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6.17 HERBICIDESThe United States has renounced, as a matter of national policy, first use of herbicides inwar except use, under regulations applicable to their domestic use, for control of vegetationwithin U.S. bases and installations or around their immediate defensive perimeters. 4016.17.1 Definition of Herbicide. An herbicide is a chemical compound that will kill ordamage plants. Herbicides that are harmless to human beings are not prohibited under the ruleagainst the use of poison or poisoned weapons. 4026.17.2 Chemical Weapons Convention and Herbicides. The Chemical WeaponsConvention does not add any new constraints on the use of herbicides. 403 The ChemicalWeapons Convention addresses toxic chemicals that cause death, temporary incapacitation, orpermanent harm to humans or animals, rather than plants. 404 Moreover, even if an herbicidewere such a toxic chemical, its use would likely be for a purpose not prohibited by the ChemicalWeapons Convention. 4056.17.3 ENMOD Convention and Herbicides. Under certain circumstances, the use ofherbicides could be prohibited by the ENMOD Convention. 406 However, the use of herbicides tocontrol vegetation within U.S. bases and installations or around their immediate defensiveperimeters has been understood by the United States to be permitted under international law. 407401 Executive Order 11850, Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents,40 FEDERAL REGISTER 16187 (Apr. 8, 1975) (“The United States renounces, as a matter of national policy, first useof herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation withinU.S. bases and installations or around their immediate defensive perimeters.”).402 Refer to § 6.8.1.2 (Death or Permanent Disability to Persons).403 Article-by-Article Analysis of the Chemical Weapons Convention, 2-3, Attachment to Peter Tarnoff, Acting,Letter of Submittal, Nov. 20, 1993, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CHEMICAL WEAPONSCONVENTION 2-3 (“The seventh preambular paragraph, although not legally binding, nevertheless recognizes theprohibition, embodied in the pertinent agreements and relevant principles of international law, of the use ofherbicides as a method of warfare. Thus, the Convention does not add any new constraints on the use ofherbicides.”).404 Refer to § 6.8.3.1 (Definition of Chemical Weapons).405 Refer to § 6.8.3.4 (Certain Uses of Toxic Chemicals Not Prohibited).406 Second Review Conference of the Parties to the ENMOD Convention in September 1992, Final Declaration,(“The Conference confirms that the military or any other hostile use of herbicides as an environmental modificationtechnique in the meaning of Article II [of the ENMOD Convention] is a method of warfare prohibited by Article I[of the ENMOD Convention] if such use of herbicides upsets the ecological balance of a region, thus causingwidespread, long-lasting or severe effects as the means of destruction, damage or injury to any other State Party [tothe ENMOD Convention].”).407 Article-by-Article Analysis of the Chemical Weapons Convention, 3, Attachment to Peter Tarnoff, Acting, Letterof Submittal, Nov. 20, 1993, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CHEMICAL WEAPONS CONVENTION3 (“It is the understanding of the United States that the uses of herbicides proscribed [sic] in Executive Order 11850do not cause such effects [that would violate the ENMOD Convention] and are allowed under international law.”).392