Foreign Relations of the United States, 1969–1976, Volume E–14, Part 2, Documents on Arms Control and Nonproliferation, 1973–1976

49. Memorandum From Michael Guhin of the National Security Council Staff to the President’s Deputy Assistant for National Security Affairs (Scowcroft)¹

Washington, May 22, 1974.

SUBJECT

• Agency Positions on the Geneva Protocol-Tear Gas/Herbicides Issue

The central issue in the Geneva Protocol study is whether we wish to preserve the option to initiate use of tear gas and herbicides in war, or whether we are willing to forego this option in order to break the impasse with the Senate Foreign Relations Committee and thereby achieve favorable Senate action on ratification of the Geneva Protocol. You asked me to check on State’s position.

State (Deputy Secretary Rush) believes we should be willing to forego the first use option for these agents. His memorandum is expected here this week.

All other agency positions have already been submitted. You will recall that ACDA also believes we should be willing to forego the first use option.

State and ACDA differ, however, on implementing tactics. State will say that we should consider first use prohibited against parties which confirm a reciprocal obligation. ACDA’s position stated that we should consider first use of these agents covered by the Protocol from the date of US ratification. Renouncing first use as a matter of US national policy (not as a matter covered by the Protocol) is also acceptable to ACDA.

As discussed earlier, Dr. Iklé recently wrote the President seeking approval to see if the Hill would accept renunciation of only certain, essentially offensive, uses. State’s views on this suggestion are not known. State would probably not object to renouncing first use as a matter of national policy, but it is doubtful State would find Iklé’s suggested renunciation of only certain uses acceptable.

OSD and the JCS strongly recommend preserving the first use option for these agents. However, if it is decided not to preserve the first use option, then OSD would prefer that we (1) renounce first use as a matter of national policy, and/or (2) initiate a separate treaty banning their first use in war.

We should have a package staffed ready for decision sometime next week.

1. Summary: In response to Scowcroft’s request, Guhin summarized agency positions on the Geneva Protocol and the use of tear gas and herbicides in war.

   Source: National Archives, Nixon Presidential Materials, NSC Files, Box 312, Subject Files, Chemical, Biological Warfare (toxins). Secret. Sent for information. Sent through Elliott. Molander’s handwritten notation at the top of the page indicates Scowcroft saw it.