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Because it is assumed that a State using that against its own citizens would exercise due caution in the type of gas used, the deployment methods, the circumstances, etc. Tear gas in a riot situation is only really used for dispersal, so that people would leave a specific area and/or would break up their assembly. You just have to walk away to be able to breathe and the effects, although not pleasant, don’t last too long and go away without any special treatement.
In warfare however, there are very few rules coutries are willing to abide by. We’re talking about planes smoking entire towns and leaving people to suffocate, eventually dying from it. That’s why it’s under the same rules as most chemical agents used in war, like nerve agents.
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