Next steps in chemical weapons control and protecting the right to protest : improvements to the legal regime controlling tear gas
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Fordham international law journal, Vol. 44, no. 5, 2021, p. 1267-1307
Source : https://ir.lawnet.fordham.edu/ilj/vol44/iss5/3/ (last accessed on 06.10.2021)
At a pivotal moment in the relationship between law enforcement and the global public, this Note recalls the principle that impunity for excessive use of force by the police should never be tolerated. Amid the growing calls for police reform and bans on the use of tear gas on protesters, this Note proposes a solution to balance the needs of law enforcement officers with the interests of the public to exercise the right to protest—an essential form of participation in public affairs. It analyzes current international approaches to regulating the use of riot control agents, including tear gas, and argues for the addition of an optional protocol to the Chemical Weapons Convention, the foremost arms control treaty, to effect this balance on a global scale. By following such an approach, the optional protocol will meet the needs of the many involved in protests and law enforcement and improve public discourse and safety.
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