identifier: Convention prohibiting environmental modification techniques (ENMOD), 1976

languages: Arabic Chinese English French Russian Spanish

title: Convention on the prohibition of military or any hostile use of environmental modification techniques, 10 December 1976.

country: Uganda

country: Niger

country: Bangladesh

country: Bolivia

country: Finland

country: Sierra Leone

country: Bulgaria

country: Lebanon

country: Hungary

country: New Zealand

reservation: "The Government of New Zealand hereby declares its interpretation that nothing in the Convention detracts from or limits the obligation of States to refrain from military or any other hostile use of environmental modification techniques which are contrary to international law". SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p. 908.

country: Türkiye

reservation: Upon signature: Interpretative statement: "In the opinion of the Turkish Government the terms "widespread", "long lasting" and "severe effects" contained in the Convention need to be clearly defined. So long as this clarification is not made the Government of Turkey will be compelled to interprete itself the terms in question and consequently it reserves the right to do so as and when required. Furthermore, the Government of Turkey believes that the difference between "military or any other hostile purposes" and "peaceful purposes" should be more clearly defined so as to prevent subjective evaluations". SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p. 908

country: Chile

country: Solomon Islands

country: Democratic People's Republic of Korea

country: Iraq

country: Kazakhstan

country: Norway

country: Mauritius

country: Pakistan

country: Tajikistan

country: Ethiopia

country: Cameroon

country: Afghanistan

country: Switzerland

reservation: Because of the obligation incumbent upon it by virtue of status of perpetual neutrality, Switzerland must make a general reservation specifying that its co-operation in the framework of this Convention cannot go beyond the limits imposed by this status. This reservation refers, in particular, to article V, paragraph 5, of the Convention, and to any similar clause which may replace or supplement this provision in the Convention (or in any other arrangement). SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p. 908.

country: China

reservation: With the following declaration with respect of Hong Kong Special Administrative Region and Macao Special Administrative Region: In accordance with the provisions of Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and Article 138 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Convention shall apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People's Republic of China.

country: Denmark

country: Malawi

country: Benin

country: Sweden

country: Saint Lucia

reservation: Guatemala accepts the text of article III, on condition that the use of environmental modifications techniques for peaceful purposes does not adversely affect its territory or the use of its natural resources. SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p. 908.

country: United Kingdom of Great Britain and Northern Ireland

reservation: "It is the understanding of the Government of the Republic of Korea that any technique for deliberately changing the natural state of rivers falls within the meaning of the term "environmental modification techniques" as defined in article II of the Convention. It is further understood that military or any other hostile use of such techniques, which could cause flooding, inundation, reduction in the water-level, drying up, destruction of hydrotechnical installations or other harmful consequences, comes within the scope of the Convention, provided it meets the criteria set out in article I therefore". SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p. 908.

reservation: "Considering the obligations resulting from its status as a permanently neutral state, the Republic of Austria declares a reservation to the effects that its co-operation within the framework of this Convention cannot exceed the limits determined by the Status of permanent neutrality and membership with the United Nations". SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p. 908.

reservation: "The Kingdom of the Netherlands accepts the obligations laid down in article 1 of the said Convention as extending to states which are not a party to the Convention and which act in conformity with article 1 of the Convention." SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p.908.

reservation: This Convention binds the State of Kuwait only towards States Parties thereto. Its obligatory character shall "ipso facto" terminate with respect to any hostile state which does not abide by the prohibition contained therein. Understanding: "It is understood that accession to the Convention on the Prohibition of Military or any other hostile use of Environmental Modification Techniques, done in Geneva, 1977, does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel." SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, p. 908.

reservation: The Argentine Republic interprets the terms "widespread, long-lasting or severe effects" in article I, paragraph 1, of the Convention in accordance with the definitions agreed upon in the understanding on that article. It likewise interprets article II, III and VIII in accordance with the relevant understandings. (The Government of Argentina has specified that the understandings referred to in the declaration are the Understandings adopted as part of the report of the Conference of the Committee on Disarmament to the General Assembly at its thirty-first session, published under the symbol A/31/27) SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, pp. 908 and 910.

text: The States Parties to this Convention,

text: 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 warefare,

text: Determined to continue negotiations with a view to achieving effective progress toward further measures in the field of disarmament,

text: Recognizing that scientific and technical advances may open new possibilities with respect to modification of the environment,

text: Recalling the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972,

text: 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,

text: Recognizing, however, that military or any other hostile use of such techniques could have effects extremely harmful to human welfare,

text: 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,

text: 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,

text: Have agreed as follows:

text: Preamble

text: 1. Each State Party to this Convention undertakes not to engage in military or any other hostile use of environmental modification techniques having widespread, longlasting or severe effects as the means of destruction, damage or injury to any other State Party.

