A/HRC/5/5 page 5 military capacity of the other party. Today, however, in more and more cases the use of force does not have conquest of territory as an objective but rather seeks to affect decision-making process of the opponent. In these types of conflicts also called “compellance” operations, the party which launches the operations will try to put at risk what the decision makers value the most.5 In many of these operations, armed forces are not the exclusive target, but also economic interests such as factories or industrial complexes, which in turn increases the probability of dangerous chemicals being released, further threatening the enjoyment of human rights. 7. Release of toxic and dangerous products during the conduct of hostilities can be either voluntary or incidental. The aforementioned factors increase the risk that an attack on industrial sites will result in the release of chemicals, even if that was not the objective of the party which launched the attack. However, industrialization and therefore increased availability of dangerous and toxic products, has led to their intentional use in the conduct of hostilities. Although these products are for non-hostile purposes, their release into the environment is intended to provide a military advantage. 8. Amongst toxic and dangerous products, oil is one product which has been released in great quantities during armed conflicts. Its importance in modern warfare makes oil stocks the object of attacks and its prevalence in a region affected by a large number of conflicts, namely the Middle East, has increased the targeting of oil facilities during conflicts, with far-reaching environmental consequences. During the 1991 Gulf war, Iraqi forces discharged millions of barrels of crude oil6 into the waters of the Persian Gulf in what is believed to have been an attempt to thwart a possible amphibious assault on the Iraqi coast. Marine environments can be affected not only as a result of a voluntary discharge, but also as an incidental effect of an attack, for example, the targeting of oil stocks or power stations located near the coast. 9. Oil discharged in a marine environment can have severe consequences for the economy and the health of the surrounding population. Indeed, people’s health could be adversely affected, notably through inhalation of or contact with oils, but also indirectly when eating contaminated seafood. Concentrations of petroleum contaminants in fish and crab tissue, as well as contamination of shellfish could have potentially significant adverse effects on health.7 5 Michael Schmitt, The Law of Armed Conflict: Problems and Prospects (conference held at Chatham House, 18-19 April 2005). Transcript available at: http://www.chathamhouse.org.uk/pdf/research/il/ILParmedconflict.pdf. 6 This oil spill is considered by many as the largest in history. After initial estimates of 11 million barrels, most studies estimate the total spill to be between 2.5 and 4 million barrels. William M. Arkin, Damian Durrant and Marianne Cherni, On Impact: Modern Warfare and the Environment A Case Study of the Gulf War (Greenpeace, 1991) p. 63. 7 UNEP, Effects of marine oil pollution on economy and human health, Global marine information gateway http://oils.gpa.unep.org/facts/economy-health.htm#socioeconomic.

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