[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.