Convention on the Prohibition of Military or Any Other Hostile Use of
Environmental Modification Techniques Bureau of Verification, Compliance, and
Implementation
Signed in Geneva May 18,
1977 Entered into force October 5, 1978
Narrative
Use of environmental modification techniques for hostile
purposes does not play a major role in military planning at the present
time. Such techniques might be developed in the future, however, and would
pose a threat of serious damage unless action was taken to prohibit their
use. In July 1972 the U.S. Government renounced the use of climate
modification techniques for hostile purposes, even if their development
were proved to be feasible in the future.
Both the U.S. Senate and the House of Representatives held
hearings, beginning in 1972, and the Senate adopted a resolution in 1973
calling for an international agreement "prohibiting the use of any
environmental or geophysical modification activity as a weapon of war...."
In response to this resolution, the President ordered the Department of
Defense to undertake an in-depth review of the military aspects of weather
and other environmental modification techniques. The results of this study
and a subsequent interagency study led to the U.S. Governments decision to
seek agreement with the Soviet Union to explore the possibilities of an
international agreement.
During the summit meeting in Moscow in July 1974,
President Nixon and General Secretary Brezhnev formally agreed to hold
bilateral discussions on how to bring about "the most effective measures
possible to overcome the dangers of the use of environmental modification
techniques for military purposes." Three sets of discussions were held in
1974 and 1975, resulting in agreement on a common approach and common
language.
In August 1975, the chief representatives of the U.S. and
the Soviet delegations to the Conference of the Committee on Disarmament
(CCD) tabled, in parallel, identical draft texts of a "Convention on the
Prohibition of Military or any Other Hostile Use of Environmental
Modification Techniques."
The Convention defines environmental modification
techniques as changing -- through the deliberate manipulation of natural
processes -- the dynamics, composition or structure of the earth,
including its biota, lithosphere, hydro-sphere, and atmosphere, or of
outer space. Changes in weather or climate patterns, in ocean currents, or
in the state of the ozone layer or ionosphere, or an upset in the
ecological balance of a region are some of the effects which might result
from the use of environmental modification techniques.
Intensive negotiations held in the CCD during the spring
and summer of 1976 resulted in a modified text and, in addition, to
understandings regarding four of the Treaty articles. These were
transmitted to the U.N. General Assembly for consideration during the fall
session.
Article I sets forth the basic commitment: "Each State
Party to this Convention undertakes not to engage in military or any other
hostile use of environmental modification techniques having widespread,
long-lasting or severe effects as the means of destruction, damage or
injury to any other State Party." An understanding defines the terms
"widespread, long-lasting or severe." "Widespread" is defined as
"encompassing an area on the scale of several hundred square kilometers";
"long-lasting" is defined as "lasting for a period of months, or
approximately a season"; and "severe" is defined as "involving serious or
significant disruption or harm to human life, natural and economic
resources or other assets."
With regard to peaceful uses of environmental modification
techniques, the convention provides that the parties shall have the right
to participate in the fullest possible exchange of scientific and
technological information.
In addition to the provision for mutual consultation
regarding complaints and for resource to the Security Council, the revised
draft establishes the framework for a Consultative Committee of Experts,
which would meet on an ad hoc basis when so requested by a party, in order
to clarify the nature of activities suspected to be in violation of the
convention. Responding to the suggestion of many delegations, the revised
text incorporates a provision for periodic conferences to review the
Conventions operation.
During the 1976 fall session, the U.N. General Assembly
held extensive debate on the draft Convention, including several
resolutions relating thereto. On December 10, the General Assembly adopted
a resolution by a vote of 96 to 8, with 30 abstentions, which referred the
Convention to all member nations for their consideration, signature, and
ratification, and requested the U.N. Secretary-General to open the
Convention for signature.
The U.N. Secretary-General officiated at the signing
ceremony in Geneva on May 18. The United States joined 33 other nations in
signing the Convention. The Convention entered into force on October 5,
1978, when the 20th state to sign the Convention deposited its instrument
of ratification. President Carter transmitted the Convention to the Senate
on September 22, 1978.
The Senate gave its advice and consent to ratification on
November 28, 1979, by a vote of 98-0. The President ratified the
Convention December 13, 1979. The Convention entered into force for the
United States on January 17, 1980, when the U.S. instrument of
ratification was deposited in New York.
