5cjxburmr

advice and consent to ratification, required that the President certify to Congress that the UnitedStates is not restricted by the Chemical Weapons Convention in its use of riot control agents incertain cases and that Executive Order 11850 would not be modified. 277 President Clintonprovided this certification on April 25, 1997. 278The United States ratified the Chemical Weapons Convention on April 25, 1997, withone condition that relates to the Annex on Implementation and Verification. 279 The treatyrequires that sixty-five nations become Party to it before it enters into force, which occurred onApril 29, 1997. 280Chemical Weapons Convention, a new Executive order outlining U.S. policy on the use of RCAs under theConvention will be issued.”).277 Senate, Conditions to Ratification of the Chemical Weapons Convention, Senate Resolution 75, 105th Congress,143 CONGRESSIONAL RECORD S3651, S3657 (1997) (“(26) Riot control agents: (A) Permitted uses. — Prior to thedeposit of the United States instrument of ratification, the President shall certify to Congress that the United States isnot restricted by the Convention in its use of riot control agents, including the use against combatants who areparties to a conflict, in any of the following cases: (i) UNITED STATES NOT A PARTY. — The conduct of peacetimemilitary operations within an area of ongoing armed conflict when the United States is not a party to the conflict(such as recent use of the United States Armed Forces in Somalia, Bosnia, and Rwanda). (ii) CONSENSUALPEACEKEEPING. — Consensual peacekeeping operations when the use of force is authorized by the receiving state,including operations pursuant to Chapter VI of the United Nations Charter. (iii) CHAPTER VII PEACEKEEPING. —Peacekeeping operations when force is authorized by the Security Council under Chapter VII of the United NationsCharter. (B) Implementation. — The President shall take no measure, and prescribe no rule or regulation, whichwould alter or eliminate Executive Order 11850 of April 8, 1975. (C) Definition. — In this paragraph, the term ‘riotcontrol agent’ has the meaning given the term in Article II(7) of the Convention.”).278 William J. Clinton, Message to the Congress on the Chemical Weapons Convention, Apr. 25, 1997, 1997-IPUBLIC PAPERS OF THE PRESIDENTS 495, 495-97 (“In accordance with the resolution of advice and consent toratification of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of ChemicalWeapons and on Their Destruction, adopted by the Senate of the United States on April 24, 1997, I hereby certifythat: ... In connection with Condition (26), Riot Control Agents, the United States is not restricted by the Conventionin its use of riot control agents, including the use against combatants who are parties to a conflict, in any of thefollowing cases: (i) the conduct of peacetime military operations within an area of ongoing armed conflict when theUnited States is not a party to the conflict (such as recent use of the United States Armed Forces in Somalia, Bosnia,and Rwanda); (ii) consensual peacekeeping operations when the use of force is authorized by the receiving state,including operations pursuant to Chapter VI of the United Nations Charter; and (iii) peacekeeping operations whenforce is authorized by the Security Council under Chapter VII of the United Nations Charter. … In accordance withCondition (26) on Riot Control Agents, I have certified that the United States is not restricted by the Convention inits use of riot control agents in various peacetime and peacekeeping operations. These are situations in which theUnited States is not engaged in a use of force of a scope, duration and intensity that would trigger the laws of warwith respect to U.S. forces.”).279 United States, Declaration Made on Ratification of the Chemical Weapons Convention, Apr. 29, 1997, 1975UNTS 475 (“Subject to the condition which relates to the Annex on Implementation and Verification, that nosample collected in the United States pursuant to the Convention will be transferred for analysis to any laboratoryoutside the territory of the United States.”).280 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons andon Their Destruction, Jan. 13, 1993, 1974 UNTS 317 footnote 1 (“Came into force on 29 April 1997, in accordancewith article XXI:”). See also CHEMICAL WEAPONS CONVENTION art. 21 (“This Convention shall enter into force180 days after the date of the deposit of the 65th instrument of ratification, but in no case earlier than two years afterits opening for signature.”).1173