Is the use of tear gas by law enforcement officers considered a war crime?

No. Though many have condemned the use of tear gas on protestors, the Chemical Weapons Convention and the Geneva Convention both contain exceptions for “domestic law enforcement purposes.” In the Geneva Convention, the ban on “employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices” against another person or group “does not apply to situations of internal disturbances and tensions, such as riots.” In 2020, the Arms Control Association argued that using tear gas against those protesting the murder of George Floyd was “undeniably immoral” and called for a ban on tear gas against civilians. On Nov. 26, the Minnesota Society for Professional Journalists issued a statement condemning St. Paul police, who used non-lethal munitions and chemical irritants on journalists covering a federal operation the previous day. This fact brief is responsive to conversations such as this one. MinnPost partners with Gigafact to produce fact briefs bite-sized fact checks of trending claims. Read our methodology to learn how we check claims. Sources Organisation for the Prohibition of Chemical Weapons What is a Chemical Weapon? International Humanitarian Law Databases Amendment to the Rome Statute of the International Criminal Court on War Crimes, amended article 8, 10 June 2010: Article 8 War crimes Arms Control Association Tear Gas is Banned in War. It is Time to Ban its Domestic Use. Minnesota Society of Professional Journalists MNSPJ condemns St. Paul police attacks on journalists.
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