[Date Prev][Date Next][Date Index]
INKYTEXT 293
_ _ __ ______
(_) ____ / /__ __ __ / /_ ___ _ __ /_ __/
/ / / __ \ / //_/ / / / / / __/ / _ \ | |/_/ / /
/ / / / / / / ,< / /_/ / / /_ / __/ _> < / /
/_/ /_/ /_/ /_/|_| \__, / \__/ \___/ /_/|_| /_/
/____/
DEATH OF PROFESSOR ALAN WELLBURN
Issue No 293 Monday 10 May 1999
------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
Editorial correspondence should be sent to InkyText@lancaster.ac.uk
Subscription requests to Inkytext-distribution-request@lists.lancaster.ac.uk
------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
AGENDA
Minutes, Amendments, Matters arising
1. News: Death of Professor Wellburn, Local Elections, Campus councillors,
New Health Centre, Corporate Plan, Salaries.
2. 'Kosovo and Legal Issues' by Professor Peter Rowe.
3. Small Ads: House for sale, Accommodation wanted, Cars, Concert, Spotlight
Club, Charity Walk, Fairfield Project, Cleaning work wanted, Mountain
Bike frame, Loan of lockers urgently needed, Sale of photographic equipment.
4. 'Risk Assessment of an Attack on the Vincna Institute' by Prof Terry Sloan
1. NEWS
-------
PROFESSOR ALAN WELLBURN died in St John's Hospice on Saturday 8th May,
after a very long illness borne with the greatest fortitude. He leaves
his widow, Florence, his son Richard, and his daughter Victoria, to all
of whom, as to his colleagues and friends, we extend every sympathy.
His first grandchild was due to be born on the very date he died.
Professor Wellburn, a member of Lancaster's Biological Sciences
department for 33 years, was one of the world's leading authorities on
plant biochemistry. He made an incontestably enormous contribution to
our understanding of the impact of global climate change on plant
metabolism. He was also largely responsible for the establishment of
many of our nationally admired biochemistry courses.
His funeral will take place in Leck, where he was a churchwarden, on
Friday 14th May at 2.00 p.m. Family flowers only please. (These will
include varieties on which Professor Wellburn based his studies,
including the flowering chestnut above the cricket pitch.) Donations in
lieu may be made to St John's Hospice, and should be sent to Mrs Elaine
Martin, head of department's secretary in IEBS.
LANCASTER CITY COUNCIL now has no overall majority and at least 5
substantial 'party' groupings. There is little sign that a durable or
stable majority coalition of 3 parties will be easy to form. The new
and articulate Green presence is likely to have very significant impact
on planning applications (including our own) and transport policy.
FORMER COUNCIL LEADER STANLEY HENIG bravely concealed his deep
disappointment during the count on Thursday, where it soon became clear
that not only had Labour lost Castle ward but his own personal vote was
over 300 below that of the two other Labour candidates. This does seem
to imply a conscious wish on the part of some of the electorate to
express disapproval of the outgoing administration and council
leadership. Professor Henig, former Lancaster politics lecturer and
Lancaster's MP from 1966 to 1970, retired from the chair of European
Studies at the University of Central Lancs to devote himself to local
government.
NEW CAMPUS COUNCILLORS include Tony Pinkney (English, Green), Emily
Heath (Env Sci, Green), Jon Barry (Maths and Stats, Green) and John
Gilbert (LibDem, Maths and Stats). Congratulations to all
NEWS OF THE PROPOSED NEW HEALTH CENTRE to be built on currently wooded
land near the Pre-School Centre, appeared in Friday's Lancaster
Guardian, a reminder of how woefully inadequate official information
provision still is. As with the proposed sale of the sports fields,
most memebrs of the University only heard of this once planning
permission was applied for. There is an urgent need for the prompt
publication of Estates Committee papers and Minutes on the Web.
DRAFT 4 OF THE CORPORATE PLAN, still incomplete and waaaaaay behind
schedule, is now on the Web. See what it now says about your department
in Section 6 (major improvements thanks to positive work by the Deans).
The plan was considered by Finance on Thursday and APC on Friday.
