Report of U.S. State Department team of experts on reported defolia- tion damage to rubber and fruit trees in Cambodia_. Report on herbicidal damage by the United States in Southeastern Cambodia, by A. H. Westing, E. W. Pfeiffer, J. Lavorel, and L. Matarasso; Phnom Penh, December 31, 1969- Insertions for the record-Continued Statement of Hon. Joseph S. Clark__ "Limitations on Chemical and Biological Warfare Going Beyond Those of the Geneva Protocol," article by Archibald S. Alexander, from The Control of Chemical and Biological Weapons, Carnegie Endow- Statement of American Friends Service Committee, presented by "The Hidden Arsenal-You Can't Keep a Deadly Weapon Down," article by Arthur Kanegis, the Washington Monthly, December Letter and enclosure to Senator J. W. Fulbright from Byron Riegel, president, American Chemical Society, September 15, 1970--. Letter and enclosed resolution to Senator J. W. Fulbright from Cynthia Letter to Senator J. W. Fulbright from Adm. T. H. Moorer, Chairman 288 Request for Rand Corp. studies, supplied by Department of Defense_- Herbicides and RCA's: U.S. training of and supplying to South Viet- Opinion from Office of General Counsel, Department of Defense, con- cerning the application of the Hague Regulations of 1907 to the de- struction of crops through chemical agents__. Biographical sketch of Donald G. Brennan__. Preliminary report, Herbicide Assessment Commission of the Ameri- can Association for the Advancement of Science___ Letter to Hon. Ellsworth Bunker, U.S. Ambassador to Vietnam, from "Tear Gas: A Blunder," article by Robert Neild and Julian Perry Robinson, the Sunday Times (London), February 15, 1970---- "The CS Gas Muddle," article by Alun Chalfont, the New Statesman, "United States Now Uses Tear Gas as Routine War Weapon," article by Ralph Blumenthal, the New York Times, December 6, 1969__. "U.N. Rebuffs United States on Tear Gas Use," article from the New York Times, December 11, 1969_. "United States Criticizes Vote in U.N. on Meaning of Chemical War- fare Ban," article from the New York Times, December 12, 1969___ "Chemical and Biological Weapons: The Prospects for Arms Control," article by Hedley Bull, Australian Outlook (vol. 24), August 1970__ "A Tour of Vietnam," article by Terri Aaronson, Environment, vol. 13, Appendix-Continued "Chemical and Biological Warfare: U.S. Ratification of the 1925 Ge- Letter and enclosed statement to Senator J. W. Fulbright from Joshua Telegram to Senator Frank Church from Michael McCloskey, execu- "Tear Gas in War: The Historical Record of U.S. Opposition". Letter to Senator J. W. Fulbright from Maj. Gen. Bernard W. Rogers, Chief of Legislative Liaison, Department of the Army, March 12, 1971, concerning Agent Blue___ Remarks of the President on announcing the chemical and biological defense policies and programs, The White House, November 25, 1969 Statement by the President, The White House, November 25, 1969, Letter to the President from Senator J. W. Fullbright, April 15, 1972__ Text of S. Res. 158, 92d Cong., 1st Sess_. Page 403 420 421 425 428 428 430 430 431 432 435 436 438 THE GENEVA PROTOCOL OF 1925 FRIDAY, MARCH 5, 1971 UNITED STATES SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, D.C. The committee met, pursuant to notice, at 10:10 a.m., in room 4221, New Senate Office Building, Senator J. W. Fulbright (chairman) presiding. Present: Senators Fulbright, Sparkman, Symington, Aiken, Case, Cooper, Javits, and Scott. The CHAIRMAN. The committee will come to order, please. OPENING STATEMENT The CHAIRMAN. This morning's hearings marks the beginning of the Senate's consideration—perhaps I should say its reconsiderationof the Geneva Protocol of 1925. We are pleased to have the Secretary of State with us, as well as the Deputy Director of the Arms Control and Disarmament Agency, Mr. Philip J. Farley. The Geneva Protocol is one of the oldest and, on the basis of 45 years' experience, one of the most effective international arms control agreements. Its effectiveness undoubtedly rests on the general abhorrence of chemical and biological warfare and on an unusually wide consensus among the nations of the world that the probable consequences of employing such weapons would far outweigh any military utility they may possess. The United States played an important role in drafting the Geneva Protocol and should have become a party to it long ago. It is greatly to the credit of President Nixon that, after an interval of 44 years, the Geneva Protocol is once again before the Senate. In addition to resubmitting the protocol for the Senate's advice and consent, the President has renounced any use by the United States of biological and toxin weapons and has ordered preparations made for the destruction of existing stockpiles of weapons. These actions go beyond the requirements of the protocol and thus constitute a significant strengthening of mankind's protection against its own folly. I wholeheartedly approve of these decisions by the President and I particularly commend him for having taken them at this time. Given the increasing national and international awareness of the dangers of chemical and biological warfare, the moment had clearly come for positive action on the part of the United States. The judgments which the Senate will make in deciding whether, and, if so, in what form, to give its advice and consent will have an important bearing on the future effectiveness of the protocol as a barrier to chemical and biological warfare. Perhaps the most significant question to be addressed by the Senate concerns the interpretation of the scope of the protocol. Although there is wide agreement among the existing parties to the protocol on this point-and considerable difference between them and the present interpretation of the administration—it is the Senate's responsibility to give its advice on the basis of the interest of the United States. I believe that we should at the outset of these hearings acknowledge the existence of the questions which have been raised with regard to the use of tear gas and herbicides by the United States in Indochina. Honest men can and do differ both as to the propriety and the desirability of that use. What is perhaps most important in this connection, as in other matters relating to the war, are the lessons to be drawn from our experience thus far and how they should guide our policy in the future. The committee appreciates your willingness to appear here this morning, Mr. Secretary. I assume you have a statement to make. STATEMENT OF HON. WILLIAM P. ROGERS, SECRETARY OF STATE Secretary ROGERS. Yes, sir; I do, Mr. Chairman. The CHAIRMAN. Will you proceed, please. Secretary ROGERS. Thank you very much. I am pleased to appear before the committee today to begin the testimony in support of the President's request that the Senate give its advice and consent to ratification of the Geneva Protocol of 1925. ADMINISTRATION ACTIVITIES CONCERNING CHEMICAL AND BIOLOGICAL WARFARE This administration has made the problems of chemical and biological warfare one of its special concerns. Shortly after taking office in early 1969, President Nixon ordered an intensive interagency review of our policy in the field of chemical and biological warfare. Annual reviews of our programs and policies in the area of chemical warfare and the biological research programs are a continuing aspect of this administration's activities on the subject. On November 25, 1969, the President announced the first of a series of major policy decisions, some of which, Mr. Chairman, you referred to. Our decision to resubmit the Geneva Protocol to the Senate was one of those key decisions. The President also announced that the United States would reaffirm its often repeated renunciation of the first use of lethal chemical weapons, and he extended this renunciation to the first use of incapacitating chemicals. Further, the President stated that the United States was renouncing the use of lethal biological agents and weapons and all other methods of biological warfare. He indicated that the United States will confine its biological research to defensive measures, such as immunization and protective measures. In February of 1970, the President announced that the above decisions on the nonuse of biological agents and weapons would also |