Convention on the Prohibition of
Military or Any Other Hostile Use of Environmental Modification
Techniques
Signed in Geneva May 18, 1977 Entered into force
October 5, 1978 Ratification by U.S. President December 13,
1979 U.S. ratification deposited at New York January 17, 1980
The States Parties to this Convention,
Guided by the interest of consolidating peace, and wishing
to contribute to the cause of halting the arms race, and of bringing about
general and complete disarmament under strict and effective international
control, and of saving mankind from the danger of using new means of
warfare,
Determined to continue negotiations with a view to
achieving effective progress towards further measures in the field of
disarmament,
Recognizing that scientific and technical advances may
open new possibilities with respect to modification of the environment,
Recalling the Declaration of the United Nations Conference
on the Human Environment adopted at Stockholm on 16 June 1972,
Realizing that the use of environmental modification
techniques for peaceful purposes could improve the interrelationship of
man and nature and contribute to the preservation and improvement of the
environment for the benefit of present and future generations,
Recognizing, however, that military or any other hostile
use of such techniques could have effects extremely harmful to human
welfare,
Desiring to prohibit effectively military or any other
hostile use of environmental modification techniques in order to eliminate
the dangers to mankind from such use, and affirming their willingness to
work towards the achievement of this objective,
Desiring also to contribute to the strengthening of trust
among nations and to the further improvement of the international
situation in accordance with the purposes and principles of the Charter of
the United Nations,
Have agreed as follows:
Article I
1. Each State Party to this Convention undertakes not to
engage in military or any other hostile use of environmental modification
techniques having widespread, long-lasting or severe effects as the means
of destruction, damage or injury to any other State Party.
2. Each State Party to this Convention undertakes not to
assist, encourage or induce any State, group of States or international
organiza-tion to engage in activities contrary to the provisions of
paragraph 1 of this article.
Article II
As used in Article I, the term "environmental modification
techniques" refers to any technique for changing -- through the deliberate
manipulation of natural processes -- the dynamics, composition or
structure of the Earth, including its biota, lithosphere, hydrosphere and
atmosphere, or of outer space.
Article III
1. The provisions of this Convention shall not hinder the
use of environmental modification techniques for peaceful purposes and
shall be without prejudice to the generally recognized principles and
applicable rules of international law concerning such use.
2. The States Parties to this Convention undertake to
facilitate, and have the right to participate in, the fullest possible
exchange of scientific and technological information on the use of
environmental modification techniques for peaceful purposes. States
Parties in a position to do so shall contribute, alone or together with
other States or international organizations, to international economic and
scientific co-operation in the preservation, improvement, and peaceful
utilization of the environment, with due consideration for the needs of
the developing areas of the world.
Article IV
Each State Party to this Convention undertakes to take any
measures it considers necessary in accordance with its constitutional
processes to prohibit and prevent any activity in violation of the
provisions of the Convention anywhere under its jurisdiction or control.
Article V
1. The States Parties to this Convention undertake to
consult one another and to cooperate in solving any problems which may
arise in relation to the objectives of, or in the application of the
provisions of, the Convention. Consultation and cooperation pursuant to
this article may also be undertaken through appropriate international
procedures within the framework of the United Nations and in accordance
with its Charter. These international procedures may include the services
of appropriate international organizations, as well as of a Consultative
Committee of Experts as provided for in paragraph 2 of this article.
2. For the purposes set forth in paragraph 1 of this
article, the Depositary shall, within one month of the receipt of a
request from any State Party to this Convention, convene a Consultative
Committee of Experts. Any State Party may appoint an expert to the
Committee whose functions and rules of procedure are set out in the annex,
which constitutes an integral part of this Convention. The Committee shall
transmit to the Depositary a summary of its findings of fact,
incorporating all views and information presented to the Committee during
its proceedings. The Depositary shall distribute the summary to all States
Parties.
3. Any State Party to this Convention which has reason to
believe that any other State Party is acting in breach of obligations
deriving from the provisions of the Convention may lodge a complaint with
the Security Council of the United Nations. Such a complaint should
include all relevant information as well as all possible evidence
supporting its validity.