Addressing the alleged income gap remains an issue. Not sure I agree
with the premises asserted at the start of the Estates section either.
SALARIES: Somewhat belatedly, the local AUT has sent out a response to
the VC's letter in which he urged acceptance of the 3.5 percent salary
offer. Results of the ballot are due shortly.
2. KOSOVO AND LEGAL ISSUES BY PROFESSOR PETER ROWE
--------------------------------------------------
[NOTE: Professor Rowe, Head of the Law Department, is an international
authority on the laws of war and the Geneva Convention. (Ed.)]
You invited comment from me on the legal issues relating to the
conduct of the 'war' in Yugoslavia. I have set out some relevant issues
below with a legal analysis. I have deliberately not expressed my view
as to the legality of any particular issue since I believe it unsound
to do so unless the facts are established. During the currency of any
'war' this is often difficult to achieve.
1. Is this a 'war'?
'War' has a specific legal meaning. It comes into existence
once war has been declared. This has not been the practice of States
since World War II. It has consequences in international and national
law, which States may be reluctant to bring about. The modern law of
war (or international humanitarian law) comes into existence once
there is an armed conflict between States or a declaration of war or
the occupation of territory (Geneva Conventions 1949).
It will therefore be noted that once a factual 'armed conflict'
between (or among) States exists all the laws of war come into
operation, whether there has been a declaration of war or not. The term
'war' may be used loosely but it has no legal significance in the
absence of such a declaration. There has been no such declaration in
the present conflict and one is not to be expected.
2. Is there an 'armed conflict' between States?
There clearly is an armed conflict occurring in the former Yugoslavia.
The commentary on the Geneva Conventions 1949 ( written by Jean Pictet)
decribes an armed conflict as 'any difference arising between two
States and leading to the intervention of armed forces.'
In fact there are two armed conflicts (at least). One is an
international armed conflict (NATOagainst Yugoslavia), the other, a
non-international armed conflict (between Yugoslavia and the KLA).
Different rules apply to each type, of which more below.
3. Who are the parties to this international armed conflict?
We hear about NATO action against Yugoslavia. NATO is not, however, a
State. It has legal personality for certain purposes (eg hiring local
workers and maintaining its HQ) but in this connection it is acting as
a collective body for its constituent members. There is, in my view,
therefore an armed conflict between each individual member State of
NATO contributing to the air campaign and Yugoslavia. The effect is to
bring into existence the laws of war applicable in an international
armed conflict, i.e. the 4 Geneva Conventions of 1949 and their
Additional Protocol of 1977, along with such treaties as the Geneva Gas
Protocol of 1925 (prohibiting the use in war of 'asphyxiating,
poisonous or other gases and all analogous liquids, materials or
devices').
4. What law applies to a non-international armed conflict?
As mentioned above, the armed conflict between Yugoslavia and the KLA
may be considered as a non-international armed conflict (although the
involvement of NATO forces might be argued to convert it into an
international armed conflict).
In a non-international armed conflict the national law of Yugoslavia
applies. KLA fighters may, in theory, be arrested and charged with a
wide variety of offences against the Yugoslav Penal Code. Added to this
is a very sparse body of international law, principally concerned with
protecting those taking no part in the conflict (Article 3 to the
Geneva Conventions 1949 and Protocol II of 1977, to both of which
Yugoslavia is a High Contracting Party).
5. Were the 3 US soldiers prisoners of war?
Yes. Since the Geneva Conventions apply the 3 US soldiers were
entitled to the protection of Geneva Convention III (dealing with
prisoners of war) of 1949. The details of the treatment to which they
were entitled is set out in that Convention. Of particular relevance is
that they were entitled to give only their name, date of birth, rank,
number and to be kept in a place other than a civilian prison. There
was some speculation that:
(i) they could be placed on trial as spies;
(ii) they could be tried for criminal offences, such as crossing the
border illegally.
