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advice and consent to ratification of the Chemical Weapons Convention. 398 Thus, ExecutiveOrder 11850 has remained an important part of U.S. policy on the use of riot control agents. 399In addition to being permitted in war in defensive military modes to save lives, it is notprohibited to use riot control agents in military operations outside of war or armed conflict.Specifically, the United States has taken the position that riot control agents may be used in theconduct of:• peacetime military operations within an area of ongoing armed conflict when the UnitedStates is not a party to the conflict;• consensual peacekeeping operations when the use of force is authorized by the receivingstate, including operations pursuant to Chapter VI of the United Nations Charter; and• peacekeeping operations when force is authorized by the Security Council under ChapterVII of the United Nations Charter. 400398 Senate, Conditions to Ratification of the Chemical Weapons Convention, Senate Resolution 75, 105th Congress143 CONGRESSIONAL RECORD S3651, S3657 (1997) (“The President shall take no measure, and prescribe no rule orregulation, which would alter or eliminate Executive Order 11850 of April 8, 1975.”).399 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 policy governing the use of riot control agentsby the U.S. Armed Forces is expressed principally in the Chemical Weapons Convention, the resolution ofratification of the Chemical Weapons Convention, and Executive Order 11850 [Renunciation of Certain Uses inWar of Chemical Herbicides and Riot Control Agents (1975)]. The Administration agrees with the policy statementin the National Defense Authorization Act for FY2006, section 1232 (the ‘Ensign Amendment’); namely, ‘It is thepolicy of the United States that riot control agents are not chemical weapons and that the President may authorizetheir use as legitimate, legal, and nonlethal alternatives to the use of force that, as provided in Executive Order11850 (40 Fed. Reg. 16187) and consistent with the resolution of ratification of the Chemical Weapons Convention,may be employed by members of the Armed Forces in war in defensive military modes to save lives, including theillustrative purposes cited in Executive Order 11850.’”) (insertions in original).400 Senate, Conditions to Ratification of the Chemical Weapons Convention, Senate Resolution 75, 105th Congress143 CONGRESSIONAL RECORD S3651, S3657 (1997) (“Prior to the deposit of the United States instrument ofratification, the President shall certify to Congress that the United States is not restricted by the Convention in its useof riot control agents, including the use against combatants who are parties to a conflict, in any of the followingcases: (i) UNITED STATES NOT A PARTY. — The conduct of peacetime military operations within an area of ongoingarmed conflict when the United States is not a party to the conflict (such as recent use of the United States ArmedForces in Somalia, Bosnia, and Rwanda). (ii) CONSENSUAL PEACEKEEPING. — Consensual peacekeeping operationswhen the use of force is authorized by the receiving state, including operations pursuant to Chapter VI of the UnitedNations Charter. (iii) CHAPTER VII PEACEKEEPING. — Peacekeeping operations when force is authorized by theSecurity Council under Chapter VII of the United Nations Charter.”); William J. Clinton, Message to the Senate onthe Chemical Weapons Convention, Apr. 25, 1997, 1997-I PUBLIC PAPERS OF THE PRESIDENTS 495, 497 (“Inaccordance with Condition (26) on Riot Control Agents, I have certified that the United States is not restricted bythe Convention in its use of riot control agents in various peacetime and peacekeeping operations. These aresituations in which the United States is not engaged in a use of force of a scope, duration and intensity that wouldtrigger the laws of war with respect to U.S. forces.”).391