text: 2. Each State Party to this Convention undertakes not to assist, encourage or induce any State, group of States or international organization to engage in activities contrary to the provisions of paragraph 1 of this article.

text: Article I

text: 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.

text: Article II

text: 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.

text: 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.

text: Article III

text: 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.

text: Article IV

text: 1. The States Parties to this Convention undertake to consult one another and to co-operate 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 co-operation 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.

text: 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.

text: 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.

text: 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.

text: 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.

text: Article V

text: 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.

text: 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.

text: Article VI

text: This Convention shall be of unlimited duration.

text: Article VII

text: 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.

text: 2. At intervals of not less than five years thereafter, a majority of the States Parties to this Convention may obtain, by submitting a proposal to this effect to the Depositary, the convening of a conference with the same objectives.

text: 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 this 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.

text: Article VIII

text: 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.

text: 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.

text: 3. This Convention shall enter into force upon the deposit of instruments of ratification by twenty Governments of accordance with paragraph 2 of this article.

text: 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.

text: 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 the receipt of other notices.

text: 6. This Convention shall be registered by the Depositary in accordance with Aricle 102 of the Charter of the United Nations.

text: Article IX

text: This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send duly certified copies thereof to the Governments of the signatory and acceding States.

text: IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.

text: Done at Geneva, on the 18 day of May 1977

text: Article X

text: 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.

text: 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.

text: 3. The Depositary or his representative shall serve as the Chairman of the Committee.

text: 4. Each expert may be assisted at meetings by one or more advisers.

text: 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 Committee's work.

text: Annex - Consultative Committee of Experts

text: 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:

text: 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;

text: c) "severe": involving serious or significant disruption or harm to human life, natural and economic resources or other assets.

text: 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.

text: Understanding relating to article II

text: 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.

text: It is further understood that all the phenomena listed above, when produced by a military or any other hostile use of environmental modification techiques, 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.

text: 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.

text: Understanding relating to article III

text: 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.

text: Understanding relating to article VIII

text: 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.

text: Note: These Understandings are not incorporated into the Convention but are part of the negotiating record and were included in the report transmitted by the Conference of the Committee on Disarmament to the United Nations General Assembly in September 1976 (Report of the Conference of the Committee on Disarmament, Volume I, General Assembly Official records: Thirty-first session, Supplement No. 27 (A/31/27), New York, United Nations, 1976, pp. 91-92).

text: Understandings

summary: Adopted by Resolution 31/72 of the United Nations General Assembly on 10 December 1976, the ENMOD Convention, of which the UN Secretary-General is the Depositary, was opened for signature at Geneva on 18 May 1977 and entered into force on 5 October 1978. It consists of ten articles and an Annex concerning the Consultative Committee of Experts. In its Article I the Convention, which is part of disarmament efforts, prohibits the Contracting Parties from engaging 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". Article 2 specifies what is meant exactly by the term "environmental modification techniques". It should be noted that the adjectives "widespread" "long-lasting" and "severe" are echoed (widespread, long-term, severe) in 1977 Protocol I additional to the 1949 Geneva Conventions (Article 35, para. 3 and Article 55, para. 1) and in preambular para. 4 to the 1980 Convention on Conventional Weapons. Whilst in these two instruments the term "environment" is preceded by the adjective "natural", the ENMOD Convention speaks of the "environment" without any attributive. In addition, the drafters of the ENMOD Convention adopted "Understandings" which are not incorporated into the Convention but which provide additional explanations with regard to some provisions (Articles I, II, III and VIII). The Understanding relating to Article I gives to the terms "widespread", "long-lasting" and "severe" an interpretation limited to the ENMOD Convention and one which is not intended to prejudice the interpretation of the same or similar terms if used in connection with any other international agreement. Article VIII of the ENMOD Convention makes provision for review conferences to be held at intervals of not less than five years. The first Review Conference took place in Geneva in September 1984. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.164-169.


doctype: treaty

identifier: Final Act of the Diplomatic Geneva Conference, 1974-1977

languages: English Arabic Chinese Spanish French Russian

title: Final Act of the Diplomatic Conference of Geneva of 1974-1977.