Neither of these has any legal foundation. A spy is someone who 'acts
clandestinely or on false pretences...to obtain information...with the
intention of communicating it to the hostile party,' (Hague Convention
1907). The soldiers were at all times in uniform (so far as I am aware)
and it could hardly be said that they therefore acted 'clandestinely or
on false pretences'. During an international armed conflict a member of
the armed forces of an enemy State is not subject to the domestic (in
this case, Yugoslavian) law. The 3 soldiers were not therefore subject
to the law of Yugoslavia.
The Yugoslavian officer captured by US forces was, likewise, a
prisoner of war. In this case the US authorities, acting within Geneva
Convention III, permitted the International Committee of the Red Cross
to visit him. So far as I know the Yugoslavian authorities did not
permit such a visit to the 3 US soldiers.
Normally prisoners of war are released and repatriated at the
'cessation of active hostilities,' (Article 118, Geneva Convention
III). The 3 US prisoners of war were released this week. There are
precedents for doing this in the Falklands war of 1982.
5. What does the international law of war say about aerial bombing?
The first important point here is that aerial bombing in WWII is no
longer of legal significance. Additional Protocol I (1977) to the
Geneva Conventions sets out detailed rules about this. All NATO States
and Yugoslavia are parties to this Protocol (except the US). The
non-ratification by the US is not legally significant here since the
important rules reflect customary international law, to which all
States are bound.
Art 48 provides that Parties are to direct their atttacks 'only
against military objectives' and Art 52 goes on to define a military
objective. It is limited to 'those objects which by their nature,
location, purpose or use make an effective contribution to military
action and whose total or partial destruction, capture or
neutralisation, in the circumstances ruling at the time, offers a
definite military advantage.'
Notice that the definition includes the 'use' of an object. A school
or university could therefore be a military objective if it is used in
such a way as to make an effective contribution to military action.
6. What about bombing that kills civilians?
To target civilians as such would be clearly contrary to Additional
Protocol I (arts. 48, 51) and to attack civilian objects (not
'objectives') would contravene art. 52. A civilian object is anything
other than a military objective. To attack a military objective (as
defined above) so that civilians are killed may or may not be contrary
to the Protocol.
Non-lawyers use the term 'collateral damage' to refer to the
consequence of killing civilians or destroying civilian objects as a
consequence of attacking a military objective. What is prohibited is an
indiscriminate attack. This is defined as 'an attack which may be
expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof, which
would be excessive in relation to the concrete and direct military
advantage anticipated,' art 51(5)(b).
There are some important concepts contained within this definition,
which attempts to do what many might consider to be extremely
difficult, namely, to weigh up the value of the destruction etc of a
military objective against the loss of civilian life etc. Where it is
expected that injury to civilians etc will be excessive the attack, if
carried through, will be indiscriminate and therefore unlawful. In
order to come to a judgment about any of the attacks we need to know
(i) what was the military objective (as defined above)?
(ii) what was the 'expected' loss of civilian life?
(iii) was (ii) excessive in relation to (i)?
7. What are war crimes?
These are any breach of the laws of war, whether contained in treaty
or under customary international law. The main categories existing at
the moment are (i) genocide, (ii) grave breaches of the Geneva
Conventions 1949, (iii) crimes against humanity (iv) breaches of the
laws or customs of war.
Individuals may be liable for such breaches before an international
(or, in some cases) a national court. Each of these terms has a
specific legal meaning. It must do since individuals may be placed on
trial for alleged breaches.
Genocide is not, for instance, doing something we might deplore
against the civilian population. It involves an act 'with intent to
destroy, in whole or in part, a national, ethnical, racial or religious
group, as such [by] killing members of the group, causing serious
bodily or mental harm...(Genocide Convention 1948). Similarly, crimes
against humanity are defined in the Statute of the Tribunal.
7. Does any international court currently have jurisdiction to try
alleged war crimes?
Yes. The International Tribunal for the Former Yugoslavia was
established by a UN Security Council Resolution in 1993. Art 1 provides
that the Tribunal shall 'have the power to prosecute persons
responsible for serious violations of international humanitarian law
[laws of war] committed in the territory of the former Yugoslavia since
1991.' This clearly includes acts committed in Kosovo. It can try any
of the offences listed in (i) to (iv) above. It is no defence to claim
superior orders or being a head of State or of government (art.7 of the
Statute of the Tribunal).
