Chemical control. Exploring mechanisms for the regulation of riot control agents, incapacitants and related means of delivery.

Abstract

A holistic arms control (HAC) analytical framework was employed to explore the full range of mechanisms that could potentially be utilised to effectively regulate the development, stockpiling, transfer or use of riot control agents (RCAs), incapacitants and related means of delivery. From this analysis it is clear that the Chemical Weapons Convention (CWC) and its attendant regime are the most appropriate and probably the most receptive mechanisms, at least in the short term, for the discussion of these concerns and the development of appropriate policy responses.

However, the response of CWC States Parties to these issues is by no means certain and parallel processes should be established to explore alternative regulatory mechanisms with the Biological and Toxin Weapons Convention, UN drugs conventions, international and regional human rights instruments, international humanitarian law, and transfer controls potentially yielding positive results in the next five to ten year period. Other regimes that may well prove important in the longer term include: the international criminal court and other international criminal law entities; the UN Secretary General¿s investigation mechanism and other ad hoc UN investigatory mechanisms.

A comprehensive HAC strategy for the regulation of RCAs, incapacitants and related means of delivery will also require active involvement of informed and activist civil society in societal verification; development and promotion of norms prohibiting the involvement of scientific and medical communities in weaponisation programmes intended for malign application; and far greater active engagement of such expert communities in relevant State and international policy development processes.