The widespread, long-term, and severe criteria of AP-I and
would not be governed by AP-I since it lacks one of the three elements.
Another distinction between AP-I and ENMOD's use of this
incorporated into AP-I by default, (100) the fact that the Understanding
course of war, would not have met either AP-I or ENMOD's threshold.
was widespread and severe, the long-term test for AP-I was not
of a vulnerable environment but if AP-I and ENMOD could not have
AP-I's prohibition even if it were interpreted to encompass the
As neither AP-I nor ENMOD were applicable to the environmental
including generations unborn." (131) As discussed above, AP-I
widespread, long-term, and severe damage threshold of AP-I is helpful.
where AP-I's prohibition would not cover damage to the Arctic: the