Why is illegal for CS gas (tear gas) to be used in warfare but countries can use it on their domestic population?

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Answer 1

So firstly, the 1925 Geneva convention banned the use of gaseous chemical weapons in warfare, but did not specify what chemicals actually constituted chemical weapons. As such, it has been a longterm debate as to whether or not the Geneva convention should apply to CS gas.

The 1993 Chemical Weapons Convention (CWC) officially classifies CS gas as a Riot Control Agent (RCA) and prohibits the use of RCAs “as a method of warfare”.

That last phrase is important, because it has led to debate as to what exactly defines “a method of warfare”. The United States has taken the position that a method of warfare means waging war on an opposing country or force, and therefore reserves its right to use RCAs in a defensive setting.

Otherwise, RCAs are a nonlethal weapon in law enforcement use, but in military applications they can be unpredictable and obstructive. As an example, some of the biggest points to take away from warcrimes are “don’t fuck with medics” and “dont fuck with surrendered soldiers”, but gas can prevent medics from fulfilling their duties, it may prevent soldiers from recognizing medics, it can prevent soldiers from recognizing an attempt to surrender, all of which lead to unnecessary loss of life.