Nuclear Weapons As A Lawful Means

• Author: Captain Fred Bright, Jr.
• Pages: 01

I. INTRODUCTION

There are three basic effects of a nuclear explosion: blast, thermal radiation (light and heat), and nuclear radiation.' Both blast and thermal radiation result from conventional explosions: these two effects differ only in magnitude when comparing a nuclear explosion to a conventional explosion.* The distinguishing characteristic, therefore, of a nuclear weapon is nuclear radiation, which "can neither be seen, heard, smelled, felt, nor tasted. It consists of streams of fast-flying particles or waves from the shattered atoms which penetrate the human body and can cause illness and death."'

What is nuclear radiation. and how does it affect the legality of the use of nuclear weapons during hostilities? The C.S. Army FLeld Manual 27-1@ provides:

The me of exploawe "atomic weapons," whether by air, sea. or land forces, cannot 88 such be regarded as violative of international law in rhe absenee of any customary rule of international law or international convention restricting their employment.'

The unpublished annotation to this provision of Field Manual 27-10 explains as the reasons for the conclusion that such a weapon is now lawful: that it has been used, that it still exists, that the major powers are practically committed to use it in a future war, and that it has been accepted to the extent that it is

"This article was adapted from B thesis presented to The Judge Admeate General's Schml, U.S. Army, Chariotteaville. Virginia, while the author WB.B member of the Thirteenth Career Cournc. The opinions and coneluiione presented herein me those of the author and do not nccemarils represent tho View8 of The Judge Advocate General's Sehooi or any other KOYernmentd BKenCY.

**dAGC, U.S. Arms; B.S., 1915, University of Tennessee; LL.B., 1957, University of Tennesaee; Member of the Bar8 of the State of Tenneelee and of the United States Supreme Court and United States Court of Military Annsnls..~

'U.S. DEP'T OF ARMY, FLUD Mmuu. NO. 10141-1, NUC- W E A ~ N I

"US.

DEP'T ARMY, PAMPHIET No. 39-S, TEE E r m a OF NUC'GmXSPAN, THE MODERY LAW OP LAND WARFABE 310 (1859).

' U.S. DEP'T OF Awl. F- MANUAL

EMFUYDIENT,

para. 2.2(b) (1963) [heremafter cited 88 FM 10141-1].

WEAPO)IS 1-2 (1882) [hereinafter cited as DA PAM 39-SI.

F- (1968) [hereinafter cited 8s FM 27-10],

NO. 27-10, THE LAW OF LAND

WAR.

JR.**

'Id. para. 35.

spoken of in the context of disarmament rather than illegality. The qualifying word "explosive" was inserted in order to avoid taking a position on a weapon designed for the exclusive effect of radiation.'

This annotation illustrates that the legality of the different nuclear effects may depend upon different international laws of war. Consequently, it is necessary to first describe these effwts before determining what rules of warfare may apply. Of course, nuclear radiation, being the only newcomer to weaponry of the three effects, \vi11 receive the most emphasis, as it presents the main problem from a legal standpoint.

11. CHARACTERISTICS OF NLCLEAR EXPLOSIONS

.4. GESERAL PRISCIPLES

A11 substance: are made up from one or more elements, and the Smallest part of any element that can exist while still retaining the characteristics of the element IS called an atom: Every atom consists of a relatively heavy central region or nucIeu~.~

A nuclear explosion results from one or both of two processes: fission and fusion. The fission process occurs when the nucleu of an atom of a hear? material is split into two smaller nuclei; while in the fusion process a pair of light nuclei unite (or fuse) together, forming a nucieus of a heaviw atom.* Both Processes are accompanied by the release of a large amount of energy. For example, the complete fission of one pound of uranium or plutonium releases as much energy as the explosion of 8,000 tons of TNT; and the fusion of all the nuclei present in one pound of deuterium, or "heavy hydrogen," releases approximately the Same amount of energy as the explosion of 26,000 tons of TNT.'O

The power of a nuclear weapon is expressed in the terms of the energy release, or yield, when it explodes compared with the energy liberated by an explosion of TNT. Thus, a one kiloton nuclear weapon produces the same amount of energy as 1,000 tons of TNT, and a one megaton nuclear weapon has the energy equi-valent of one million tons of TNT." It does not follow, however,

'See U.S. DEP'T OF ARMY. PAMPELR. NO. 27-161-2, 2 INTERNATIOXAL LAW

' DA PAM 39-3, at 3. 'Id. at 4.'Id. at 6.

I'

Id. at 5, 6.

11 Id. at 6.

43 (1962).

