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example, it would not be prohibited for a soldier to use a non-prohibited laser system to blind anenemy combatant to save the user’s life. 3896.16 RIOT CONTROL AGENTSThe use of riot control agents is subject to certain prohibitions and restrictions. Riotcontrol agents are widely used by governments for law enforcement purposes (such as crowdcontrol), but are prohibited as a method of warfare.6.16.1 Definition of Riot Control Agents. Riot control agents mean any chemical notlisted in a Schedule Annexed to the Chemical Weapons Convention, which can produce rapidlyin humans sensory irritation or disabling physical effects that disappear within a short timefollowing termination of exposure. 390 Riot control agents include, for example, tear gas andpepper spray, but generally are understood to exclude the broader class of non-lethal weaponsthat may sometimes be used for riot control or other similar purposes, such as foams, watercannons, bean bags, or rubber bullets. 391The United States does not consider riot control agents to be “chemical weapons,” 392 orotherwise to fall under the prohibition against asphyxiating, poisonous, or other gases, and allanalogous liquids, materials, or devices. 393389 W. Hays Parks, Special Assistant to The Judge Advocate General of the Army for Law of War Matters,Memorandum of Law: Travaux Preparatoires and Legal Analysis of Blinding Laser Weapons Protocol, reprinted inTHE ARMY LAWYER 33, 36 (Jun. 1997) (“Finally, although Article 2 requires use of a laser device in a mannerconsistent with the spirit and intent of the Protocol, the delegations could not agree that a soldier should becriminally responsible if, in an in extremis situation, he employs a laser device against an enemy combatant to savethe user’s life.”).390 CHEMICAL WEAPONS CONVENTION art. 2(7) (“‘Riot Control Agent’ means: Any chemical not listed in aSchedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappearwithin a short time following termination of exposure.”).391 Joseph Benkert, Principal Deputy Assistant Secretary of Defense for International Security Policy, Testimony onU.S. policy and practice with respect to the use of riot control agents by the U.S. Armed Forces before the SenateCommittee on Armed Services, Subcommittee on Readiness and Management Support, Sept. 27, 2006, 2006 DIGESTOF UNITED STATES PRACTICE IN INTERNATIONAL LAW 1224 (“[W]hen I refer to ‘riot control agents’ in my testimonytoday I am referring to chemicals not listed in a Chemical Weapons Convention schedule which can produce rapidlyin humans sensory irritation or disabling physical effects which disappear within a short time following terminationof exposure. This includes for example, tear gas and pepper spray. I am not referring to the broader class of nonchemicalnon-lethal weapons that may sometimes be used for riot control or other similar purposes such as foams,water cannons, bean bags, or rubber bullets.”).392 Joseph Benkert, Principal Deputy Assistant Secretary of Defense for International Security Policy, Testimony onU.S. policy and practice with respect to the use of riot control agents by the U.S. Armed Forces before the SenateCommittee on Armed Services, Subcommittee on Readiness and Management Support, Sept. 27, 2006, 2006 DIGESTOF UNITED STATES PRACTICE IN INTERNATIONAL LAW 1223-24 (“The Administration agrees with the policystatement in the National Defense Authorization Act for FY2006, section 1232 (the ‘Ensign Amendment’); namely,‘It is the policy of the United States that riot control agents are not chemical weapons … .’”).393 See Statement by Secretary Rusk, Mar. 24, 1965, 52 DEPARTMENT OF STATE BULLETIN 528 (Apr. 12, 1965)(explaining that tear gas used by U.S. forces in Vietnam is not “gas that is prohibited by the Geneva convention of1925 or any other understandings about the use of gas”). Refer to § 6.8.2 (Asphyxiating, Poisonous, or Other Gases,and All Analogous Liquids, Materials, or Devices).389