The moral dangers of nonlethal weapons Stephen Coleman

what I want to talk to you about today

is some of the problems that the

military of the Western world Australia

United States UK and so on face in some

of the deployments that they’re dealing

with in the modern world at this time if

you think about the sorts of things that

we’ve said Australian military personnel

  • in recent years we’ve got obvious

things like Iraq and Afghanistan but

you’ve also got things like East Timor

and the Solomon Islands and so on and a

lot of these deployments that were

actually sending military personnel to

these days aren’t traditional Wars in

fact a lot of the jobs that we’re asking

the military personnel to do in these

situations are ones that in their own

countries in Australia the knight

estates and so on would actually be done

by police officers and so there’s a

bunch of problems that come up for

military personnel in these situations

because they’re doing things that they

haven’t really been trained for and

they’re doing things that those who do

them in their own countries are trained

very differently for and equipped very

differently for now there’s a bunch of

reasons why we actually do send military

personnel rather than police to do these

jobs if Australia had to send a thousand

people tomorrow to West Papua for

example we don’t have a thousand police

officers hanging around that could just

go tomorrow and we do have a thousand

soldiers that could go so when we have

to send someone we send the military

because they’re there they’re available

and heck they’re used to going off and

doing these things and living by

themselves and not having all this extra

support so they are able to do it in

that sense but they aren’t trained in

the same way that police officers are

and they’re certainly not equipped in

the same way police officers are and so

this has raised a bunch of problems for

them when dealing with these sorts of

issues one particular thing that’s come

up that I am especially interested in is

the question of whether when we’re

sending military personnel to do these

sorts of jobs we ought to be equipping

them differently and in particular

whether we ought to be giving them

access to some of the sorts of

non-lethal weapons that police have

since they’re doing some of these same

jobs maybe they should have some of

those things and of course there’s a

range of places where you’d think these

things would be really useful so for

example when you’ve got military

checkpoints if people are approaching

these checkpoints and the

military personnel they are unsure

whether this person’s hostile or not so

this person approaching here and they

say well is this a suicide bomber or not

have they got something hidden under

their clothing what’s going to happen

they don’t know whether this person’s

hostile or not if this person doesn’t

follow directions then they may end up

shooting them and then find out

afterwards either guess we shot the

right person or no this was just an

innocent person who didn’t understand

what was going on so if they had

normally four weapons then they would

say well we can use them in that sort of

situation if we shoot someone who wasn’t

hostile

at least we haven’t killed them another

situation this photo is actually from

one of the missions in the Balkans in

the late 1990s situations a little bit

different where perhaps they know

someone is hostile where they’ve got

someone shooting at them or doing

something else that’s clearly hostile

throwing rocks whatever but if they

respond there’s a range of other people

around who are innocent people who might

also get hurt you know the collateral

damage that the military often doesn’t

want to talk about so again they would

say well hey if we have access to

non-lethal weapons if we’ve got someone

we know is hostile we can do something

to deal with them and know that if we

hit anyone else around the place at

least again we’re not going to kill them

another suggestion has been since we’re

putting so many robots in the field we

can see the time coming where they’re

actually going to be sending robots out

in the field that are autonomous they’re

going to make their own decisions about

who to shoot and who not to shoot

without human-in-the-loop and so the

suggestion is well hey if we’re going to

send robots out and allow them to do

this maybe it would be a good idea again

with these things if they were armed

with non-lethal weapons so that if the

robot makes a bad decision and shoots

the wrong person again they haven’t

actually killed them now there’s a whole

range of different sorts of non-lethal

weapons some of which are obviously

available now some of which they’re

developing so you’ve got traditional

things like pepper spray OC spray up the

top there or tasers over here the one on

the top right here is actually a

dazzling laser intended to just blind

the person momentarily and disorient

them you’ve got non-lethal shotgun

rounds that contain rubber pellets

instead of the traditional metal ones

and this one in the middle here the

large truck is actually called the

Active Denial system something the US

military is working on at the moment

it’s essentially a big microwave

transmitter it’s sort of your classic

idea of a heat

it goes out to a really long distance

compared to any of these other sorts of

things and anybody who is hit with this

feels this sudden burst of heat and just

wants to get out of the way it is a lot

more sophisticated than a microwave oven

but it basically is boiling the water

molecules in the very surface level of

your skin so you feel this massive heat

and you go I want to get out of the way

and then they’re thinking well this will

be really useful in places like where we

need to clear a crowd out of a

particular area if the crowd is being

hostile if we need to keep people away

from a particular place where we can do

that with these sorts of things so

obviously there’s a whole range of

different sorts of non-lethal weapons we

could give military personnel and

there’s a whole range of situations

where they’re looking at them and saying

hey these things would be really useful

but as I said the military and the

police are very different yes you don’t

