Uncool Blackwater Gases U.S. Soldiers

The incident in question occurred nearly a year-and-a-half ago, but is just now coming to light.

The helicopter was hovering over a Baghdad checkpoint into the Green Zone, one typically crowded with cars, Iraqi civilians and United States military personnel.

Suddenly, on that May day in 2005, the copter dropped CS gas, a riot-control substance the American military in Iraq can use only under the strictest conditions and with the approval of top military commanders. An armored vehicle on the ground also released the gas, temporarily blinding drivers, passers-by and at least 10 American soldiers operating the checkpoint.

“This was decidedly uncool and very, very dangerous,” Capt. Kincy Clark of the Army, the senior officer at the scene, wrote later that day. “It’s not a good thing to cause soldiers who are standing guard against car bombs, snipers and suicide bombers to cover their faces, choke, cough and otherwise degrade our awareness.”
The vehicles were part of a Blackwater convoy that apparently felt that riot gas was an appropriate way to deal with a traffic jam.

Officers and noncommissioned officers from the Third Infantry Division who were involved in the episode said there were no signs of violence at the checkpoint. Instead, they said, the Blackwater convoy appeared to be stuck in traffic and may have been trying to use the riot-control agent as a way to clear a path.
While a Blackwater spokesperson has characterized the release of the riot gas as a mere gaffe, in which CS gas canisters were mistaken for smoke canisters (which, admittedly, Blackwater uses routinely to clear traffic - a policy the US military frowns upon), it is not clear how such "mistake" might have been coordinated between both the helicopter and the armored car.

Blackwater also claims that the incident was reported to US Embassy in Baghdad, which conducted a "full investigation."

The troops exposed to the gas also said they reported it to their superiors. But military officials in Washington and Baghdad said they could not confirm that an investigation had been conducted. Officials at the State Department, which contracted with Blackwater to provide diplomatic security, also could not confirm that an investigation had taken place.
No American soldiers were hospitalized as a result of the incident, but its impact on civilians that day is unknown. CS gas is nonlethal, but neither is it particularly healthy. Moreover,

The military . . . tightly controls use of riot control agents in war zones. They are banned by an international convention on chemical weapons endorsed by the United States, although a 1975 presidential order allows their use by the United States military in war zones under limited defensive circumstances and only with the approval of the president or a senior officer designated by the president.
. . .
In 2003, President Bush approved the use of riot control agents by the military in Iraq under the 1975 order, but only for such purposes as controlling rioting prisoners.
. . .
A United States military spokesman in Baghdad refused to describe the current rules of engagement governing the use of riot control agents, but former Army lawyers say their use requires the approval of the military’s most senior commanders.
(Emphasis added)

The State Department's contract with Blackwater did not specifically mention riot gas at the time of incident, an omission which Blackwater evidently took as an "authorization" to deploy the gas at will.

The company initially got a contract to provide security for American officials in Iraq with the Coalition Provisional Authority, an agreement which did not address the use of CS gas. After the authority went out of business, the State Department extended the contract for another year until rebidding it. Blackwater and two other companies — DynCorp and Triple Canopy — that now provide security are not permitted to use CS gas under their current contracts, the State Department said.

The State Department said that its lawyers did not believe the Blackwater incident violated any treaty agreements.
But Michael Schmitt, a professor of international law at the Naval War College in Newport, Rhode Island, disagrees.

“I have never seen anything that would make it permissible to use tear gas to get traffic out of the way,” Mr. Schmitt said. “In my view, it’s an improper use of a riot control agent.”

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