- hot Control Agents (RCA). Use of riot control agents by U.S. troops is
governed by four key documents. In order to determine which documents
apply to the situation at hand, you must first answer one fimdamental
question: is the U.S. currently engaged in war? If so, use of RCA is
governed by the CWC and Executive Order 1 1850. If not, then use of RCA
is governed by CJCSI 3 110.07A, and, more tangentially, by the Senate's
resolution of advice and consent to the CWC.
a. War. In determining if the U.S. is at war for purposes of use of RCA, the
question is whether the international armed conflict the U.S. is involved in
is of a scope, duration, and intensity to be an operation that triggers the
application of the law of war (a CA 2 conflict).
(1)CWC. As noted above, the CWC prohibits use of RCA as a "method
of warfare." The President decides if a requested use of RCA qualifies
as a "method of warfare." As a general rule, during war, the more it
looks like the RCA is being used on enemy combatants, the more
likely it will be considered a "method of warfare" and prohibited.
(2) Executive Order 1 1850. Guidance also exists in EO 1 1850. Note that
EO 1 1850 came into force nearly 20 years before the CWC. EO
1 1850 applies to use of RCA and herbicides. It requires Presidential
approval before use and only allows for RCA use in armed conflicts in
defensive military modes to save lives, such as:
(a) controlling riots;
(b) dispersing civilians where the enemy uses them to mask or screen
an attack;
(c) rescue missions for downed pilots, escaping PWs, etc.; and
(d)for police actions in our rear areas.
(3)The rationale for the prohibition against use of RCA on the battlefield
- we do not want to give states the opportunity for subterfuge. Keep
all chemical equipment off the battlefield, even if it is supposedly only
for use with RCA. Secondly, we do not want an appearance problem -
with combatants confusing RCA equipment as equipment intended for
chemical warfare. EO 1 1850 is still in effect and RCA can be used in
certain defensive modes with presidential authority. However, any use