4. Each State Party to this Convention undertakes to
cooperate in carrying out any investigation which the Security Council may
initiate, in accordance with the provisions of the Charter of the United
Nations, on the basis of the complaint received by the Council. The
Security Council shall inform the States Parties of the results of the
investigation.
5. Each State Party to this Convention undertakes to
provide or support assistance, in accordance with the provisions of the
Charter of the United Nations, to any State Party which so requests, if
the Security Council decides that such Party has been harmed or is likely
to be harmed as a result of violation of the Convention.
Article VI
1. Any State Party to this Convention may propose
amendments to the Convention. The text of any proposed amendment shall be
submitted to the Depositary who shall promptly circulate it to all States
Parties.
2. An amendment shall enter into force for all States
Parties to this Convention which have accepted it, upon the deposit with
the Depositary of instruments of acceptance by a majority of States
Parties. Thereafter it shall enter into force for any remaining State
Party on the date of deposit of its instrument of acceptance.
Article VII
This Convention shall be of unlimited duration.
Article VIII
1. Five years after the entry into force of this
Convention, a conference of the States Parties to the Convention shall be
convened by the Depositary at Geneva, Switzerland. The conference shall
review the operation of the Convention with a view to ensuring that its
purposes and provisions are being realized, and shall in particular
examine the effectiveness of the provisions of paragraph 1 of Article I in
eliminating the dangers of military or any other hostile use of
environmental modification techniques.
2. At intervals of not less than five years thereafter, a
majority of the States Parties to the Convention may obtain, by submitting
a proposal to this effect to the Depositary, the convening of a conference
with the same objectives.
3. If no conference has been convened pursuant to
paragraph 2 of this article within ten years following the conclusion of a
previous conference, the Depositary shall solicit the views of all States
Parties to the Convention, concerning the convening of such a conference.
If one third or ten of the States Parties, whichever number is less,
respond affirmatively, the Depositary shall take immediate steps to
convene the conference.
Article IX
1. This Convention shall be open to all States for
signature. Any State which does not sign the Convention before its entry
into force in accordance with paragraph 3 of this article may accede to it
at any time.
2. This Convention shall be subject to ratification by
signatory States. Instruments of ratification or accession shall be
deposited with the Secretary-General of the United Nations.
3. This Convention shall enter into force upon the deposit
of instruments of ratification by twenty Governments in accordance with
paragraph 2 of this article.
4. For those States whose instruments of ratification or
accession are deposited after the entry into force of this Convention, it
shall enter into force on the date of the deposit of their instruments of
ratification or accession.
5. The Depositary shall promptly inform all signatory and
acceding States of the date of each signature, the date of deposit of each
instrument of ratification or accession and the date of the entry into
force of this Convention and of any amendments thereto, as well as of the
receipt of other notices.
6. This Convention shall be registered by the Depositary
in accordance with Article 102 of the Charter of the United Nations.
Article X
This Convention, of which the English, Arabic, Chinese,
French, Russian, and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations, who shall send
certified copies thereof to the Governments of the signatory and acceding
States.
IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto by their respective governments, have signed this Convention,
opened for signature at Geneva on the eighteenth day of May, one thousand
nine hundred and seventy-seven.
DONE at Geneva on May 18, 1977.
ANNEX TO THE
CONVENTION CONSULTATIVE COMMITTEE OF EXPERTS
1. The Consultative Committee of Experts shall undertake
to make appropriate findings of fact and provide expert views relevant to
any problem raised pursuant to paragraph 1 of Article V of this Convention
by the State Party requesting the convening of the Committee.
2. The work of the Consultative Committee of Experts shall
be organized in such a way as to permit it to perform the functions set
forth in paragraph 1 of this annex. The Committee shall decide procedural
questions relative to the organization of its work, where possible by
consensus, but otherwise by a majority of those present and voting. There
shall be no voting on matters of substance.
3. The Depositary or his representative shall serve as the
Chairman of the Committee.
4. Each expert may be assisted at meetings by one or more
advisers.
5. Each expert shall have the right, through the Chairman,
to request from States, and from international organizations, such
information and assistance as the expert considers desirable for the
accomplishment of the Committees work.
