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This website is designed to guide users through the
area of international treaties, conventions, standards and guidelines
applicable to biotechnology. |
Title: 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (ENMOD Convention) |
Summary of Provisions:The ENMOD Convention prohibits use of environmental modification techniques as a method of warfare. States are also prohibited from assisting others in the hostile use of environmental modification. Article II of the Convention defines environmental modification techniques as: "any technique for changing - through deliberate manipulation of natural processes - the dynamics, composition or structure of the Earth, including its biota, lithosphere, hydrosphere and atmosphere, or of outer space." (http://fletcher.tufts.edu/multi/texts/BH700.txt). There is specific recognition in the Convention's preamble of the significance of scientific and technological developments in providing new means of environmental modification. The Convention does not cover research and development into environmental modification techniques for hostile use. The Convention is primarily an arms control agreement rather than an environmental protection agreement and does not cover incidental environmental damage caused during war. There is a recognition that environmental modification may also be used for beneficial purposes and so peaceful use is not prohibited. Other articles of the Convention provide for cooperation and the exchange of scientific and technical information for peaceful purposes and for the establishment of a consultative committee of experts to assist in clarifying states' obligations. The Convention provides for regular review conferences and expects these to be at approximately five-year intervals. Summary of Development:Motivated by military use of environmental modification techniques in the 1960s and 70s (particularly by the U.S.) which went against basic principles of international humanitarian law like discrimination and proportionality, ENMOD was adopted by the United Nations General Assembly in 1976 and entered into force in October 1978. No complaints have ever been brought under ENMOD and it only has 70 states parties (less than half of the world's states). There have been two review conferences, one in 1984 and one in 1992. This is far less frequent than provided for in the Convention. The review conferences developed 'understandings'. These are of a non-binding nature but help to clarify the meaning of the Articles and also the scope of the Convention's application, particularly that it applies to 'low-tech' environmental modification such as the firing of oil wells and to the use of pesticides.Current Status:Membership remains low at 73 states parties and review conferences have been held far less frequently than intended.Precursors:The International Committee of the Red Cross states that "Other rules and principles of international humanitarian law also confer protection on the environment during armed conflict, though without mentioning it specifically. This is particularly the case with general customary principles regarding the conduct of hostilities, such as the principle of distinction, which limits attacks to military objectives, and that of proportionality, which prohibits the use of means and methods of warfare that cause excessive damage." (http://www.icrc.org/ihl.nsf/WebFULL?OpenView). Additional Protocol I to the Geneva Conventions of 1977 specifically prohibits, "methods or means of warfare which are intended, or may be expected, to cause widespread, long-terms and severe damage to the natural environment." (Part III, Article 35, Point 3, http://www.icrc.org/ihl.nsf/WebFULL?OpenView). Related Summaries on the Genomics Gateway Site:Biological Weapons Convention Page last updated 26th March 2009. Comments/enquiries to catherine.rhodes-2 'at' manchester.ac.uk
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