    [Weekly Compilation of Presidential Documents Volume 30, Number 25 (Monday, June 27, 1994)]
    [Pages 1337-1338]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Message to the Senate on a Review of the Impact of the Chemical Weapons
    Convention

    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 (RACs) 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 therefore 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

    [[Page 1338]]

          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 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.