UNDERSTANDINGS
REGARDING THE CONVENTION
Understanding Relating to Article I
It is the understanding of the Committee that, for the
purposes of this Convention, the terms, "widespread", "long-lasting" and
"severe" shall be interpreted as follows:
(a) "widespread": encompassing an area on the scale of
several hundred square kilometres;
(b) "long-lasting": lasting for a period of months, or
approximately a season;
(c) "severe": involving serious or significant
disruption or harm to human life, natural and economic resources or
other assets.
It is further understood that the interpretation set forth
above is intended exclusively for this Convention and is not intended to
prejudice the interpretation of the same or similar terms if used in
connexion with any other international agreement.
Understanding Relating to Article II
It is the understanding of the Committee that the
following examples are illustrative of phenomena that could be caused by
the use of environmental modification techniques as defined in Article II
of the Convention: earthquakes, tsunamis; an upset in the ecological
balance of a region; changes in weather patterns (clouds, precipitation,
cyclones of various types and tornadic storms); changes in climate
patterns; changes in ocean currents; changes in the state of the ozone
layer; and changes in the state of the ionosphere.
It is further understood that all the phenomena listed
above, when produced by military or any other hostile use of environmental
modification techniques, would result, or could reasonably be expected to
result, in widespread, long-lasting or severe destruction, damage or
injury. Thus, military or any other hostile use of environmental
modification techniques as defined in Article II, so as to cause those
phenomena as a means of destruction, damage or injury to another State
Party, would be prohibited.
It is recognized, moreover, that the list of examples set
out above is not exhaustive. Other phenomena which could result from the
use of environmental modification techniques as defined in Article II
could also be appropriately included. The absence of such phenomena from
the list does not in any way imply that the undertaking contained in
Article I would not be applicable to those phenomena, provided the
criteria set out in that article were met.
Understanding Relating to Article III
It is the understanding of the Committee that this
Convention does not deal with the question whether or not a given use of
environmental modification techniques for peaceful purposes is in
accordance with generally recognized principles and applicable rules of
international law.
Understanding Relating to Article VIII
It is the understanding of the Committee that a proposal
to amend the Convention may also be considered at any conference of
Parties held pursuant to Article VIII. It is further understood that any
proposed amendment that is intended for such consideration should, if
possible, be submitted to the Depositary no less than 90 days before the
commencement of the conference.
__________________
1 These are not incorporated into the Convention but are
part of the negotiating record and were included in the report transmitted
by the CCD to the U.N. General Assembly in September 1976.
| Environmental Modification
Convention |
| Country
|
Date 1 of Signature
|
Date of Deposit 1 of Ratification
|
Date of Deposit 1 of Accession
|
| Afghanistan |
|
|
10/22/85 |
| Algeria |
|
|
12/19/91 |
| Antigua and Barbuda |
|
|
10/25/88 |
| Argentina |
|
|
03/20/87 |
| Australia |
05/31/78 |
09/07/84 |
|
| Austria |
|
|
01/17/90 |
| Bangladesh |
|
|
10/03/79 |
| Belgium |
05/18/77 |
