[Public Papers of the Presidents of the United States: William J. Clinton (1994, Book I)]
[June 23, 1994]
[Pages 1127-1128]
[From the U.S. Government Publishing Office www.gpo.gov]



Message to the Senate on the Impact of the Chemical Weapons Convention 
on the Use of Riot Control Agents
June 23, 1994

To the Senate of the United States:
    Upon transmitting the Chemical Weapons Convention (CWC) to the 
Senate November 23, 1993, I indicated that the Administration was 
reviewing the impact of the Convention on Executive Order No. 11850, of 
April 8, 1975, which specifies current U.S. policy regarding the use of 
riot control agents (RCAs) in war, and would submit the results of that 
review separately to the Senate. The purpose of this letter is to inform 
the Senate of the outcome of that review.
    Article I(5) of the CWC prohibits Parties from using RCAs as a 
``method of warfare.'' That phrase is not defined in the CWC. The United 
States interprets this provision to mean that:
    --The CWC applies only to the use of RCAs in international or 
        internal armed conflict. Other peacetime uses of RCAs, such as 
        normal peacekeeping operations, law enforcement operations, 
        humanitarian and disaster relief operations, counter-terrorist 
        and hostage rescue operations, and noncombatant rescue 
        operations conducted outside such conflicts are unaffected by 
        the Convention.
    --The CWC does not apply to all uses of RCAs in time of armed 
        conflict. Use of RCAs solely against noncombatants for law 
        enforcement, riot control, or other noncombat purposes would not 
        be considered as a ``method of warfare'' and there-


[[Page 1128]]

      fore would not be prohibited. Accordingly, the CWC does not 
        prohibit the use of RCAs in riot control situations in areas 
        under direct U.S. military control, including against rioting 
        prisoners of war, and to protect convoys from civil 
        disturbances, terrorists, and paramilitary organizations in rear 
        areas outside the zone of immediate combat.
    --The CWC does prohibit the use of RCAs solely against combatants. 
        In addition, according to the current international 
        understanding, the CWC's prohibition on the use of RCAs as a 
        ``method of warfare'' also precludes the use of RCAs even for 
        humanitarian purposes in situations where combatants and 
        noncombatants are intermingled, such as the rescue of downed air 
        crews, passengers, and escaping prisoners and situations where 
        civilians are being used to mask or screen attacks. However, 
        were the international understanding of this issue to change, 
        the United States would not consider itself bound by this 
        position.
    Upon receiving the advice and consent of the Senate to ratification 
of the Chemical Weapons Convention, a new Executive order outlining U.S. 
policy on the use of RCAs under the Convention will be issued. I will 
also direct the Office of the Secretary of Defense to accelerate efforts 
to field non-chemical, non-lethal alternatives to RCAs for use in 
situations where combatants and noncombatants are intermingled.

                                                      William J. Clinton

The White House,

June 23, 1994.