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         MindNet Journal - Vol. 1, No. 68
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         V E R I C O M M / MindNet         "Quid veritas est?"
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    The views and opinions expressed below are not necessarily the
    views and opinions of VERICOMM, MindNet, or the editors unless
    otherwise noted.

    Permission is given to reproduce and redistribute, for
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    Editor: Mike Coyle

    Assistant Editor: Rick Lawler

    Research: Darrell Bross

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    SPECIAL OPERATIONS/LOW-INTENSITY CONFLICT

    Office of the Assistant Secretary of Defense,
    Washington, D.C. 20301-2500

    July 1994

    ----------------------------------------------------------------

    21 July 1994

    MEMORANDUM FOR DISTRIBUTION

    SUBJECT: Draft Non-Lethal Weapons Policy

    Attached is a draft DoD policy for non-lethal weapons. We are
    distributing this draft broadly for information and comment.
    Comments should be forwarded by 19 August to Mr. Charles Swett,
    703-693-5208 (voice), or 703-693-0615 (fax).

    [original signed]
    Dr. Christopher Lamb
    Director, Policy Planning

    ---

    Department of Defense DIRECTIVE

    January 1, 1995

    Number xxxx.xx

    DRAFT: 21 July 1994

    SUBJECT: Policy for Non-lethal Weapons

    A. Purpose

    This Directive issues Department of Defense policies and
    procedures governing the role of non-lethal weapons in U.S.
    national security, their acquisition, and employment.

    B. Definition

    Non-lethal weapons are discriminate weapons that are explicitly
    designed and employed so as to incapacitate personnel or materiel,
    while minimizing fatalities and undesired damage to property and
    the environment.

    Unlike weapons that permanently destroy targets through blast,
    fragmentation or penetration, non-lethal weapons have relatively
    reversible effects on targets and/or are able to discriminate
    between targets and non-targets in the weapon's area of impact.

    C. Applicability

    This directive applies to all non-lethal technology research and
    development programs, non-lethal weapon procurement procedures
    programs, OSD oversight of these programs, and modes of
    employment of non-lethal weapons.

    Precision lethal weapons are outside the scope of this Directive.
    In addition, policy governing information warfare systems is
    addressed in separate channels and is not covered by this
    Directive.

    D. Policy

    1. General

    In order to allow the maximum possible flexibility in the
    employment of U.S. military forces across the spectrum of
    conflict, it is essential that additional options short of the
    use of lethal force be provided. Non-lethal weapons can make
    available significant new capabilities in some circumstances to
    achieve military objectives while minimizing human fatalities and
    undesired damage to property and the environment. At the lower
    end of the spectrum of conflict (Operations Other Than War),
    non-lethal weapons can allow us to discourage, delay, or prevent
    hostile actions by prospective opponents; limit escalation; take
    military action in situations where intervention is desirable
    but use of lethal force would be inappropriate; and better
    protect our forces once deployed. Non-lethal weapons are
    especially suited to operations such as peacekeeping,
    humanitarian missions, and other operations short of war. At the
    higher regions of the spectrum of conflict, including major
    regional conflicts, non-lethal weapons can provide an effective,
    reversible, or more humanitarian means of denying an enemy the
    use of some of his human and material assets. They also may help
    reduce the post-war economic cost of rebuilding infrastructure.

    Non-lethal weapons reinforce deterrence and expand our range of
    options. The presence of non-lethal weapons in America's arsenal
    can strengthen deterrence by making potential adversaries aware
    that the United States can thwart aggression and achieve
    humanitarian aims in ways that do not entail prohibitive
    political costs, thus enabling us to act earlier, more freely,
    and more decisively.

    A non-lethal weapons arsenal and the additional options it
    provides does not negate the fact that many situations require
    overwhelming lethal military force as the most appropriate means
    to accomplish a mission. Particularly in situations involving
    large-scale aggression by an adversary, overwhelming force may
    ultimately be the best means of minimizing fatalities and
    collateral damage by ensuring that the conflict comes to a rapid
    and uncontested conclusion. In such cases, the roles of
    non-lethal weapons are to contribute to the overall success of
    the operation while helping to limit war damage.

    It is understood that when employed, some non-lethal weapons may
    inadvertently cause fatalities, since we will not have perfect
    control over all factors. Complete avoidance of fatalities cannot
    be guaranteed and should not be expected. However, non-lethal
    weapons when properly employed dramatically reduce fatalities as
    compared with physically destroying the same intended target.
    Thus the intent is to be able to achieve military or politically
    objectives while causing the minimum possible harm to personnel,
    materiel, and the environment.

    To the extent that non-lethal weapons reduce the likelihood of
    loss of life and incidental damage to property in comparison with
    conventional systems, they are not only politically and
    operationally attractive options, but they are also consistent
    with international law and further the professional military
    responsibility to employ force proportionally and discriminately.

