CROWD CONTROL TECHNOLOGIES - Omega Research Foundation

3.2 The International Committee Of The Red Crosss (ICRC) SIrUS Project. The ICRC is already
beginning to explore the extent to which their SIrUS Project ("Superficial Injury or Unnecessary
Suffering") can be applied to specific effects caused by 'less-lethal weapons'. Their concern regarding
superfluous injury and unnecessary suffering relates to design-dependent effects of specific weapons
on health. 62 Based on considerable experience, ICRCs view is that conventional weapons are not
necessarily fatal. Their statistics gathered as part of the SIrUS project indicate that the proportion of
wounded who die in the field from injuries inflicted by so called lethal weapons is less than 25%, 60% of
those wounded by conventional weapons suffer no )permanent injury( and go on to complete physical
recovery. Such findings underline the fact that so called non-lethal weapons cannot be considered as
a separate unique category of weapons but rather according to ICRC as new weapons coming within
the scope of the existing laws of war. Whilst any non lethal weapons need to be measured against the
norms and principles of international humanitarian law particularly before they can be used in United
Nation mandated operations, it has to be recognised in this context that much of international
humanitarian law is only applicable to armed conflicts where war has been declared. 63
3.3 International Human Rights Law & Crowd Control Weapons Of The Future. The development
of certain types of weapons such as radio frequency, acoustic or directed energy weapons like the
plasma gun, depends on a knowledge of patho-physiological or psychological effects. A victim may not
even be aware that an attack is taking place or be able to surrender and, if wounded, may not be able
to seek medical assistance. Unlike other restrictions on weapons created in biomedical laboratories
such as chemical and biological weapons, no specific international treaty yet applies. However, some
of these weapons present the risk of permanent disability or long lived post traumatic stress syndrome
(PTSS) which will require specialised treatment. For example those subject to electro-shock torture with
stun batons or targeted by sticky foam and left adhered to the ground all day under a tropical sun, are
likely to suffer some PTSS requiring specialist treatment if that person is to be fully rehabilitated and not
suffer flashbacks. In the light of continued development of non lethal weapons, ICRC are proposing
64 65
amendments to the SIrUS proposals.
3.4 International Legal Prohibitions Against Torture & Blinding Systems. The practice of torture is
already covered by the Code of Conduct for Law enforcement Officials, adopted by the UN in 1979;
Article 5 of the Universal Declaration of Human Rights; Article 7 of the Convention of Civil and Political
Rights; Article 3 of Human Rights European Convention and the principles of medical ethics adopted
by the UN General Assembly in 1982. More specifically torture is banned by the Convention Against
Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (12 th April 1949); and the
1997 European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment. This report submits that the use of torture weaponry is also covered by 'The Certain
Conventional Weapons Convention (Inhumane Weapons Convention) of 1980. Some crowd control
technologies are also covered by the provisions of international legislation which encompasses their
modus operandi. For example, the Blinding Laser Weapon Ban of 1995 has implications for future UV
tetanizing lasers which can induce electroshock in human muscle tissue at a distance.
3.5 Limits Imposed by Provisions of the Chemical Weapons Convention (CWC). Careful
interpretation of this international legislation is required to determine the extent to which it
encompasses current and future crowd control weapons. For example, the Biological Weapons
Convention of 1972 applies to weapons which use plant toxins to create dispersal effects and the
Chemical Weapons Convention of 1993, (updating and extending the Geneva Protocols of 1925) has
implications for mass use of calmative drugs or rocket delivered pre-encapsulated chemical
immobilising agents. 66 Within the CWC, riot agents are classified as toxic chemicals, falling under the
general purpose criterion. 67 Although the CWC makes specific exceptions which allow the usage of
chemicals for law enforcement purposes, the treaty does not define exactly what is meant by 'law
enforcement'. 68 This issue becomes particularly vexed in relation to so-called peacekeeping
operations, where the line between law enforcement and use as a method of warfare can become
blurred should UN troops be deployed between hostile factions. This has happened in recent times,
for example on 28 August 1997 the NATO SFOR contingent had to evacuate part of its International
Police Task Forces from the Bosnian Serb town of Brcko. After clashes erupted between civilians and
NATO peacekeeping forces, US helicopters dropped teargas and soldiers fired warning shots to effect
xviii