Spray for Relief

In Fall 2024, the Human Rights at Home Law Profs Blog is excited to feature a series of blog posts focusing on human rights and the environment written by students in the International Human Rights Clinic at UIC Law. This is the fourth post in that series. The first post can be accessed here. The second post is here. The third post is here.

By Eric Mikucki, 2L at UIC Law

In May 2024, the U.S. State Department accused Russian forces of using chemical weapons, chloropicrin tear gas, in its illegal invasion of Ukraine. This public statement was followed by the imposition of sanctions against the Russian government. The use of chemical weapons in wartime has been banned internationally by the Chemical Weapons Convention.

Prohibition in War and Domestic Use

The United States specifically alleged that Russian forces deployed chloropicrin tear gas in Ukraine. Despite clear condemnation from the United States, it regularly uses tear gas and considers its use legal when directed at U.S. civilians during times of protest or alleged civil unrest. The United States justifies the use of chemical weapons against civilians as a necessary tool for crowd control, meant to incapacitate crowds that have been deemed violent or unlawful. In practice, however, this justification by the United States is often unsupported as law enforcement often use chemical weapons with excessive and disproportionate force against crowds of protestors, often adding to the chaos if not creating it to begin with.

The methods of tear gas dispersal are generally indiscriminate and uncontrollable, resulting in civilian casualties. For example, a Philadelphia protester, Amira Chowdhury, explained that she “felt like I was choking to death” and “couldn’t breathe.” Amira suffered bruises as people scrambled over her to escape. She was victimized again later that evening as police deployed tear gas on protestors in her neighborhood and it seeped into her home. She stated “I can’t even be in my own house without escaping the violence of the state.” Others, such as a mother and her toddler, Gracie, who were not part of any protest were made victims as the gas deployed drifted past their car on their drive home. This use of chemical weapons by U.S. law enforcement presents a great danger to the peoples’ right to peacefully assemble and from unjust punishment.

Finally, allowing domestic production of chemical weapons has enabled their use in war despite their explicit prohibition under the Chemical Weapons Convention. The goal of the Chemical Weapons Convention is to eliminate the entire category of weapons of mass destruction. As such, the Convention demands that the United States “takes necessary steps to enforce that prohibition in respect of persons (natural or legal) within their jurisdiction.” The United States has clearly failed to do so as it produces tear gas that is found in warzones globally and U.S. law enforcement continue their abuse of civilians’ rights with the use of these chemical weapons.

Negative Impacts of Exposure

The immediate negative health impacts of tear gas are known to result in the irritation of the eyes and lungs, difficulty or inability to breathe, and loss of vision, among others. However, these effects have long-term impacts, and may result in more permanent harm on human health. Long-term impacts on vision include the development of glaucoma, eye scarring, and cataracts, and breathing problems, such as asthma, are also a concern. Extended exposure to these chemicals range from twenty to forty-two weeks, consistently show increased mortality among tested populations of lab animals. Extended human exposure is more likely to result in severe injuries, which includes permanent disability, requiring professional medical management, or even death. Further, different variants of tear gases are more likely to cause genetic mutation and other long-term health problems.

The adverse impacts on human health do not end with direct exposure alone (when sprayed or particles make contact with the person) as these gases linger in the environment after being dispersed. U.S. law enforcement makes use of tear gas that can stick to surfaces for several days, increasing the risk of exposure to people and the environment well after use. Chemicals used in tear gas often collect in groundwater and coat surfaces near where they are dispersed, leading to future contacts with people, animals, and the environment as a whole. Environments exposed to these chemicals often suffer from decreases in biodiversity, specifically the loss of animal populations in the areas affected. As the environment degrades, and biodiversity is lost, it is shown to increase the occurrence of disease as well as other negative impacts on human life in an indiscriminate manner. This impact on the environment violates peoples’ right to life, health, and adequate standards of living as it prohibits the full enjoyment of said rights. Exemplified by the contamination of the Willamette River in Portland, Oregon, Anna Feigenburg, PhD, explains that “tear gas contaminates agriculture and groundwater,” and has resulted in the poisoning of food and animals, “often causing them serious injury or death.”

Conclusion

As such, the United States’ use of chemical weapons via deployment of tear gasses and other substances is a clear violation of human rights. The United States’ use of chemical weapons against protestors violates the right against unjust punishment, and the right to peaceful assembly, life, health, and a healthy environment.