One important limitation is that an accused person may not be tried in
his absence (art.21, although he may be indicted). Ensuring the arrest
of alleged war criminals has often been difficult. Breaches of the law
or customs of war (see point (iv) in the preceeding paragraph) may be
committed even in a non-international armed conflict.
8. Does the International Criminal Court have jurisdiction?
No, not yet. The ICC was established by the Rome Statute of 1998. It
will not come into existence until 60 States have ratified (or
otherwise have become Parties to) it.
3. SMALL ADS
------------
LOAN OF LOCKERS WANTED: We are first year Theatre Studies students
looking for two or three large lockers, that with a little mutilation
could fit a person inside. Obviously these lockers would be returned if
necessary but in very very poor condition. We need these lockers by
weds 12th May 1999. Claire Crawford and Sakina Karinjee. Contact:
X52925 or at claire_crawford@hotmail.com
---------------
HOUSE FOR SALE Lancaster. Close to Williamson Park with view over
Morecambe Bay. 10/15 min drive from University, 10 min drive from
motorway, 15-20 min walk from bus and rail stations. 2 reception, 2
beds, kitchen,bathroom, utility, shower room/toilet. Gas central
heating. 2 phone lines. In good decorative order. Easily managed
garden. Could if wished be used as 2 flatlets. Offers in the region of
44,950. Tel 017683 61246. email rstevens@s-bit.u-net.com
POSSIBILITY OF RENTING on short term basis to staff or postgrads -
non-smokers, refs required. 350 GBP house; 250 GBP one flatlet.
----------------
''... your sweetest notes employ..."
A concert of church music by the
Lancaster Priory Choir and the Rushley Singers
Saturday 15th May
7.30 p.m.
Lancaster Priory
Programme includes:
Handel Zadok the priest
Gibbons This is the record of John
Schubert Mass in G major
and anthems by Campbell, Lindley, Stanford, Walton, Finzi, Taverner
and Britten. Programmes 4.00 (3.00) available from choir members, at
the Priory and on the door. A donation from the proceeds of this
concert will be made to Cancer Care.
--------------------
FOR SALE: ROVER 216i (T-Bar) COUPE, M Reg (1994). Excellent condition,
full service history, 31,000 miles, recently serviced, taxed and
tested, 4 brand new tyres, metalic platinum silver, part walnut dash,
black cloth interior. Factory-fitted alarm and immobiliser. Two careful
lady owners. 7,200 ONO Extension: 594177 (day) Telephone: (01524)
410667 (evening) or Contact: c.odonnell@lancaster.ac.uk
--------
FOR SALE: HONDA (VF 500 FII), C Reg. Good Condition, 26,000 miles,
long MOT, red, white and blue. 1700. Contact: 01524 421408 (after
7pm).
-----------
SPOTLIGHT CLUB FOR MAY @ THE YORKSHIRE HOUSE
Word about the Spotlight Club is spreading... and guest writers are
travelling from further and further afield for the monthly cabaret of
words and music at the Yorkshire House. Talented performers lined up
for Friday 21st May include:
St Helens-based poet and landscape gardener Dave Patten, invited back
after his successful open mike debut.
Southampton writer Mark Syred, whose easy conversational style makes
for great listening, with his latest short story.
Toronto-born prize winning poet Mary Winter. Now married to an
Englishman and living locally, Mary writes from the point of view of an
outsider in Britain. Her work recently gained her first prize in the
Envoi magazine competition.
Humourist Ken Walton, whose recent account of the dangers of being
attacked by the Millennium bug brought the house down, and who returns
by popular demand.
Music will be provided by two of the finest guitarists in the area.
Singer songwriter Paddy Garrigan will take the first spot, with
virtuoso stylist Den Hardy providing the finale.
The night begins with open mike spots for new performers - five
minutes at the mike to do your stuff. Read a poem, sing a song, tell a
joke - the floor is yours between 9 and 9.30 pm. And you get in free if
you've got the nerve to do a turn.
If you want more info on Spotlight please phone 01524 62166 or 01524
847240.
Doors Open: 9.00 p.m.
