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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
Human rights treaties prohibit the arbitrary deprivation of life. The
European Convention for the Protection of Human Rights and Fundamental
Freedoms specifies that for a deprivation of life not to be arbitrary it must
be “absolutely necessary: (a) in defence of any person from unlawful
violence; (b) in order to effect a lawful arrest or to prevent the escape of
a person lawfully detained; (c) in action lawfully taken for the purpose
of quelling a riot or insurrection” (art. 2.2). The Special Rapporteur on
summary, extrajudicial or arbitrary executions, Philip Alston, further
stated that “the other element contributed by human rights law is that
the intentional use of lethal force in the context of an armed conflict is
prohibited unless strictly necessary. In other words, killing must be a last
resort, even in times of war”.98
Other universal and regional human rights bodies take, by and large, the
same approach.99 The Basic Principles on the Use of Force and Firearms
by Law Enforcement Officials provide an authoritative interpretation of
the principles authorities must respect when using force in order not to
infringe the right to life. Those principles limit the use of firearms to cases
of self-defence or defence of others against the imminent threat of death
or serious injury, to prevent the perpetration of a particularly serious crime
involving grave threat to life, to arrest a person presenting such a danger
and resisting their authority, or to prevent his or her escape, and only
when less extreme means are insufficient to achieve these objectives. The
intentional lethal use of firearms is admissible only when strictly unavoidable
in order to protect life. In addition, law enforcement officials “shall […]
E/CN.4/2006/53/Add.5, para. 29. See also Official Records of the General
Assembly, Thirty-seventh Session, Supplement No. 40 (A/57/18), annex XI, Suarez de
Guerrero v. Colombia, communication No. R.11/45: “The right enshrined in this article
is the supreme right of the human being. It follows that the deprivation of life by the
authorities of the State is a matter of the utmost gravity. This follows from the article as a
whole and in particular is the reason why paragraph 2 of the article lays down that the
death penalty may be imposed only for the most serious crimes. The requirements that
the right shall be protected by law and that no one shall be arbitrarily deprived of his
life mean that the law must strictly control and limit the circumstances in which a person
may be deprived of his life by the authorities of a State.”
99
See, for example, Inter-American Court of Human Rights, Case of Las Palmeras v.
Colombia, Judgement of 26 November 2002, Series C, No. 96.
98
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