Règle correspondante
Germany
Practice Relating to Rule 45. Causing Serious Damage to the Natural Environment
Germany’s Soldiers’ Manual (1991) provides: “It is prohibited to use means or methods of warfare which are intended or of a nature … to cause widespread, long-term and severe damage to the natural environment.”
Germany, Taschenkarte, Humanitäres Völkerrecht in bewaffneten Konflikten – Grundsätze, Bearbeitet nach ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, Zentrum Innere Führung, June 1991, p. 5.
Germany’s Military Manual (1992) states:
401. It is particularly prohibited to employ means or methods which are intended or of a nature … to cause widespread, long-term and severe damage to the natural environment.
…
403. “Widespread”, “long-term” and “severe” damage to the natural environment is a major interference with human life or natural resources which considerably exceeds the battlefield damage to be regularly expected in a war. Damage to the natural environment by means of warfare (Art. 35 para 3, 55 para 1 [of the 1977 Additional Protocol I]) and severe manipulation of the environment as a weapon (ENMOD) are likewise prohibited.
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, §§ 401 and 403; see also § 1020 (naval warfare).
Germany’s IHL Manual (1996) states: “It is prohibited to use means or methods of warfare which are intended or of a nature … to cause widespread, long-term and severe damage to the natural environment.”
Germany, ZDv 15/1, Humanitäres Völkerrecht in bewaffneten Konflikten – Grundsätze, DSK VV230120023, Bundesministerium der Verteidigung, June 1996, § 302.
Germany’s Soldiers’ Manual (2006) states: “It is prohibited to use means or methods which are intended or of a nature … to cause widespread, long-term and severe damage to the natural environment.”
Germany, Druckschrift Einsatz Nr. 03, Humanitäres Völkerrecht in bewaffneten Konflikten – Grundsätze, Erarbeitet nach ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, DSK SF009320187, Bundesministerium der Verteidigung, R II 3, August 2006, p. 5.
Germany’s Law Introducing the International Crimes Code (2002) provides:
Anyone who, in connection with an international armed conflict, carries out an attack with military means which may be expected to cause widespread, long-term and severe damage to the natural environment which could be excessive in relation to the overall concrete and direct military advantage anticipated, shall be liable to imprisonment for not less than three years.
Germany, Law Introducing the International Crimes Code, 2002, Article 1, § 12(3).
In 1988, a member of the German Parliament pointed out that the rules in the 1977 Additional Protocols referring to the protection of the environment were indeed new norms. He suggested that this opinion was shared by all parliamentary groups and no protest was raised.
Germany, Lower House of Parliament, Statement by Member of Parliament, Günter Verheugen, 10 November 1988, Plenarprotokoll 11/106, p. 7344, § (C).
The memorandum annexed to Germany’s declaration of ratification of the 1977 Additional Protocols referred to the rules on the protection of the environment as “new norms”.
Germany, Lower House of Parliament, Memorandum annexed to the declaration of ratification of the 1977 Additional Protocol I, 14 February 1991, BT-Drucksache 11/6770, p. 112.
In 1991, the German Minister for Family Affairs and Senior Citizens accused Saddam Hussein of “fighting not according to the methods of international humanitarian law, but … of terrorism”, referring, inter alia, to the “massive destruction of the environment by Iraqi forces”.
Germany, Statement by the Federal Minister for Family Affairs and Senior Citizens, Hannelore Rönsch, 5 February 1991, Bulletin, No. 18, Presse- und Informationsamt der Bundesregierung, Bonn, 19 February 1991, p. 124.
The German Minister for the Environment accused Saddam Hussein of “brutal terrorism … against the environment”.
Germany, Lower House of Parliament, Statement by the Federal Minister for the Environment, Protection of Nature and Nuclear Safety, Dr. Klaus Töpfer, 31 January 1991, Plenarprotokoll 12/6, p. 191.
Germany’s Military Manual (1992) states:
401. It is particularly prohibited to employ means or methods which are intended or of a nature … to cause widespread, long-term and severe damage to the natural environment.
…
403. “Widespread”, “long-term” and “severe” damage to the natural environment is a major interference with human life or natural resources which considerably exceeds the battlefield damage to be regularly expected in a war. Damage to the natural environment by means of warfare (Art. 35 para 3, 55 para 1 [of the 1977 Additional Protocol I]) and severe manipulation of the environment as a weapon (ENMOD) are likewise prohibited.
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, §§ 401 and 403; see also § 1020 (naval warfare).
In its memorandum annexed to the ratification instrument of the 1976 ENMOD Convention, the Government of Germany declared that the terms “widespread”, “long-term” and “severe” were necessary to clarify the extent of the prohibition. It also underlined that only those significant cases of environmental damage or cases of deliberate attack on the environment should be covered by the relevant prohibitions.
Germany, Lower House of Parliament, Denkschrift zur ENMOD Konvention, 6 September 1982, BT-Drucksache 9/1952, p. 12.
As to the non-inclusion of a norm protecting the environment from the harmful effects caused by attacks against dams, dykes or nuclear power plants, the same memorandum stressed that the fact that such a norm was not included did not imply that these attacks were lawful under international law.
Germany, Lower House of Parliament, Denkschrift zur ENMOD Konvention, 6 September 1982, BT-Drucksache 9/1952, p. 13.