07/12/82 |
|
| Benin |
06/10/77 |
06/30/86 |
|
| Bolivia |
05/18/77 |
|
|
| Brazil |
11/09/77 |
10/12/84 |
|
| Brunei |
|
|
01/01/84 1 |
| Bulgaria |
05/18/77 |
05/31/78 |
|
| Byelorussian S.S.R.2 |
05/18/77 |
06/07/78 |
|
| Canada |
05/18/77 |
06/11/81 |
|
| Cape Verde |
|
|
10/03/79 |
| Chile |
|
|
04/26/94 |
| Cuba |
09/23/77 |
04/10/78 |
|
| Cyprus |
10/07/77 |
04/12/78 |
|
| Czechoslovakia |
05/18/77 |
05/12/78 |
|
| Czech Republic |
|
|
02/22/93 |
| Denmark |
05/18/77 |
04/19/78 |
|
| Dominica |
|
11/09/92 |
11/08/78 1 |
| Egypt |
|
|
04/01/82 |
| Ethiopia |
05/18/77 |
|
|
| Finland |
05/18/77 |
05/12/78 |
|
German Democratic Republic |
05/18/77 |
05/25/78 |
|
Germany, Federal Republic of |
05/18/77 |
05/24/83 |
|
| Ghana |
03/21/78 |
06/22/78 |
|
| Greece |
|
|
08/23/83 |
| Guatemala |
|
|
03/21/88 |
| Holy See |
05/27/77 |
|
|
| Hungary |
05/18/77 |
04/19/78 |
|
| Iceland |
05/18/77 |
|
|
| India |
12/10/77 |
12/15/78 |
|
| Iran |
05/18/77 |
|
|
| Iraq |
08/15/77 |
|
|
| Ireland |
05/18/77 |
12/16/82 |
|
| Italy |
05/18/77 |
11/27/81 |
|
| Japan |
|
|
06/09/82 |
Korea, Democratic People's Republic of |
|
|
11/08/84 |
| Korea, Republic of |
|
|
12/02/86 |
| Kuwait |
|
|
01/02/80 |
| Laos |
04/13/78 |
10/05/78 |
|
| Lebanon |
05/18/77 |
|
|
| Liberia |
05/18/77 |
|
|
| Luxembourg |
05/18/77 |
|
|
| Malawi |
|
|
10/05/78 |
| Mauritius |
|
|
12/09/92 |
| Mongolia |
05/18/77 |
05/19/78 |
|
| Morocco |
05/18/77 |
|
|
| Netherlands |
05/18/77 |
04/15/83 |
|
| New Zealand |
|
|
09/07/84 |
| Nicaragua |
08/11/77 |
|
|
| Niger |
|
|
02/17/93 |
| Norway |
05/18/77 |
02/15/79 |
|
| Pakistan |
|
|
02/27/86 |
| Papua New Guinea |
|
|
10/28/80 |
| Poland |
05/18/77 |
06/08/78 |
|
| Portugal |
05/18/77 |
|
|
| Romania |
05/18/77 |
05/06/83 |
|
| St. Christopher-Nevis |
|
|
09/19/83 1 |
| St. Lucia |
|
05/27/93 |
02/22/79 1 |
St. Vincent and the Grenadines |
|
|
10/27/79 1 |
| Sao Tome and Principe |
|
|
10/05/79 |
| Sierra Leone |
04/12/78 |
|
|
| Solomon Islands |
|
06/18/81 |
06/18/81 |
| Spain |
05/18/77 |
07/19/78 |
|
| Sri Lanka |
06/08/77 |
04/25/78 |
|
| Sweden |
|
|
04/27/84 |
| Switzerland |
|
|
08/05/88 |
| Syria |
08/04/77 |
|
|
| Tunisia |
05/11/78 |
05/11/78 |
|
| Turkey |
05/18/77 |
|
|
| Uganda |
05/18/77 |
|
|
| Ukrainian S.S.R.2 |
05/18/77 |
06/13/78 |
|
Union of Soviet Socialist Republics |
05/18/77 |
05/30/78 |
|
| United Kingdom |
05/18/77 |
05/16/78 |
|
| United States |
05/18/77 |
01/17/80 |
|
| Uruguay |
|
|
09/16/93 |
| Uzbekistan |
05/26/93 |
|
|
| Vietnam |
|
|
08/26/80 |
Yemen Arab Republic (Sanaa) |
05/18/77 |
07/20/77 |
|
Yemen, People's Democratic of (Aden) |
|
|
06/12/79 |
| Zaire |
02/28/78 |
|
|
|
________________________________________________ |
| Total 3 |
51 |
36 |
34 |
____________________________
1 Dates given are the earliest dates on which
countries signed the agreements or deposited their ratifications or
accessions -- whether in Washington, London, Moscow, or New York. In the
case of a country that was a dependent territory which became a party
through succession, the date given is the date on which the country gave
notice that it would continue to be bound by the terms of the agreement.
2 The United States regards the signature and
ratification by the Byelorussian S.S.R. and the Ukrainian S.S.R. as
already included under the signature and ratification of the Union of
Soviet Socialist Republics.
3 This total does not include actions by the
Byelorussian S.S.R. and the Ukrainian S.S.R. (See footnote 2.)
4 Effective January 1, 1979, the United States
recognized the Government of the People's Republic of China as the sole
government of China. |