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sudo wrote (edited )

Treaties like the Geneva Protocol only apply to warfare (meaning an international armed conflict). They do not apply to domestic policing.

Edit: I realized that the OP specifically asked about the Chemical Weapons Convention, not the Geneva Protocol. The reason why is because CS Gas isn't on the list of Schedule 1, 2, or 3 substances, so production of the gas is not restricted under that protocol.


Fossidarity wrote

Then what about a civil war? Is that seen as an international armed conflict?


sudo wrote

That seems to be a bit of a legal grey area. According to this article, "The ICRC concluded in 2005 that customary international humanitarian law includes a ban on the use of chemical weapons in internal as well as international conflicts, and an appellate chamber in the International Criminal Tribunal for the former Yugoslavia (ICTY) noted in 1995, in Prosecutor v. Tadic, that ‘there had undisputedly emerged a general consensus in the international community on the principle that the use of chemical weapons is also prohibited in internal armed conflicts’." So, it seems that there is no de jure ban on chemical weapons use in civil wars, but rather a de facto one (the ban is understood to extend to civil wars).


kore OP wrote

The chemical weapons convention does not specifically mention warfare in the section banning the production and use of chemical weapons. All production and use is prohibited. I've been doing some research and I think the distinction lies in that the chemical weapons convention only applies to states so local police departments are not subject to it. It is up to the country to legislate that.


sudo wrote (edited )

I was specifically referring to the Geneva Protocol, not the CWC. The Geneva Protocol bans their use in warfare; the CWC bans or limits their production. But regarding the CWC, I don't think that CS Gas is considered a "schedule" substance at all, so production of it isn't limited or banned.

Edit: Whoops, I just realized that your original question was about the Chemical Weapons Convention. Sorry for the confusion.


Pop wrote

I'll guess because they aren't considered lethal