Cecily Zamora
The use of tear gas by law enforcement has been a highly contested issue, with instances of its deployment during peaceful protests against racism and police violence. Tear gas, a chemical irritant, is considered less-lethal but can cause severe injuries and even death when used excessively. While law enforcement agencies argue for its necessity in riot control, human rights organizations emphasize the potential for abuse and the lack of transparency regarding its chemical composition. The COVID-19 pandemic has further raised concerns about the respiratory impacts of tear gas, with public health experts warning that its effects could exacerbate the spread of the virus.
| Characteristics | Values |
|---|---|
| Use of tear gas by law enforcement | Law enforcement may use tear gas to alleviate a present risk of serious harm posed by a riot, a barricaded subject, or a hostage situation |
| Authorization | In the case of a riot outside of a correctional, jail, or detention facility, the officer must receive authorization from the highest elected official of the jurisdiction |
| Risks | Severe injuries and even death when used with excessive force; irritation of the skin, eyes, and/or respiratory system; long-term effects include permanent blindness, miscarriages, and reduced long-term respiratory function |
| Protection | Face masks, scarves, or bandanas; shatter-resistant eye protection; clothing covering all skin; comfortable, closed, protective shoes |
| Treatment | Flush exposed eyes with water for 10-15 minutes; take a cold shower for at least 20 minutes; seek medical care if symptoms persist or if there are eye or lung issues |
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What You'll Learn
Human rights violations
The use of tear gas by law enforcement has been a topic of debate and concern for human rights organizations such as Amnesty International and Human Rights Watch. While law enforcement agencies may be permitted to use tear gas in certain situations, its misuse and abuse have been documented worldwide, resulting in severe injuries and even deaths.
Amnesty International has launched an interactive multimedia site, "Tear Gas: An Investigation," which highlights 80 incidents across 22 countries and territories where police have misused tear gas against protesters. The organization has stated that the poorly regulated global trade of tear gas fuels police human rights violations, with security forces often justifying its use as a "safe" alternative to more harmful weaponry.
In the United States, following the death of George Floyd and subsequent protests against racism and police violence, law enforcement personnel were accused of committing widespread and egregious human rights violations. Amnesty International recorded 125 separate incidents of police violence against protesters, which included the use of tear gas, pepper spray, batons, rubber bullets, and flash grenades.
Human Rights Watch has also documented serious human rights violations by French riot police in Calais, where they routinely used tear gas and pepper spray against migrants, including children. These abuses not only caused physical harm but also adversely affected migrants' willingness to seek asylum and enter protection systems.
The use of tear gas as a crowd control measure has been criticized, especially when used against peaceful protesters or vulnerable groups such as children, older people, and people with disabilities. In some instances, the use of tear gas can constitute torture or ill-treatment, as recognized by Amnesty International and the UN Special Rapporteur on Torture.
To address these concerns, there have been calls for the development of national guidelines on the use of tear gas to ensure compliance with international human rights obligations and standards on policing. It is important for law enforcement to respect, protect, and facilitate the rights to freedom of expression and peaceful assembly, as enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
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Conditions for use
The use of tear gas by law enforcement is a highly controversial issue, with concerns raised about its potential to cause severe injury and even death when used excessively. Tear gas, also known as "riot control agents" or "less-lethal" weapons, contains chemical irritants that can cause burning sensations on the skin, choking, coughing, tearing, and sometimes nausea. While the immediate effects of exposure typically wear off within 20 minutes, there are concerns about potential long-term health impacts.
Riot Control:
In the case of a riot, law enforcement may be authorized to use tear gas to restore order. However, this should only be done when necessary to alleviate a present risk of serious harm posed by the riot. Even then, the use of tear gas should be a last resort, and law enforcement must explore other options before deploying it. In the context of riots outside correctional, jail, or detention facilities, additional authorization from the highest elected official of the jurisdiction is required before using tear gas.
Barricaded Subjects:
Law enforcement may use tear gas when dealing with a barricaded subject. A "barricaded subject" refers to an individual who has taken a position that denies immediate law enforcement access and is refusing orders to exit. In such situations, tear gas may be employed to force the individual to comply or to facilitate their apprehension.
Hostage Situations:
Tear gas can be used in hostage situations to incapacitate the hostage-taker(s) and create an opportunity for law enforcement to intervene and rescue the hostages safely.
Curfew Enforcement, Demonstration Dispersal, or Crowd Control:
While controversial, law enforcement has used tear gas to enforce curfews, end ongoing demonstrations, or clear areas. However, this use may violate international law and standards on the policing of protests if it is not necessary and proportionate to a specific threat.
It is essential to note that the use of tear gas by law enforcement is subject to ongoing debates and reviews. There have been calls for increased transparency and regulation regarding the chemical composition of tear gas and its potential health impacts. Additionally, the use of tear gas during the COVID-19 pandemic raised concerns, as it could exacerbate respiratory issues and potentially increase the risk of infection.
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Tear gas alternatives
Law enforcement agencies may use tear gas to alleviate a present risk of serious harm posed by a riot, barricaded subject, or hostage situation. However, there are several alternatives to using tear gas in such situations.
Firstly, law enforcement officers could opt for protective gear such as shatter-resistant eye protection, closed protective shoes, and clothing that covers the skin. This would reduce the risk of injury to the officers themselves and potentially de-escalate the situation without resorting to the use of force.
