International Human Rights Widespread"encompassing an area on the scale of several hundred square kilometers Long-term"lasting for a period of months, or approximately a season; Severe"involving serious or significant disruption or harm to human life, natural and economic resources or other assets to the ENMOd Convention and is not intended to prejudice the interpretation of similar terms if used in another s limit Regrettably, the interpretive value of the CCD Understanding is curtailed by the fact that it stipulates that its use is limited international agreement. 45 As the ENMOD Convention deals with"extraordinary manipulations of the natural environment for military purposes, such as creating floods, it is unclear what weight, if any, it would be given by the [CC]. 46 As it turns out, greater interpretive guidance may be obtained from commentaries on Protocol I, especially since its language is, like the Rome Statute's, conjunctive in nature. From an environmental perspective, the prohibitions in Protocol I are more circumscribed than those of ENMOD. For example, "long-term"has been interpreted by the ICrC as meaning lasting for" decades rather than months. 47 The"widespread""and"long-term" principles attempt to ascribe temporal and geographic limitations to environmental harm which, for the most part, does not know such boundaries. As the planet constitutes one single ecosystem, environmental degradation of one part of the earth ultimately affects the entire planet. 48 The"severe "requirement could esources na en ve and this notwithstanding its biodiversity or species-importance. The anthropocentric limitation of"severe"damage to that which affects human life and human consumption of natural resources underscores a more general shortcoming with much of the existing framework of environmental protection during wartime - namely that this protection is not geared to protecting the environment per se, but, rather, humanitys need to make use of it. More troubling is that state practice in some of the signatories to the Rome Statute ascribes the anthropocentric limitation to the totality of the material element of Article 8(2 )(b (iv ) For example, the German Military Manual states that: "Widespread,, "long-term,, andsevere damage to the natural environment is a major interference with human life or natural resources. 49 An additional phrase that requires definition is"natural environment. In its report detailing the work of its 43rd Session the ilc offered a broad definition of "natural environment. 50 This definition focused both on the human environment as well as on the natural environment per se. 51 Having such a broad definition is necessary for Article 8(2)(b)(iv) to fully encompass environmental security as opposed to only covering the protection of human environments(e.g. cities, dwellings, private property) from destruction. The ilC definition of the"natural environment is as follows ds "natural environment" should be taken broadly to cover the environment of the human race and where the human race develops, as well as areas ration of which is of fundamental importance in protecting the environment. These words therefore cover the seas, the atmosphere, climate, forests and ant cover, fauna, flora and other biological elements. 52 It will be important to develop a memorandum of understanding under the rome Statute in which the scope of"natural environment, " widespread, "long-term, "and"severe"is spelled out. The ongoing Preparatory Commission sessions provide an appropriate forum for such discussions. In fact, the Preparatory Commission intends to"ensure the formulation of generally acceptable elements of crimes on Article 8, as part of a complete set of elements of crimes for all crimes, laid down in the [Rome] Statute. 53 Unfortunately, thus far specific discussion of the environmental war crime provision has been very limited. 54 Nonetheless, it is essential to the viability of Article 8(2)(b)(iv) that the definition of //ww.nsulaw nova edu/student/organizations/IL SAjournal/6-2/Drumbl %206-2 htm (5 of 27)[4/16/2001 10: 12: 22 PM1. “Widespread” encompassing an area on the scale of several hundred square kilometers; 2. “Long-term” lasting for a period of months, or approximately a season; 3. “Severe” involving serious or significant disruption or harm to human life, natural and economic resources or other assets. Regrettably, the interpretive value of the CCD Understanding is curtailed by the fact that it stipulates that its use is limited to the ENMOD Convention and is not intended to prejudice the interpretation of similar terms if used in another international agreement.45 As the ENMOD Convention deals with “extraordinary manipulations of the natural environment for military purposes, such as creating floods, it is unclear what weight, if any, it would be given by the [ICC].”46 As it turns out, greater interpretive guidance may be obtained from commentaries on Protocol I, especially since its language is, like the Rome Statute’s, conjunctive in nature. From an environmental perspective, the prohibitions in Protocol I are more circumscribed than those of ENMOD. For example, “long-term” has been interpreted by the ICRC as meaning lasting for “decades rather than months.”47 The “widespread” and “long-term” principles attempt to ascribe temporal and geographic limitations to environmental harm which, for the most part, does not know such boundaries. As the planet constitutes one single ecosystem, environmental degradation of one part of the earth ultimately affects the entire planet.48 The “severe” requirement could mean that damage to an isolated section of the global commons whose natural resources have not yet been valued by global financial markets could escape punishment; and this notwithstanding its biodiversity or species-importance. The anthropocentric limitation of “severe” damage to that which affects human life and human consumption of natural resources underscores a more general shortcoming with much of the existing framework of environmental protection during wartime - namely that this protection is not geared to protecting the environment per se, but, rather, humanity’s need to make use of it. More troubling is that state practice in some of the signatories to the Rome Statute ascribes the anthropocentric limitation to the totality of the material element of Article 8(2)(b)(iv). For example, the German Military Manual states that: “’Widespread’, ‘long-term’, and ‘severe’ damage to the natural environment is a major interference with human life or natural resources.”49 An additional phrase that requires definition is “natural environment.” In its report detailing the work of its 43rd Session, the ILC offered a broad definition of “natural environment.”50 This definition focused both on the human environment as well as on the natural environment per se.51 Having such a broad definition is necessary for Article 8(2)(b)(iv) to fully encompass environmental security as opposed to only covering the protection of human environments (e.g. cities, dwellings, private property) from destruction. The ILC definition of the “natural environment” is as follows: The words “natural environment” should be taken broadly to cover the environment of the human race and where the human race develops, as well as areas the preservation of which is of fundamental importance in protecting the environment. These words therefore cover the seas, the atmosphere, climate, forests and other plant cover, fauna, flora and other biological elements.52 It will be important to develop a memorandum of understanding under the Rome Statute in which the scope of “natural environment,” “widespread,” “long-term,” and “severe” is spelled out. The ongoing Preparatory Commission sessions provide an appropriate forum for such discussions. In fact, the Preparatory Commission intends to “ensure the formulation of generally acceptable elements of crimes on Article 8, as part of a complete set of elements of crimes for all crimes, laid down in the [Rome] Statute.”53 Unfortunately, thus far specific discussion of the environmental war crime provision has been very limited.54 Nonetheless, it is essential to the viability of Article 8(2)(b)(iv) that the definition of International Human Rights http://www.nsulaw.nova.edu/student/organizations/ILSAjournal/6-2/Drumbl%206-2.htm (5 of 27) [4/16/2001 10:12:22 PM]