes. Peter Kaiser, spokesman for the Organization for the Prohibition of Chemical Weapons (OPCW) (the international body responsible for implementation of the Chemical Weapons Convention) has described the prohibited uses of white phosphorus as those military purposes that are dependent on the chemical’s toxicity. Thus, the central question of this article asks whether the legality of the United States’ intended use of anti-personnel white phosphorus depends on the chemical’s toxic properties. This note analyzes the legal implications of the cited examples of white phosphorus use by looking at the following: (1) general principles of international humanitarian law and the necessity defense, (2) the Zyklon B case, and (3) the Chemical Weapons Convention and the Chemical Weapons Convention Implementation Act of 1998.

Jet hadronization at LHCb

In high energy proton-proton collisions, collimated sprays of particles, called jets, result from hard scattered quarks or gluons. Jets are copiously produced in these collisions; however, the dynamic process through which quarks and gluons, collectively referred to as partons, become bound state hadrons is still not well understood. Jets provide an excellent tool to study this process as they are proxies for the scattered parton; therefore, final-state hadrons can be measured with respect to an observable that is correlated to the scattered parton. The LHCb experiment is in an excellent position to measure hadrons within jets due to its excellent tracking and particle-identification capabilities. In this talk, new measurements of charged hadrons within jets measured opposite a $Z$ boson will be presented from the LHCb collaboration.Comment: on behalf of the LHCb collaboration. Proceedings for the 13th International Workshop on High-pT Physics in the RHIC/LHC Er

Against Imperialism in Legal Concepts

The authority of government—and that of its politicians, judges, regulators, and other specific authorities—continues to grow more imperialistic. This is partly due to the imperialism of legal concepts as facilitated by Wittgenstein’s famously non-essentialist treatment of concepts through family resemblance theory. Although non-essentialism or anti-essentialism can be highly valuable in forming religious and literary concepts, and in describing the sometimes incoherent everyday usage of concepts and terms, all legal concepts should be scientific-style essentialist concepts. Such essentialism combats the broad discretion granted and obscured by non-essentialist approaches that allow concepts to absorb contradictory elements and harmfully hold them together, thus allowing legal authorities to choose from among only those elements that suit their purposes in any given case. Instead of arguing for the total exclusion of family resemblance and similar theories from use in legal concepts, I argue for translating non-essentialist concepts into essentialist ones while still using the former’s theory forms. Precise essentialist concepts, with core and non-contradictory properties clearly delineated, are necessary for maximizing the rational and moral legitimacy of law, which coercively regulates the behavior of ordinary citizens at the command of political and legal authorities. Legal rules and commands must be as clear and consistent as reasonably possible not only for optimal rationality and morality, but also for legitimacy in the eyes of those subject to law. This is especially important in an increasingly diverse society of incompatible perspectives and decreasing conscious and unconscious adherence to the Anglo-American legal tradition

Control of Nucleotide Metabolism and Ribosomal Ribonucleic Acid Synthesis During Nitrogen Starvation of \u3cem\u3eEscherichia coli\u3c/em\u3e

Ribosomal ribonucleic acid (RNA) synthesis and ribonucleoside triphosphate metabolism were studied in cultures of Escherichia coli subjected to starvation for inorganic nitrogen. In a strain that was under stringent control, a 50-fold reduction in the formation of both 16S and 23S RNA was accompanied by a severe restriction on nucleotide biosynthesis. These inhibitions were relieved in part by incubating the starved cells with amino acids. This result suggests that regulation by the functional RNA control (RC) gene is involved in the effect. This suggestion was confirmed by showing that the effector of the stringent response, guanosine-5′-diphosphate-2′- or 3′-diphosphate (ppGpp), accumulated at the onset of starvation and disappeared immediately when the amino acids were added. Ribosomal RNA synthesis was severely restricted and the same nucleotide, ppGpp, accumulated at the onset of nitrogen starvation of a relaxed mutant too. These findings suggest that a control mechanism other than the one provided by the functional rel gene might operate to regulate RNA synthesis and that this mechanism is expressed through the synthesis of ppGpp