    It is not envisioned that non-lethal weapons will supplant or
    replace other classes of weapons, consume disproportionate
    amounts of resources, or cause a major shift in the way wars are
    fought. Rather, the intention is to allow the Department of
    Defense to cost-effectively exploit non-lethal technologies in
    order to provide the United States with significant strategic,
    political, and operational advantages in conducting existing
    missions.

    2. Acquisition

    A wide variety of non-lethal technologies have been suggested,
    spanning a broad range of anti-personnel and anti-materiel
    effects. In order to be most useful as instruments of national
    policy, the highest priority should be placed on developing and
    acquiring systems to support the following tasks (in descending
    order of importance):

    * Neutralize combatants intermingled with non-combatants

    * Control crowds

    * Disable or disrupt military logistics

    * Disable or disrupt elements of, or the entirety of, a regional
      civil/military communications, transportation, and energy
      infrastructure.

    * Disable or destroy weapons or weapon development/production
      processes, including suspected weapons of mass destruction

    These tasks may arise at virtually any level of the full spectrum
    of operations. This list will be reviewed and modified as
    necessary by the Undersecretary of Defense for Policy.

    In addition to the priorities listed above, only those non-lethal
    weapon programs that satisfy the general requirements for
    technical feasibility, operational utility, and policy
    acceptability will be considered for support. Specifically, in
    order for any non-lethal weapon program to receive funding, it
    must be explicitly found by the Non-Lethal Weapons Steering
    Committee to satisfy the following criteria:

    * Contribute to the accomplishment of a task or tasks that may be
      assigned to U.S. military forces

    * Be consistent with established U.S. policies including arms
      control agreements or other international legal commitments
      that the U.S. is committed to observe

    * Be technologically and operationally feasible

    * Be affordable

    * Have an acceptably low probability of being fatal or inflicting
      permanent disablement on personnel, and causing undesired
      damage to property and the environment

    * Could not be easily defeated by enemy countermeasures once
      known; or if they could, the benefits of a single opportunity
      to use them in a given context would be so great as to outweigh
      that disadvantage

    * Can achieve an effect that is worth the cost of the
      intelligence support they require

    All other things being equal, non-lethal weapons that show
    significant promise of dual-use by U.S. law enforcement agencies
    as well as by the military Services will receive higher priority
    than those that do not.

    Oversight authority over all non-lethal weapon development and
    acquisition programs will be exercised by a Non-Lethal Weapons
    Steering Committee. This committee will be co-chaired by the
    Office of the Undersecretary of Defense for Acquisition and
    Technology (Deputy Director, Tactical Warfare Programs), and the
    Office of the Assistant Secretary of Defense for Special
    Operations and Low-Intensity Conflict (Deputy Assistant Secretary
    for Policy and Missions), and will consist of senior officials
    from the following organizations:

    * Office of the Under Secretary of Defense for Acquisition and
      Technology

    - Office of Munitions
    - Office of the Director of Defense Research and Engineering
    - Office of the Deputy Under Secretary for Advanced Technology

    * Office of the Under Secretary of Defense for Policy

    - Office of the Deputy Assistant Secretary of Defense for
      Strategy
      (Strategy and Requirements)
    - Office of the Deputy Assistant Secretary of Defense for
      Policy and Missions
      (Special Operations and Low-Intensity Conflict)
    - Office of the Deputy Assistant Secretary of Defense for
      Counterproliferation
      (International Security Policy)

    * Office of the Comptroller of the Department of Defense

    * The Joint Staff

    * The Military Services

    * Defense Nuclear Agency

    * Other Defense agencies (as determined by the co-chairs)

    In addition, representatives of other U.S. Government departments
    or agencies may be invited to participate in Steering Committee
    discussions. These organizations may include, but are not
    necessarily limited to, the Department of Justice, the Department
    of Energy, the Central Intelligence Agency, and the Environmental
    Protection Agency.

    The Non-Lethal Weapons Steering Committee will conduct an annual
    review, phased appropriately with respect to the POM cycle, of
    all non-lethal weapon programs, in order to provide oversight and
    guidance. This committee will have the authority to initiate,
    direct changes in, or terminate these programs, in order to
    ensure that the priorities and criteria listed above are
    enforced. In so doing, any validated military requirements
    presented to the committee will be duly considered. The
    Comptroller of the Department of Defense will issue Program
    Budget Decisions implementing the decisions of the committee. The
    committee will also have the authority to task the Services to
    undertake such studies and analyses as are needed to support its
    deliberations.

    The Non-Lethal Weapons Steering Committee will adopt terms of
    reference, issue an annual Non-Lethal Weapons Master Plan, and
    issue security and classification guidance for non-lethal weapon
    programs.

