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

97. National Security Decision Memorandum 279¹

Washington, November 2, 1974.

TO

• The Secretary of Defense
• The Deputy Secretary of State
• The Director, Arms Control and Disarmament Agency

SUBJECT

• Geneva Protocol of 1925 and Riot Control Agents and Chemical Herbicides

The President has reviewed the interagency report on the riot control agents and chemical herbicides issue and the Geneva Protocol of 1925 and associated agency views.

The President considers it important that the United States ratify the Geneva Protocol.

The President is therefore prepared, in reaffirming the current U.S. understanding of the scope of the Protocol, to renounce as a matter of national policy (1) first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters, and (2) first use of riot control agents as an offensive weapon of war to facilitate or increase casualties.

The President wishes, however, to preserve the option to use riot control agents in riot control circumstances (to include controlling rioting prisoners of war), in situations where civilian casualties can be reduced or avoided, in rescue missions, and in defensive military modes to save lives. The requirements regarding authorization for use of these agents in war, set forth in NSDM 78 on August 11, 1970, remain in effect.

Prior to deciding to take this step, however, the President has directed that the Director of the Arms Control and Disarmament Agency, in consultation with the Departments of State and Defense, promptly undertake the necessary discussions with key Senators with the aim of achieving Senate advice and consent to ratification of the Geneva Protocol at the earliest possible date. These consultations should include the aim of achieving favorable Senate action on the Biological Weapons Convention at the earliest possible date.

Both the fact and nature of the foregoing decisions should be closely held prior to a report to the President on the completed consultations and his approval of a public statement. This report should include consideration of providing prior notification of U.S. intentions to those allies which have taken a view similar to that of the U.S. regarding the interpretation of the Geneva Protocol.

Henry A. Kissinger

1. Summary: Kissinger communicated President Ford’s position on ratifying the 1925 Geneva Protocol. Kissinger indicated the President was prepared to renounce as national policy the first use in war of riot control agents and herbicides except in certain circumstances, and directed ACDA and the Departments of State and Defense to consult with key Senators in order to achieve prompt ratification of the Protocol.

   Source: Ford Library, National Security Council, Institutional Files—NSDMs, Box 56, NSDM 279—Geneva Protocol of 1925 and Riot Control Agents and Chemical Herbicides (1). Confidential; Limdis. Copies were sent to Colby and Brown. Scowcroft signed for Kissinger above Kissinger’s typed signature. NSDM 78, “Authorization for Use of Riot Control Agents and Chemical Herbicides in War,” is published in Foreign Relations, 1969–1976, volume E–2, Arms Control and Nonproliferation, 1969–1972, as Document 202.