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6.16.2 Prohibition on Use of Riot Control Agents as a Method of Warfare. It isprohibited to use riot control agents as a method of warfare. 394 The United States has understoodthis prohibition not to prohibit the use of riot control agents in war in defensive military modes tosave lives, such as use of riot control agents:• in riot control situations in areas under direct and distinct U.S. military control, includingcontrolling rioting POWs; 395• in situations in which civilians are used to mask or screen attacks and civilian casualtiescan be reduced or avoided; 396• in rescue missions in remotely isolated areas, of downed aircrews and passengers, andescaping prisoners; and• in rear echelon areas outside the zone of immediate combat to protect convoys from civildisturbances, terrorists, and paramilitary organizations.These uses are as articulated in Executive Order 11850. 397 Even though Executive Order11850 predated the Chemical Weapons Convention (which could have created legal obligationsthat were inconsistent with Executive Order 11850), interpreting the Chemical WeaponsConvention consistent with Executive Order 11850 was a condition of the Senate giving its394 CHEMICAL WEAPONS CONVENTION art. 1(5) (“Each State Party undertakes not to use riot control agents as amethod of warfare.”).395 For example, WALTER G. HERMES, UNITED STATES ARMY IN THE KOREAN WAR: TRUCE TENT AND FIGHTINGFRONT 256-57 (1992) (“Armed with stones, flails, sharpened tent poles, steel pipes, and knives, the defiant prisoners[held during the Korean War] screamed insults and challenges. The infantry maintained excellent discipline, usingtear gas and concussion grenades to break up the prisoners’ opposition. Herding the prisoners into a corner, theU.N. troops forced them into their new compound. Only one prisoner was killed and twenty-nine were wounded asagainst one U.S. injury.”).396 For example, JACK SHULIMSON & MAJOR CHARLES M. JOHNSON, U.S. MARINES IN VIETNAM: THE LANDING ANDTHE BUILDUP 1965, 91 (1978) (“Operation STOMP unfolded according to plan. Company H made its LVT assaultthrough the mud flats of Qui Nhon bay while Company F landed by helicopter to cut off the VC avenues of retreat.The two companies closed their cordon around the Viet Cong, killing 26 and capturing three. With escape denied,the enemy went underground, taking many local peasants with them for use as human shields. During the mop-upof the area, a much-publicized action occurred. As the Marines slowly and methodically searched out a complex oftunnels, they threw in tear gas grenades to flush out the occupants. Seventeen VC were forced from hiding in thisfashion, as well as more than 300 women, children, and old men, not one of whom was harmed.”).397 Executive Order 11850, Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents,40 FEDERAL REGISTER 16187 (Apr. 8, 1975) (“The United States renounces, as a matter of national policy, … firstuse of riot control agents in war except in defensive military modes to save lives such as: (a) Use of riot controlagents in riot control situations in areas under direct and distinct U.S. military control, to include controlling riotingprisoners of war. (b) Use of riot control agents in situations in which civilians are used to mask or screen attacksand civilian casualties can be reduced or avoided. (c) Use of riot control agents in rescue missions in remotelyisolated areas, of downed aircrews and passengers, and escaping prisoners. (d) Use of riot control agents in rearechelon areas outside the zone of immediate combat to protect convoys from civil disturbances, terrorists andparamilitary organizations.”).390