have to look very hard at this to

recognize the fact that they might be

very different in particular the

attitude to the use of force and the way

they’re trained to use force is

especially different the police

and as I knowing because I’ve actually

helped to train police police in

particularly in western jurisdictions at

least are trained to de-escalate force

to try and avoid using force wherever

possible and to use lethal force only as

an absolute last resort military

personnel are being trained for war so

they’re trained that as soon as things

go bad their first response is lethal

force the moment the fecal matter hits

the rotating turbine you can start

shooting at people

so their attitudes to the use of lethal

force are very different and I think

it’s fairly obvious that their attitude

to the use of non-lethal weapons would

also be very different from what it is

with the police and since we’ve already

had so many problems with police use of

non-lethal weapons in various ways I

thought it would be a really good idea

to look at some of those things and try

and relate it to the military context

and I was really surprised when I

started to do this to see that in fact

even those people who are advocating the

use of non-lethal weapons by the

military hadn’t actually done that they

generally seem to think we’ll

why would we care what’s happened with

the police you know we’re looking at

something different and didn’t seem to

recognize in fact they were looking at

pretty much the same stuff so I actually

started to investigate some of these

issues and have a look at the way that

police used non-lethal weapons when

they’re introduced in some of the

problems that might arise out of those

sorts of things

when they actually do introduce them and

of course being Australian I started

looking at stuff in Australia knowing

again from my own experience about

various times when non-lethal weapons

have been introduced in Australia so one

of the things I particularly looked at

was the use of OC spray or lor is IAM

capsicum spray pepper spray by

Australian police and seeing when that

had been introduced what had happened

and those sorts of issues and one study

that I found a particularly interesting

one was actually in Queensland because

they had a trial period for the use of

pepper spray before they actually

introduced it more broadly and I went

and had a look at some of the figures

here now when they introduced OC spray

in Queensland they’re really explicit

the police minister and all whole heap

of other public statements made about it

they was saying this is explicitly

intended to give police an option

between shouting and shooting yeah this

is something they can use instead of a

firearm in those situations where they

would have previously had to shoot

someone so I went and looked at all of

these police shooting figures and it’s

you can actually find them very easily

for individual Australian states I could

only find these ones this is from a

Australian Institute of Criminology

report as you can see from the Friant

period if you can read it at the top

police shooting deaths means not just

people who have been shot by police but

people who have shot themselves in the

presence of police but this is the

figures across the entire country and

the red arrow represents the point where

Queensland actually said yes okay this

is where we’re going to give all police

officers across the entire state access

to OC spray so you can see there were

six deaths sort of leading up to it

every year for a number of years there

was a spike of course a few years before

but that wasn’t actually Queensland

anyone know where that was wasn’t Port

Arthur no Victoria yes correct that

spike was all Victoria

so it wasn’t the Queensland had a

particular problem with deaths from

police shootings and so on so six

shootings across the whole country

fairly consistently over the years

before so the next two years was the

years they study 2001 2002 anyone want

to take a stab at the number of times

given how they’ve introduced this the

number of times police in Queensland

used OC spray in that period hundreds 1

3 thousands getting better explicitly

introduced as an alternative to the use

of lethal force

an alternative between shouting and

shooting I’m going to go out on a limb

here and say that if Queensland Police

didn’t have OC spray they wouldn’t have

shot 2226 people in those two years in

fact if you have a look at the studies

that they were looking at that the

material they were collecting and

examining you can see the suspects were

only armed in about 15% of cases where

OC spray was used right it was routinely

being used in this period and of course

still is routinely used because there

were no complaints about it

you cannot within this in the context of

this study anyway it was routinely being

used to deal with people who were

violent who were potentially violent and

also quite frequently used to deal with

people who were simply passively

non-compliant right this person is not

doing anything violent but they just

won’t do what we want them to they’re

not obeying the directions that we’re

giving them so we’ll give them a shot of

the OC spray they don’t speed them up

everything will work out better that way

all right this was something explicitly

introduced to be an alternative to

firearms but it’s being routinely used

to deal with a whole range of other

sorts of problems now one of the

particular issues that comes up with

military use of non-lethal weapons and

people when they’re actually saying well

hey there might be some problems there’s

a couple of particular problems that get

focused on one of those problems is that

non-lethal weapons may be used

indiscriminately one of the fundamental

principles of military use of forces

that you have to be discriminant you

have to be careful about who you’re

shooting at so one of the problems

that’s been suggested with non-lethal

weapons is that they

be used indiscriminately that you use

them against a whole range of people

because you don’t have to worry so much

anymore and in fact one particular

instance where I think that actually

happens where you can look at it was the

Braga theater surge in Moscow in 2002

