Chemical irritants 5.7 LARGE MUNITIONS CONTAINING CHEMICAL IRRITANTS Key Technical Features These weapons are designed to deliver chemical irritants over a very wide area or extended distances. These munitions are fired from a mortar, howitzer, or artillery system. Some munitions are rocket-propelled to increase their range. These large munitions are inherently indiscriminate, and the large amounts of chemical irritant dispersed could cause injury to both those targeted and to bystanders. Human Rights Concerns Both those people targeted, as well as bystanders, could be injured by the kinetic impact of the munitions, fragments, or shrapnel. The munitions could easily be used to collectively ill-treat or punish large groups of people. As the munitions contain a large amount of chemical irritant intended for law enforcement use, they may contravene the Chemical Weapons Convention, and should therefore not be used by States party to the Convention. Statements and Standards from Human Rights Bodies Examples of Existing Controls ODIHR and Venice Commission: “Devices with indiscriminate effects such as tear gas ��� should be used for the purpose of dispersal only and should not be used where people (participants / bystanders; violent / peaceful persons) cannot leave the scene. They should only be used if violence has reached such a level that targeting individuals engaged in violence is not a possible or sufficient response.” 114. These munitions may be prohibited under the Chemical Weapons Convention. The Convention only permits the trade of chemical irritants and associated dispersal mechanisms intended for law enforcement purposes where the “types and quantities [of toxic chemicals] are consistent with such purposes”. Without further clarification from State Parties to the Convention, it is impossible to determine whether these large munitions are in violation of the Convention. If they are not covered under the Convention, some national export control regimes include this type of projectile on their list of equipment that requires an export licence. Manufacture should be prohibited. Proposed Control Transfer should be prohibited. Use should be prohibited. Venice Commission and OSCE/ODIHR, Guidelines on freedom of peaceful assembly (3rd edition), 8 July 2019, pp. 72-73. 114 99