The United States Committed a War Crime When Using Tear Gas on Migrants at Border
“Anybody throwing stones, rocks, like they did to the Mexican military where they badly hurt police and soldiers of Mexico, we will consider that a firearm,” Trump said. “Because there is not much difference when you get hit in the face with a rock, which as you know, it was very violent a few days ago. Very, very violent. It was a break in of a country. They broke into Mexico.”
There is little room to doubt that this creates warfare and certainly satisfies the definition of an act of war under American law, which means that the rules of war also apply. Speaking in terms of international law, you can use some chemical weapons like tear gas on your own people, but you cannot do so in warfare.
By so expressly and explicitly framing the conflict on the border as a military action, President Trump has made it easy to argue that the Chemical Weapons Convention was violated when authorizing the use of chemical weapons on migrants.
To whatever extent President Trump views the border as a warzone, he must be in turn viewed as a war criminal.
After all, this isn’t even close to the first crime against humanity that the Trump administration has dabbled with when it comes to Central American immigrants. The policy of family separation may have amounted to torture, according to the United Nations. And a former prosecutor at the Nuremberg trials called Trump’s act of separating immigrant children from their families a crime against humanity.