Home instruments 1992 chemical weapons convention categories. We meet at an important moment in the conventions life. Chemical weapons convention came into force in 1997. States can legitimately possess riot control agents and use them for domestic law enforcement purposes, but states that are members of the chemical weapons convention must declare what type of riot agents they possess.
The chemical weapons convention and riot control agents. The exception pertains to riot control agents rcas, chemical agents used to disperse crowds, temporarily incapacitate human targets, or deny access. Chemical warfare agents cwa are some of the most nefarious weapons of mass destruction. To engage in any military preparations to use chemical weapons. Consequently, incapacitating agents have been banned by international treaties recognized by the usa, including the chemical weapons convention cwc. The legal paradox of international chemical riot control.
Furthermore, each state party to the convention undertakes to destroy. Any chemical not listed in a schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure. Certain characteristic features of nonlethal chemical weapons are also encountered in socalled riot control agents rca. Products of concern have been manufactured in a range of countries since the coming into force of the cwc in 1997, including china, india, the russian federation, serbia, turkey, and. Advice from the scientific advisory board of the organisation. The objective of the chemical weapons convention cwc is to rid the world. In the us, when pepper spray is used in the workplace, osha requires a pepper spray material safety data sheet msds be available to all employees. Riot control agents rcas are potent sensory irritants normally with relatively low lethality that produce dose and timedependent acute sitespecific toxicity. Regulation of incapacitants and riot control agents under the. Each state party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its.
These include choking agents, blister agents, blood agents, nerve agents, incapacitants, riotcontrol agents, and herbicides. Two days later, on december 12, the committee voted unanimously to send the protocol and the convention to the senate floor and on december 16 the senate voted. They can rapidly produce sensory irritation or disabling. If states parties come to act on differing interpretations of the. Some take the view that only riot control agents may be used for this purpose. Riot control agents rcas such as cs were the topic of long and heated debates during cwc negotiations. These chemicals disperse a crowd that could be protesting or rioting, or to clear a building.
This thoroughly researched study highlights the international communitys failure to regulate contemporary state research, development, marketing andor deployment of riot control agents and incapacitating chemical agent weapons. The use of riot control agents rcas as a method of warfare is prohibited under the chemical weapons convention cwc. Knowing how to identify riot control weapons weapons can explode or be hot. Riot control agents are defined under article ii7 as. Arms control and disarmament international humanitarian law the 1992 chemical weapons convention prohibits the development, production, stockpiling, transfer and use of chemical weapons and requires states parties to destroy chemical weapon stockpiles. Riot control and incapacitating chemical agents under the chemical weapons convention donald a. An act to give effect to the convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction and to provide for. The chemical weapons convention in no way limits use of tear gas or other temporarily disabling chemicals by police forces for purposes of domestic riot control. Directorate of strategic analysis this publication contains sensitive information that shall be protected in accordance with prescribed regulations. Riot control agents and chemical weapons arms control in the unit produced by the berkeley electronic press, 2012. The convention also prohibits the use of riotcontrol agents as a method of warfare art. To save the mankind and the world from these deadly chemicals, an international treaty, known as chemical weapons convention cwc came into the existence in april 1997 234. All states parties to the chemical weapons convention cwc commit to a world free of chemical weapons.
Challenges to the chemical weapons ban, which was organised by the organisation for the prohibition of chemical weapons and which took place at the peace palace in the hague on 1 may 2003, on the. Since world war i, several types of chemical agents have been developed into weapons. Open forum on the cwc 2 1 may 2003 open forum on the chemical weapons convention his publication is a verbatim transcript of the open forum on the chemical weapons convention. Riot control agents and chemical weapons arms control in. Regulation of wide area riot control agents under the chemical weapons convention, report, 20. Fry university of hong kong faculty of law follow this and additional works at. Imperfections in international arms control agreements are a common outcome of multilateral negotiations. Riot control agents are allowed under the chemical weapons convention for domestic law enforcement purposes and are used around the world. As a result, there remain differing interpretations of what this provision allows. Chemical weapons convention cwc, international treaty that bans the use of chemical weapons in war and prohibits all development, production, acquisition, stockpiling, or transfer of such weapons. Weapons convention, or cwc was signed and later ratified by the u.
In addition, the military police field manual also stated that. The organisation for the prohibition of chemical weapons is a success story. A section on the use of incapacitating chemicals was dropped from the final convention update document. Others argue that an unspecified wider range of toxic 2 the chemical weapons convention defines riot control agents as. Ikle testified that the president, under an earlier directive still in force, must approve in advance any use of riotcontrol agents and chemical herbicides in war. Non lethal warfare and the chemical weapons convention. More specifically, since the almost unanimous acceptance and ratification of the chemical weapons convention in 1993, states have agreed to a prohibition of use of chemical riot control agents as a method of warfare, yet, refuse to legislate and enforce such a prohibition for times of peace. This book explains the importance of transparency on these chemicals, as well as on riot control agents and their means of delivery, and suggests how both types of weapon could be brought under effective international. Riot control agents and the chemical weapons convention. Chemical control regulation of incapacitating chemical. With this riotid guide you can begin to identify these weapons. In rare cases, immediate and delayed bronchospasm has been reported following tear gas use, up to 1224 hours later, but this is uncommon. Article ii7 of the 1993 chemical weapons convention defines riot control agent as.
