Chemical Weapon Convention Treaty

The Use of Riot Control Agents by U.S. Military

The Chemical Convention Treaty (Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction) states under Article II, Section 7 and Article I, Section 5, that riot control agents (RCA) are defined as, any chemical not listed in the Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure. Oleoresin Capsicum (pepper extract) is not listed under the Schedule and is therefore classified as a riot control agent. The Treaty further explains that riot control agents should not be used during war as a method of warfare, however the use of RCA is not prohibited when used for law enforcement including domestic riot control purposes.

In the latter part of 1974 however, the Ford Administration launched a new initiative to obtain Senate consent to ratification of the Geneva Protocol (Protocol For The Prohibition Of The Use In War Of Asphyxiating, Poisonous Or Other Gases, And Of Bacteriological Methods Of Warfare). On December 16 the Senate voted approval of the protocol unanimously. The protocol and the convention were ratified by President Ford on January 22, 1975. The U.S. instrument of ratification of the convention was deposited on March 26, 1975, and of the protocol on April 10, 1975.

It was ratified that, although RCA cannot be used during war or as an instrument of warfare, the new protocol allows the use of RCA in defensive military modes, in order to save lives, such as:

Use of riot-control agents in riot-control circumstances to include controlling rioting prisoners of war. This exception would permit use of riot-control agents in riot situations in areas under direct and distinct U.S. military control;
Use of riot-control agents in situations where civilian casualties can be reduced or avoided. This use would be restricted to situations in which civilians are used to mask or screen attacks;
Use of riot-control agents in rescue missions. The use of riot-control agents would be permissible in the recovery of remotely isolated personnel such as downed aircrews (and passengers);
Use of riot-control agents in rear echelon areas outside the combat zone to protect convoys from civil disturbances, terrorists and paramilitary organizations."