David Hambling points to this report by Michael Crowley that discusses the challenges of addressing riot control agents (RCAs) and incapacitating chemical agents under the Chemical Weapons Convention. I think it's a load of crap - buncha lawyers arguing about what the definition of "is" is.
For example, Article 1.5 of the CWC specifically prohibits the use of “riot control agents as a method of warfare.” However, the Convention fails to define ‘method of warfare.’ Similarly, although toxic chemicals are permitted for “law enforcement including domestic riot control purposes” under Article 2.9(d), neither the term ‘law enforcement’ nor ‘domestic riot control purposes’ are defined. In this case, the ambiguity caused by a lack of definition of these terms is exacerbated by the fact that there is a potential overlap between permissible ‘law enforcement’ activities and prohibited ‘methods of war.’ Certain commentators believe that such ambiguity was intentional, accommodating the interests of certain States.
Much the report meanders on like this. Can military forces use tear gas if they are conducting law enforcement responsibilities, as one could argue the Russians did in that Moscow theater? Can law enforcement officials use incapacitants if they are participating in irregular warfare operations? WHO CARES? I know what toxic chemical warfare agents are, and I know that the US Senate got an exemption on RCAs when it ratified the CWC.
The argument I like the least is this idea by arms control enthusiasts that RCAs and incapacitants are like a gateway drug to more potent chemical warfare agents. It hasn't happened yet - the treaty wording and the specific agents that its inspectors are pretty clear. More importantly, the CWC treaty isn't something that the UN police force enforces. It's just a treaty, and if a country wants to get into offensive chemical warfare, it will do it. All this noise about RCAs and incapacitants is just an indication of CW inspectors who are bored because all the chemical weapons are going to be gone soon. And then what will they do?
There are a lot worse things than non-lethal chemical agents such as RCAs and incapacitants. In this new age of irregular warfare, it would be stupid to put these tools down because of lawyers bitching about shades of gray.




Recent Comments