which probably a lot of you unlike most

of my students had ad for actually old

enough to remember so Chechens had come

in and taken control of the theater they

had were holding something like 700

people hostage they’d released a bunch

of people but they still had about 700

people hostage and the Russian special

Military Police Special Forces spec

Knapp’s came in and actually stormed the

theater and the way they did it was to

pump the whole thing full of anaesthetic

gas and it turned out that lots of these

hostages actually died as a result of

inhaling the gas right it was used

indiscriminately they pumped the whole

theater full of the gas and it’s no

surprise that people died because you

don’t know how much of this gas each

person is going to inhale what position

they’re going to fall in when they come

unconscious and so on they were in fact

only a couple of people who got shot in

this episode so when they had a look at

it afterwards there are only a couple of

people who’d apparently been shot by

armed by the hostage takers or shot by

the police forces coming in and trying

to deal with the situation virtually

everybody that got killed got killed

from you know inhaling the gas the final

toll of hostages is a little unclear but

it’s certainly a few more than that

because there are other people that died

over the next few days so this was one

particular problem they talked about

that it might be used indiscriminately

second problem that people sometimes

talk about with military use of

non-lethal weapons and it’s actually the

reason why in the chemical weapons

convention it’s very clear that you

can’t use riot control agents as a

weapon of warfare the problem with that

is that it seemed that sometimes

non-lethal weapons might actually be

used not as an alternative to lethal

force but as a little lethal force

multiplier that you used non-lethal

weapons first so that your lethal

weapons will actually be more effective

the people you’re shooting out aren’t

going to be able to get out of the way

they’re not going to be aware of what’s

happening and you can kill them better

and in fact that’s exactly what happened

here

the hostage takers who had been rendered

unconscious by the gas were not taken

into custody they were simply shot in

the head

so this non-lethal weapon was being used

in fact in this case as a non as a

lethal force multiplier to make killing

more effective in this particular

situation now the problem that I just

want to quickly mention is that there’s

a whole heap of problems with the way

that people actually get taught to use

normal ether weapons and get trained

about them and they get tested and so on

because they get tested in nice safe

environments and people get taught to

use them in nice safe environments like

this you can see exactly what’s going on

the person who’s spraying the OC spray

is wearing a rubber glove to make sure

they don’t get contaminated and so on

but they don’t ever get used like that

they get used out in the real world like

in Texas like this I confess this

particular case was actually one that

piqued my interest in this it happened

while I was working as a research fellow

at the u.s. Naval Academy and news

reports started coming up about this

situation where this woman was arguing

with the police officer she wasn’t

violent in fact he was probably six

inches taller than me and she was about

this tall and eventually she said to him

well you know I’m going to get back in

my car and he says if you get back in

your car I’m going to tase you and she

said huh

go ahead tase me he does yeah and it’s

all captured by the video camera running

in the in the front of the police car so

you know she’s 72 and it seemed that

this is the most appropriate way of

dealing with that and other examples are

the same sorts of things with other

people where you think well is this

really an appropriate way to use

non-lethal weapons yeah police chief

fires taser into fourteen-year-old

girl’s head she was running away what

else was I supposed to do

or Florida police tase a six-year-old

boy at elementary school and they

clearly learnt a lot from it because in

the same district police reviewed policy

after children shocked second child

shocked by Taser stun gun within weeks

same police district another child

within weeks of tasering the

six-year-old boy just in case you think

it’s only going to happen in the United

States it happened in Canada as well and

a colleague of mine sent me this one

from London but my personal favorite of

these ones I have to confess does

actually come from the United States

officers taser 86 year old disabled

woman in her bed

I checked the reports on this one I

looked at it I was really surprised

apparently she took up a more

threatening position in her bed I kid

you not that’s exactly what it’s it she

took up a more threatening position in

her bed okay but I’d remind you what I’m

talking about I’m talking about military

uses of non-lethal weapons so why is

this relevant because police are

actually more restrained in the use of

force in the military are they’re

trained to be more restrained in the use

of force in the military are they’re

trained to think more to try and

deescalate so if you have these problems

with police officers with non-lethal

weapons what on earth would make you

think it’s going to be better with

military personnel the last thing that I

would just like to say when I’m talking

to the police about what a perfect

non-lethal weapon would look like they

almost inevitably to say the same thing

they say well it’s going to be something

that’s nasty enough that people don’t

want to be hit with this weapon so if

you threaten to use it people are going

to comply with it but it’s also going to

be something that doesn’t leave any

lasting effects in other words your

perfect non lethal weapon is something

that’s perfect for abuse what would

these guys have done if they’d had

access to tasers or to a man-portable

version of the Active Denial system a

small heat ray that you can use on

people and not worry about so I think

yes there may be ways that non-lethal

weapons are going to be great in those

situations but there’s also a whole heap

of problems that need to be considered

as well

thanks very much