Tickets: On the door. 3.00/1.50 (concs).
Free admission for performers.
----------------
HOUSE TO RENT in Willow Lane, Lancaster: pleasant house to let for
staff or students. Available from 1st AUGUST 1999. Ideal for 4 people
at 120 pounds pp pcm. Fully furnished. GCH. Washing m/c etc. Small
gardens. Very convenient for city centre and bus/train station but near
open countryside. Easy parking. Please telephone Lancaster 32670.
---------------
FOR SALE: VW POLO 'TWIST': F reg 1988, estate car, one family from
new. 1043cc qualifies for road tax reduction. 98,000 miles taxed and
tested until July. 1200 pounds. Contact Alison or Paul on 848487 or
email: paul@comp.lancs.ac.uk
--------------
RELIABLE CLEANER requires private houses to clean. Rates negotiable.
Tel. 0374 288658.
--------------
SHORT TERM ACCOMMODATION WANTED: I am a PhD student who is close to
completion but needs those two extra months to get everything ready to
hand in. Trouble is, I have to move out of my flat very soon! If anyone
has a nice, quiet room to rent for a couple of months, fairly close to
town, please let me know! Simon Botley, Department of Linguistics
Ext.93049. Email:spb@comp.lancs.ac.uk
-------------
HOUSE WANTED in Bare/Torrisholme area. Up to 85k, not in chain.
Contact M. Ward, Physics Department, tel. 593459 office hours, 822975
after 5pm"
-------------
FOR SALE: MOUNTAIN BIKE FRAME, GT Pantera, alloy (light and strong).
Vgc. Size to suit rider 5'.8"- 6'. Includes forks, XT front derailleur,
seat post, and head set. 100 pounds. Present owner will build up with
your other bike bits if required. Tel: Gwen X92532
--------------
FLAT WANTED: I am looking for a flat/small house to rent in Lancaster.
Please contact me at p.kahrel@lancaster.ac.uk or phone 844949.
--------------
FAIRFIELD MILLENNIUM GREEN AND COMMUNITY ORCHARD
We have heard officially that Millennium Greens are giving the
Fairfield Association a 50% grant of nearly 37,500 for this project. We
have to match this money (a) with cash we raise and (b) with volunteer
help (which gets credited at 46 pounds per person per day). We are
already applying for funding to various bodies, and improving the path
from Sunnyside Lane to the Millennium Green site.
We are working every Saturday (from 1 May onwards), starting at 10am.
If you are interested in helping, email m.short@lancaster.ac.uk or
phone Mick and Hilary Short on 63890, or just come along with your
shovel!
------------------
CHARITIES AUCTION OF PROMISES AND GOODS
Can You Promise an Item or a Service?
The Fairfield Association is combining with Lancaster District CVS
(Council for Volunteer Service) to run a Charities Auction in Lancaster
Town Hall on 2 October. So we are now looking for promises of goods or
services (e.g. some free tuition, some tax or legal advice, some
baby-sitting, some weeding or a car service) to auction. Promises must
be worth a minimum of 10 pounds. Email m.short@lancaster.ac.uk or phone
63890 or 37608 with offers.
--------------
Grizedale Charity Walk: 3Peaks 1999.
On June 19th, five members of Grizedale College - Stan Cinammond, Sam
Mitchell, Andrew Okey, Darren Gray and Anthony Manktelow - will be
taking up the challenge of walking the 3 peaks of Scafell, Snowdon and
Ben Nevis in 24 hours. These mountains represent the highest points of
England, Wales and Scotland respectively, and the team will be facing
an accumulated 12,000 feet of climb and 20 miles of walking, not to
mention having to drive some 450 miles!
The walk is in aid of Charity. This year, money raised by the walk
will go to two concerns - the Kosovan refugee crisis and the Grizedale
trust fund (which exists to pay travel and subsistence grants to
members of the College who undertake Voluntary Service overseas).
Any sponsorship you can offer will be very gratefully received. You
may sponsor any one of the individuals involved, or you may sponsor the
team as a whole (Barbara Glass, in the Grizedale College office, has
details). The intention is to split the proceeds evenly between the two
charities, though sponsors can choose to specify which of the causes
they wish to contribute to. Please support us if you can.
