In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or not the use of tear gas in war is prohibited by the Geneva Protocol. This is the focus of the Comment that follows.
Linda C. Fentiman, When Smoke Gets in Your Eyes: Proposed Ratification by the United States of the Geneva Protocol on Chemical-Biological Warfare, 24 Buff. L. Rev. 159 (1974), http://digitalcommons.pace.edu/lawfaculty/332/.