Secondly, in the case of a riot, law enforcement could seek authorization from the highest elected official of the jurisdiction to employ alternative methods of crowd control. This could include the use of loud noises, bright lights, or physical barriers to disperse or contain the crowd without resorting to chemical irritants.
Thirdly, in the case of a barricaded subject or hostage situation, law enforcement could utilize negotiation tactics and de-escalation techniques to resolve the situation peacefully. This could involve trained negotiators, psychologists, or other experts who can help diffuse the situation without resorting to tear gas or other less-lethal weapons.
Finally, law enforcement agencies could invest in training and equipment to ensure that any use of force is proportional and complies with international human rights obligations. This could include rigorous and independent testing of kinetic impact projectiles to ensure accuracy and minimize the risk of unwarranted injury.
While these alternatives may not be effective in all situations, they offer potential options for law enforcement to consider before resorting to the use of tear gas, which has been associated with severe health risks, including respiratory illnesses, eye injuries, and even death.
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Health impacts
The use of tear gas by law enforcement has been a subject of debate, with concerns about its impact on human health. Tear gas, a class of weapon with various chemical propellants and delivery methods, is intended to protect public safety but often infringes on the rights to assembly and free speech. While often referred to as "less-lethal", tear gas can cause severe injuries and even death, especially when used with excessive force or in enclosed spaces.
The health impacts of tear gas exposure can vary in severity and persistence. Immediate symptoms can include skin, eye, and respiratory irritation, with burning sensations, tearing, coughing, and difficulty breathing. In more severe cases, exposure to high concentrations or prolonged exposure can lead to respiratory failure, corneal injury, chemical burns, allergic reactions, and even death. The impact of tear gas on vulnerable individuals, such as those with pre-existing respiratory conditions like asthma, can be particularly severe, sometimes requiring hospitalization or ventilation support.
The use of tear gas during the 2019-2020 Chilean protests resulted in permanent vision loss in some individuals, highlighting the potential for serious and long-term ocular damage. Other reported health issues associated with tear gas exposure include psychological impacts, menstrual changes in women, and increased heart rate or blood pressure, which can lead to cardiac arrest in individuals with pre-existing heart conditions.
Additionally, the risk of injury is not limited to the effects of the gas itself. Being hit by a tear gas canister can result in traumatic injuries, including severe bruising, skull fractures, and even death. The impact of these cartridges can also cause blunt force trauma, leading to vascular injuries, nerve damage, and, in some cases, amputation.
The use of tear gas as a crowd-control measure has raised concerns, particularly when used against peaceful protesters or vulnerable individuals. The indiscriminate nature of tear gas affects everyone within its reach, including peaceful bystanders, children, and even law enforcement officers themselves. Prolonged or repeated exposure to tear gas has been linked to symptoms of post-traumatic stress disorder (PTSD), further emphasizing the potential for psychological as well as physical harm.
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Tear gas definition
Tear gas is a solid, liquid, or gaseous substance that, when dispersed in the atmosphere, irritates mucous membranes in the eyes, nose, mouth, and lungs. This causes crying, coughing, difficulty breathing, pain in the eyes, and temporary blindness. The purpose of using tear gas is to produce temporary physical discomfort or, in some cases, permanent injury.
The technical names for the chemical compounds that constitute tear gas are chloroacetophenone (CN), O-chlorobenzylidene malononitrile (CS), and bromoacetone or xylyl bromide. CS gas is the most common form of tear gas, and symptoms of irritation typically appear after 20 to 60 seconds of exposure, usually resolving within 30 minutes of leaving the area. However, there have been instances of serious and permanent injuries caused by tear gas, including severe eye injuries, respiratory illnesses, and even death, especially in cases of high concentrations or use in enclosed spaces.
The use of tear gas dates back to World War I, when it was the most common form of chemical weapon employed. Since then, its use has been prohibited in interstate warfare by the 1925 Geneva Protocol, which bans the use of "asphyxiating gas, or any other kind of gas, liquids, substances, or similar materials." Despite this, tear gas continues to be used by law enforcement and armed forces to control and disperse large crowds, particularly during protests.
In the United States, the use of tear gas by law enforcement is permitted in certain situations, such as during a riot, when dealing with a barricaded subject, or in a hostage situation. However, there have been concerns about the excessive use of tear gas by police during protests, which has led to calls for the development of national guidelines to ensure compliance with international human rights obligations and standards on policing.
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Frequently asked questions
Yes, law enforcement agencies are permitted to use tear gas.
Law enforcement agencies may use tear gas in the event of a riot, a barricaded subject, or a hostage situation. In the case of a riot outside of a correctional facility, officers must receive authorization from the highest elected official of the jurisdiction.
"Tear gas" is a term used to describe chloroacetophenone (CN), O-chlorobenzylidene malononitrile (CS), and any similar chemical irritant dispersed in the air to cause temporary physical discomfort or permanent injury.
The immediate effects of tear gas include burning sensations on the skin, choking, coughing, tearing, and sometimes nausea. The intended effects of tear gas generally wear off around 20 minutes after exposure. However, the long-term effects on human health are less clear and may depend on the specific chemicals used.
