USA TODAY International Edition

Tear gas: ‘Harsh, terrifying’ and legal to use on civilians

- Jorge L. Ortiz

The images of immigrant mothers and their young children choking on tear gas at the U.S.-Mexican border become even more jarring with this realizatio­n: The use of this chemical weapon is not allowed in warfare.

The tactic is perfectly legal when employed on civilians.

The appropriat­eness of government officers using tear gas to turn back a group of immigrants who rushed the border south of San Diego on Sunday has come under intense scrutiny. Although there’s plenty of debate about the suitabilit­y – or even effectiveness – of relying on that kind of chemical agent, its legality is not in question.

The Chemical Weapons Convention of 1993, signed by almost every nation, banned the use of tear gas on battlefields but allowed it for domestic law enforcemen­t and crowd control.

The strategy was largely successful in keeping the migrants at bay but drew rebukes from many Democrats – including California Gov.-elect Gavin Newsom – horrified at the sight of children and in agony.

Department of Homeland Security officials defended the use of tear gas as the least harmful way for CBP agents to defend themselves as they were pelted with rocks and bottles.

“We don’t target women and children,” said Rodney Scott, chief Border Patrol agent in the San Diego sector. “If women and children choose to insert themselves into a violent crowd that is attacking police officers with rocks and bottles, there are going to be unintended consequenc­es.”

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