in which "combatants" may be involved will most likely not be
approved.b. Military Operations Other Than War (MOOTW). During MOOTW
operations, the CWC and EO 11850 do NOT apply. Rather, CJCSI
3 110.07A applies to RCA use during MOOTW operations. The
authorization for RCA use during a MOOTW may be at a lower level than
the President. CJCSI 3 1 10.07A states the United States is not restricted
by the Chemical Weapons Convention in its use of RCAs, including
against combatants who are a party to a conflict, in any of the following
cases:
(1)The conduct of peacetime military operations within an area of
ongoing armed conflict when the United States is not a party to the
conflict.(2)Consensual peacekeeping operations when the use of force is
authorized by the receiving state including operations pursuant to
Chapter VI of the UN charter.(3)Peacekeeping operations when force is authorized by the Security
Council under Chapter VII of the UN charter.(4)These allowable uses are drawn from the language of the Senate's
resolution of advice and consent for ratification of the CWC (S. Exec.
Res. 75 - Senate Report section 3373 of 24 April 1997). The Senate
required that the President certify when signing the CWC that the
CWC did not restrict in any way the above listed uses of RCA. In
essence, then, the Senate made a determination that the listed uses
were not "war," triggering the application of the CWC.(a) The implementation section of the resolution requires that the
President not modify E.O. 11850. See S. Exec Res. 75, section 2
(26)(b).(b)The President's certification document of 25 April 1997 states that
"the United States is not restricted by the convention in its use of
riot control agents in various peacetime and peacekeeping
operations. These are situations in which the U.S. is not engaged in
the use of force of a scope, duration, and intensity that would
trigger the laws of war with respect to US. forces."