2 *oo PSltB

NUCLEAR WARFARE

that the casualty potential of explosions of equal yield will be the same for a conventional explhsive, such as TNT, as for a nuclear weapon. To the contrary, a nuclear device is capable of far more damage than an equivalent yield non-nuclear explosion, as the remaining sections in this chapter will show.

2. EFFECTS OF NUCLEAR EXPLOSIONS

   The three principle effects of a nuclesr explosion-blast, thermal radiation, and nuclear radiation-have been discussed briefly. It is now appropriiLte to explain how each of these effects results from a nuclear explosion.

   1. Blnst.

   Immediately following the detonation of a nuclear weapon in the air, an extremely hot gaseous fireball is Ven soon after the explosion, these hot gases expand, causing a blast wave to form in the air and move away from the fireball at a. high velwity.18 When this primary air blast wave strikes the ground, a second blast wave is produced by reflection ; and some distance from ground zero the two waves merge, forming the "Mach stem,'' which results in considerable overpressure at the earth's sur. face." Blast causes most of the destruction from a nuclear air burst.'K but neither thermal nor nuclear radiation ean be aver-looked.

   2. Thermal Radiation.

   One of the significant differences between a nuclear and a conventional high-explosive weapon is the large proportion of energy (approximately onethird) of a nuclear explosion which is released in the form of thermal radiation. Temperatures attained in a nuclear explosion are estimated at tens of million degrees, compared with only a few thousand degrees in a. conventional explosion." The intenee heat and light rays emitted from the fireball travel st about the speed of light and in straight lines, unless scattered; thus, any solid opaque material between the fireball and an expased individual or objet would act as a protectiw shield.17

   Id. at 87.

   Id. at 87, 102.

   I( Id. st 88."Id. at 317."Id. It 31611."Id. at 316, 812.

   3. Suelenr Rndiation.

   The final effect-that of nuclear radiation-is peculiar to B nuclear weapon. Nuclear radiation is divided into two categories: initial nuclear radiation, which is that emitted nithin one minute after the explosion; and residual nuclear radiation, which includes all radiation emitted after the first minute." The first type of nuclear radiation to be considered is initial nuclear radiation.

   The initial nuclear radiations, consist mainly of gamm rays snd neuirons, both of which can travel great distances through Gamma rays travel at the speed of light; neutrons travel more slowly. but still at an extremely fast rate.20 These initiai radiations travel generally along straight lines; however, a certain amount of diffusion reau!ti: from the collision of the neutron? and gamma rays with elements of the atmosphere through which they pajs. Consequently, in the target area there is some nuclear radiation traveling in all direetiomzl

   Although Some of the initial nuclear radiation is absorbed by the atmosphere, it has high penetrating power, particularly gamma rays; thus. the problems of shielding are quite different in regard to thermal and initial nuclear radiations. For example, one mile from a one megaton explosion, initial nuclear radiation would probably kill a large proportion of expoaed individuals even though such individuals were surrounded by 24-inch concrete, although a much lighter shield would completely protect these persons from thermal radiation.?? The effective ranges of these two nuclear effects also differ considerably. For explosions of moderate and large enerw yields. thermal radiation is harmful at considerably greater distances than initial nuclear radiation. Beyond about 114 miles from ground zero the initial nuclear radiation from a twenty kiloton air burst would not cause observable injuries even without protective shielding, while serious skin burns could result from exposure to thermal radiation at this distance. On the other hand, from a small yield burst-one kiloton al nuclear radiation has a greater effective range than thermal radiation.ls

   Id, st 8-9..'Id. at 9.*" FM 101-31-1, para. 2.19(b)

   "l Ibid.

   DA PAM 39-3, at 310.

   Id. at 370-71.4 A00 1WtB

   NUCLEAR WARFARE

   Residual nuclear radiation consists of both neutron-induced radiation and fallout. Neutrons liberated in the fission process are captured by the weapon materials through which they must pass to escape, by nitrogen and oxygen in the atmosphere, and by elements present in soil and water. Such substances then become radioactive by this neutron-induced activity and add to the hazard of contamination."

   Although neutron-induced radiation is an integral part of the residual radiation, the most commonly known nuclear effect is that of fallout. When the fireball comes in contact with the ground, large quantities of substances enter the fireball at an earls stage and are fused or vaporized. Then as heat causes the fireball to rise, it causes an updraft and produces strong air currents which raise dirt and debris from the earth's surface to form the stem of the mushroom cloud. This radioactive cloud is formed of the condensation of the vaporized fission products and other weapon residues which, along with the dirt and debris, are ultimately distributed back to the earth as fallout.ps

   The induced contamination is found within a relatively small pattern around ground zero, while the fallout is in a large irregular pattern...