---------------------
PHOTOGRAPHIC EQUIPMENT: A number of photographic items are offered for
sale by the family of the late owner. These are as follows:-
CANON EOS50E EYECONTROL camera, including case and 50m/m lens, condition =
-- new and unused. Price 285 pounds
CANON EOS600 CAMERA including case and 50m/m lens, condition -- new and =
unused. Price 175 pounds
CANON A1 CAMERA including case and 50m/m lens, first class condition.
Price 170 pounds.
CANON ULTRASONIC TELEPHOTO ZOOM lens to fit either of EOS cameras.
Focal length 70-210m/m. Condition -- new and unused. Price 125
pounds.
CANON SPEEDLITE 430EZ flashgun, condition -- new and unused. Price 130
pounds.
CANON CAMERA - SURE SHOT megazoom 105 in mint condition including case
(this is one of those small cameras with the motorised auto-focus
lenses). Price 125 pounds.
CANON LEATHER LENS CASE No. LHP-D16 brand new. Price 20 pounds.
CANON LEATHER LENS CASE No.LH-B12 brand new. Price 20 pounds.
SONY video 8 handycam x 8 video recorder in mint condition. Includes
battery charger, 2 batteries, 3 cassettes (2 unused) leads for
connecting camera to video recorder for playback, and a lead to
connect to cigarette lighter to charge batteries in your car. This
whole package for only 175 pounds
Enquiries in first instance to Andy Muirhead ext. 3078
4. "A QUICK RISK ANALYSIS OF AN ATTACK ON THE VINCA INSTITUTE" BY TERRY SLOAN
-----------------------------------------------------------------------------
[NOTE: Professor Sloan is head of the Particle Physics research
division in the Institute of Natural Sciences, Lancaster. (Ed.)]
In the Editor's comment to the question asked by Stella Birchall you
ask what would happen if a missile hit Heysham B. Well, how long is a
piece of string? If the missile completely destroyed the very sturdy
biological shield wall of the reactor allowing all the radioactive
material to escape we would have a disaster bigger than Chernobyl.
(Only a part of the contents of the Chernobyl reactor were released in
that accident). If it punched a hole in this wall we could have a
disaster of Chernobyl dimensions. If the shield wall survived the
attack without a crack we would have local damage but no radioactivity
release. So you can choose the size of the missile and judge for
yourselves.
You then go on to print an analysis by Simon Slavin which argues that
there would not be much harm done if NATO attacks VINCA. In certain
circumstances a missile attack on the VINCA Institute could cause real
problems.
We can try to assess qualitatively the scale of any disaster relative
to Chernobyl. All the short lived radioactivity such as Iodine 131 will
have disappeared from the VINCA Reactor by radioactive decay since the
reactor has not operated for some years. Hence, it will contain much
less radioactive material than an operating reactor. The VINCA reactor
will be smaller than Chernobyl since it was a research reactor whereas
Chernobyl was a large power generating reactor. This also will limit
the scale of damage following a NATO strike. So, most probably, a NATO
hit will not produce a disaster of the Chernobyl scale.
However, not all the radioactivity was released into the atmosphere at
Chernobyl. Some fraction (I do not know what fraction) was retained
and has been buried in the burnt out shell. If the retained fraction
were large and NATO scored a direct hit blowing all the contents of the
VINCA reactor into the atmosphere this could create an incident perhaps
on the scale of Chernobyl.
So at this point in time I would judge that most probably a NATO
attack would not produce a disaster on the Chernobyl scale but there
are circumstances (eg if NATO vaporized the VINCA reactor completely
and most of the Chernobyl contents are buried in its burnt out shell)
where there could be adverse affects on the Chernobyl scale.
I hope NATO will do a better risk analysis than this before they
decide on any action.
DR SEGAL'S CONTRIBUTION ON THE ESTABLISHMENT OF THE STATE OF ISRAEL
- PLUS A VERY LARGE NUMBER OF READERS' LETTERS -
HAVE BEEN HELD OVER TILL NEXT TIME