    A Non-Lethal Weapons Working Group will assist the Non-Lethal
    Weapons Steering Committee. This group will consist of officials
    from the organizations represented on the Steering Committee, and
    will undertake activities as directed by that committee. The
    Office of the Undersecretary of Defense for Acquisition and
    Technology will assure that funding is available to support these
    bodies, and that all members of both bodies are cleared in a
    timely manner into any and all non-lethal weapon development and
    acquisition programs.

    The Joint Program Office will support the Non-Lethal Weapons
    Steering Committee, by providing studies, analyses, and
    recommendations as directed by that committee. Its charter will
    be modified as necessary to provide for this role. The Non-Lethal
    Weapons Steering Committee will ensure that the costs of
    necessary support provided by the Joint Program Office and other
    sources are met.

    The Military Services will develop and acquire weapons specific
    to their particular mission area or expertise, and will develop
    and implement doctrine, employment concepts, tactics, training,
    and logistic support for fielded non-lethal weapon systems.

    3. Employment

    In developing policy for specific cases of current or planned
    military operations, officials from the Office of the
    Undersecretary of Defense for Policy will ensure that options for
    use of applicable non-lethal weapons are given due consideration.
    This will include making the President aware of such options, as
    appropriate.

    Any direction given regarding the conduct of U.S. military
    operations to employ non-lethal weapons will not restrict
    self-defense measures by our forces to non-lethal means. Although
    our forces might be allowed to employ only non-lethal weapons to
    achieve mission objectives in some cases, they will in all cases
    be allowed to use necessary lethal force to protect themselves
    from deadly threats.

    In order to improve the military effectiveness and deterrent
    value of non-lethal weapon employment, full consideration will be
    given to appropriate psychological operations before, during or
    after that employment.

    Non-lethal weapons can be employed either alone or in conjunction
    with lethal weapons.

    When a plan to employ non-lethal weapons in a specific case is
    submitted for approval, it must be explicitly stated to all
    concerned that some fatalities might inadvertently result.

    Non-lethal weapons may be employed to achieve a variety of
    objectives, including, but not necessarily limited to, the
    following:

    * Neutralization - to make an adversary's assets useless

    * Denial - to deny an adversary the attainment of his ends

    * Control - to eliminate an adversary's ability to control his
      assets, and/or to seize control of them ourselves

    * Limit escalation - prevent an increase in the scale or
      intensity of a conflict

    * Enticement - to help persuade an adversary to act in a way
      that is congruent with U.S. interests

    * Demonstration - to display U.S. resolve or concern, but
      without crossing the threshold of lethal force or significant
      destruction

    * Countermobilization - to retard or frustrate mobilization of an
      adversary's military forces in order to provide more time for
      diplomatic actions or for deployment of U.S. or allied military
      reinforcements to the area in question

    * Interdiction in ambiguous situations - were we suspect that
      activity inimical to U.S. interests is underway and would like
      to take steps to frustrate it but where we may not have
      convincing intelligence confirming our suspicions

    * Highly specific attack - where the target is proximate to a
      significant non-military asset that must not be damaged under
      any circumstances, such as a religious, cultural, or
      historical symbol

    * Synergism - to accelerate and intensify the effects of lethal
      measures, used in conjunction with non-lethal systems weapons

    The term "adversary" is used above in it broadest sense,
    including those who are not declared enemies but who are engaged
    in activities we wish to stop. This policy does not preclude
    legally authorized domestic use of non-lethal weapons by U.S.
    military forces in support of law enforcement.

    Commanders of combat organizations will incorporate options for
    use for fielded non-lethal weapon systems into their contingency
    plans as appropriate.

    4. Additional Policy Guidance

    Requests for policy guidance on non-lethal weapons matters not
    addressed in this Directive should be forwarded to the Office of
    the Assistant Secretary of Defense for Special Operations and
    Low-Intensity Conflict (Deputy Assistant for Policy and
    Missions).

    E. Public Affairs Guidance

    Information provided to the public and the media should be in
    keeping with the policies put forth in Section D.1 of this
    Directive. Authorization for release of specifics about the types
    of non-lethal weapons in our arsenal or under development, or the
    circumstances in which they would be used, will be considered on
    a case-by-case basis by OUSD(P) or by the Non-Lethal Weapons
    Steering Committee, as appropriate.

    Public affairs statements should emphasize that although the use
    of non-lethal weapons us intended to avoid fatalities and
    collateral damage in the course of achieving mission objectives,
    some fatalities or collateral damage could inadvertently result.
    It is important that the public understand that just as lethal
    weapons do not achieve perfect lethality, neither will
    "non-lethal" weapons always be capable of precluding fatalities
    and undesired collateral damage.

    F. Effective Date

    This Directive will become effective upon signature.

    William J. Perry, Secretary of Defense

    Comments on this draft should be forwarded to Mr. Charles Swett,
    OASD(SO/LIC) 703-693-5208 (voice) 703-693-0615 (fax)

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