It outlawed by convention but it help a lot that if you cross that line during a conventional war the other side might very well do it also! The Police don't really have to fear that protester would reciprocate!
from reddit: the front page of the internet http://www.reddit.com/r/todayilearned/comments/xxci7/til_tear_gas_cannot_be_used_in_war_by_militarily/c5qgnyy
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