At issue were their inclusion in the treaty and the. While serious systemic effects are uncommon, exposure to high concentrations may lead to severe complications and even death. Part of the international humanitarian law commons, and the military, war, and peace commons recommended citation. They can rapidly produce sensory irritation or disabling physical effects which usually disappear within 15. To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a state party under this convention. The chemical weapons convention has proven to be an important defence against the horrors of chemical warfare, vitally important for protecting both military. In modern warfare, chemical weapons were first used in world war i 191418, during which gas warfare inflicted more than one million of the casualties suffered by combatants in that conflict and killed an estimated 90,000. States parties are further obligated to update the declaration not later than 30 days after any change becomes effective. Board sab of the organisation for the prohibition of chemical weapons opcw in response to requests in 2014 and 2017 by the opcw directorgeneral to advise which riot control agents rcas might be subject to declaration under the chemical weapons convention the convention. Forces, riotcontrol agents, and the chemical weapons convention james d. But terrorists not nations offer a bigger chemical weapon threat, warns an expert.
The convention, however, permits the employment of such chemicals for law enforcement including domestic riot control purposes, provided they are used in types. The cwc was adopted by the united nations conference on disarmament on september 3, 1992, and the. Riot control agents and chemical weapons arms control in the. Specifically, the cwc has placed a ban on the development, production, and possession of any chemical weapon intended to cause death or temporary incapacitation. There was no discussion of ways to deliver riotcontrol agents. Specifically, the cwc has placed a ban on the development, production, and possession of any chemical weapon intended to.
In the us, when pepper spray is used in the workplace, osha requires a pepper spray material safety data. Principal provisions of the 1993 chemical weapons convention 6 regarding chemicals that may be used for domestic riot control or for other law enforcement purposes 3. The convention, however, permits the employment of such chemicals for law enforcement including domestic riot control purposes, provided they are used in types and quantities consistent with such purposes. Incapacitating agents an overview sciencedirect topics. Open forum on the chemical weapons convention university of. This can cause confusion, because rca have a separate definition and regimen under the cwc. Riot control agents, such as tear gas, are considered chemical weapons if used as a method of warfare.
States parties are further obligated to update the declaration not later than 30. Chemical weapon, any of several chemical compounds, usually toxic agents, that are intended to kill, injure, or incapacitate enemy personnel. Most commonly used riot control agents are pepper spray and various kinds of tear gas. The development of incapacitating chemical agent based weapons presents a serious threat to the chemical weapons convention. Try with and without flash photograph all sides of the. The use of riotcontrol agents for enforcing domestic law is explicitly permitted by the 1997 chemical weapons convention.
A summary report of characteristics and effects congressional research service summary the potential for terrorist use of chemical agents is a noted concern highlighted by the tokyo sarin gas attacks of 1995. Scientific advisory board organisation for the prohibition of. Because riot control agents are irritant in nature, they can cause a subjective sense of being unable to breathe. Introduction 2chloroacetophenone cn, o chlorobenzylidene malonitrile cs and oleoresin capsicum oc are common riot control agents. The usa considers these broad incapa citating agents as chemical warfare agents cw as. Choking agents were employed first by the german army and later by the allied forces in world war i. Yet, an important loophole in the convention could threaten the gains made in attaining the conventions stated goal to exclude completely the possibility of the use of chemical weapons. Chemical agents 12 riot control agents 12 incapacitating agents 16 calmatives 18 malodorants 20 oleoresin capsicum 21 table 3. Department of commerce may require a license to export the following chemicals listed in category 1 one of the export administration regulations ear. Jeffrey gettleman, kenya investigates use of tear gas on schoolchildren, the new york times, january 20, 2015. A summary report of characteristics and effects congressional research service 3 synthesis and specialized equipment to contain the nerve agents produced.
It is the policy of the united states that riot control agents are not chemical weapons and that the president may authorize their use as legitimate, legal, and nonlethal alternatives to the use of force that, as provided in executive order no. The use of riot control agents rcas as a method of warfare is prohibited under the. Regulation of incapacitating chemical agent weapons, riot control agents and their means of delivery basingstoke, hampshire. The use of riot control agents for enforcing domestic law is explicitly permitted by the 1997 chemical weapons convention. Mace, ochlorobenzylidene malonitrile cs and oleoresin capsicum oc. But the language used to exempt other lawenforcement purposes has created an ambiguity in the heart of the convention. Riot control agents sometimes called rcas are nonlethal lachrymatory agents used for riot control. The events of september 11, 2001, increased congressional attention. Chemical weapons convention fails to address key issues. An act to give effect to the convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction and to provide for matters connected therewith or incidental thereto. A riot control agent is defined as any chemical not listed in a schedule which can produce rapidly in humans sensory irritation or disabling. Each state party undertakes not to use riot control agents as a method of warfare. Pepper spray is banned for use in war by article i.
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