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From National Defense to the Justice Department
On July 21, 1994, Dr. Christopher Lamb, Director of Policy Planning,
issued a draft Department of Defense directive which would establish a policy for non-
lethal weapons. The policy was intended to take effect January 1, 1995, and formally
connected the military's non-lethal research to civilian law enforcement agencies.
The government's plan to vise pulsed electromagnetic and radio frequency
systems as a nonlethal technology for domestic Justice Department use rings the
alarm for some observers. Nevertheless, the plan for integrating these systems is
moving forward. Coupling these uses with expanded military missions is even more
disturbing. This combined mission raises additional constitutional questions for
Americans regarding the power of the federal government.295
In interviews with members of the Defense Department the development of
this policy was corrfirmed.296 In those February 1995, discussions, it was
discovered that these policies were internal to agencies and were not subject to any
public review process.
In its current draft form, the policy gives highest priority to development of
those technologies most likely to get dual use, i.e. law enforcement and military
applications. According to this document, non-lethal weapons are to be used on the
government's domestic "adversaries". The definition of "adversary" has been
significantly enlarged in the policy:
"The term 'adversary' is used above in its 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 the nonlethal weapons by
United States military forces in support of taw enforcement."297
This allows use of the military in actions against the citizens of the country
that they are supposed to protect. This policy statement begs the question; who are
the enemies that are engaged in activities they wish to stop, what are those activities,
and who will make the decisions to stop these activities?
An important aspect of non-lethal weapon systems is that the name non-
lethal is intentionally misleading. The Policy adds, "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",298 In other words, you might still destroy property and kill
people with the use of these new weapons.
295 Department of Defense Directive, Policy for Non-Lethal Weapons, Office of the Assistant
Secretary of Defense, Draft July 21, 1994.
296 Interviews in late February by Nick Begich.
297 Department of Defense Directive, Poiicy for Non-Lethal Weapons, Office of the Assistant
Secretary of Defense, Draft July 21,1994.
298 Ibid.