action: signature

country: Japan

country: Ireland

country: Egypt

country: Kuwait

country: Argentina

country: Australia

country: Democratic Republic of the Congo

country: Côte d'Ivoire

country: Republic of Korea

country: Czech Republic

country: Germany

country: United States of America

country: United Arab Emirates

country: Bangladesh

country: Ecuador

country: Uganda

country: Spain

country: Islamic Republic of Iran

country: Malta

country: Mongolia

country: Sri Lanka

country: Bolivia

country: San Marino

country: Russian Federation

country: Mozambique

country: Iraq

country: Mali

country: Philippines

country: Peru

country: France

country: Slovakia

country: Ukraine

country: Jamaica

country: Democratic People's Republic of Korea

country: Mauritania

country: Canada

country: Cyprus

country: Indonesia

country: Tunisia

country: Türkiye

country: Senegal

country: Morocco

country: Guatemala

country: Honduras

country: Hungary

country: Nigeria

country: Libya

country: Uruguay

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Protocol I

text: Protocol II

text: EXTRACTS FROM THE FINAL ACT

text: The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, convened by the Swiss Federal Council, held four sessions in Geneva (from 20 February to 29 March 1974, from 3 February to 18 April 1975, from 21 April to 11 June 1976 and from 17 March to 10 June 1977). The object of the Conference was to study two draft Additional Protocols prepared, after official and private consultations, by the International Committee of the Red Cross and intended to supplement the four Geneva Conventions of 12 August 1949.

text: One hundred and twenty-four States were represented at the first session of the Conference, 120 States at the second session, 107 States at the third session and 109 States at the fourth session.

text: In view of the paramount importance of ensuring broad participation in the work of the Conference, which was of a fundamentally humanitarian nature, and because the progressive development and codification of international humanitarian law applicable in armed conflicts is a universal task in which the national liberation movements recognized by the regional intergovernmental organizations concerned can contribute positively, the Conference by its resolution 3 (I) decided to invite also the national liberation movements to participate fully in the deliberations of the Conference and its Main Committees, it being understood that only delegations representing States were entitled to vote.

text: The International Committee of the Red Cross, which had prepared the two draft Additional Protocols, participated in the work of the Conference in an expert capacity.

text: The Conference drew up the following instruments:

text: Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (

text: Protocol I

text: ) and Annexes I and II;

text: Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (

text: Protocol II

text: These Additional Protocols were adopted by the Conference on 8 June 1977. They will be submitted to Governments for consideration and will be open for signature on 12 December 1977, at Berne, for a period of twelve months, in accordance with their provisions. These instruments will also be open for accession, in accordance with their provisions.

text: DONE AT GENEVA, on 10 June 1977, in Arabic, English, French, Russian and Spanish, the original and accompanying documents to be deposited in the Archives of the Swiss Confederation.

text: IN WITNESS WHEREOF, the representatives have signed this Final Act.

text: Final Act

summary: Soon after the adoption of the four Geneva Conventions of 1949 it became clear that additional rules would be necessary for the protection of the civilian population against the effects of hostilities. The Geneva Conventions are concerned only with persons in the power of a party to a conflict, the only exception being Part II (Articles 13-26) of the Fourth Geneva Convention which deals with the protection of the population against certain consequences of war. In 1956, the ICRC, with the approval of the International Conference of the Red Cross, submitted to the governments the Draft Rules for the Limitation of the Dangers Incurred by the Civilian Population in Time of War. The time was not ready, however, for their adoption as an international convention. It was only in the mid-1960's that the interest in the law of armed conflicts awoke as a consequence of the conflicts in Vietnam, the Middle-East, Nigeria and other parts of the World, later also in connection with the struggles against colonial and alien domination and racist regimes. In 1965, the International Conference of the Red Cross adopted a resolution urging the ICRC to pursue the development of international humanitarian law. In 1968, the International Conference on Human Rights at Tehran, convened by the United Nations General Assembly, emphasized the need for additional humanitarian conventions, and in the same year, the General Assembly supported this request. In 1969, the International Conference of the Red Cross asked the ICRC to work out proposals for the completion of the humanitarian law and to convene government and other experts for consultation on such proposals. On the basis of these and later resolutions, the ICRC convened two successive conferences of government experts in Geneva (24 May - 12 June 1971, and 3 May - 3 June 1972) in order to prepare two draft protocols additional to the Geneva Conventions, one on international armed conflicts, the other on non-international armed conflicts. In 1973, the ICRC published the two draft protocols and the Swiss Federal Council convened the Diplomatic Conference which held four sessions from 1974 to 1977. The dates of the sessions and the States represented at them are indicated in the Final Act. The two Protocols were adopted by consensus on 8 June 1977. The Final Act was signed on 10 June 1977 by the representatives of 102 States and of 3 National Liberation Movements. The two Protocols were opened for signature on 12 December 1977. The Final Act has no force of law.