Session outline eight: The use of force and firearms Objectives Participants will be familiar with international rules governing the use of force and firearms, their impact on the rights to life and security of person, and international requirements for the appropriate use of force and firearms for lawful policing purposes. Sources UDHR (arts. 3 and 5) ICCPR (arts. 6, 7 and 9) Torture Convention (preamble, paras. 4 and 6; arts. 1, 2 and 4) Principles on Force and Firearms (principles 2, 4, 5, 6, 7, 8, 9, 10, 11(f), 20, 22, 23, 24, 25 and 26) Standards Use of force Everyone has the right to life, security of person, and freedom from torture and cruel, inhuman or degrading treatment or punishment.72 Non-violent means are to be attempted first.73 Force is to be used only when strictly necessary. 74 Force is to be used only for lawful law enforcement purposes.75 No exceptions or excuses shall be allowed for unlawful use of force.76 Use of force shall always be proportional to lawful objectives.77 Restraint is to be exercised in the use of force.78 Damage and injury are to be minimized.79 A range of means for differentiated use of force is to be made available.80 All officers are to be trained in the use of the various means for differentiated use of force.81 All officers are to be trained in the use of non-violent means.82 Accountability for the use of force and firearms All incidents of the use of force or firearms shall be followed by reporting and review by superior officials.83 Superior officials shall be held responsible for the actions of police under their command if the superior official knew or should have known of abuses but failed to take concrete action.84 Officials who refuse unlawful superior orders shall be given immunity. 85 72 UDHR, articles 3 and 5; ICCPR, articles 6, 7 and 9; Torture Convention, preambular paragraphs 4 and 6, and articles 1, 2 and 4. Principles on Force and Firearms, principle 4. Principles on Force and Firearms, principles 4 and 5. 75 Principles on Force and Firearms, principles 5 and 7. 76 Principles on Force and Firearms, principle 8. 77 Principles on Force and Firearms, principles 2 and 5(a). 78 Principles on Force and Firearms, principles 2, 5(a) and 9. 79 Principles on Force and Firearms, principle 5(b). 80 Principles on Force and Firearms, principle 2. 81 Principles on Force and Firearms, principles 4, 19 and 20. 82 Principles on Force and Firearms, principles 4 and 20. 83 Principles on Force and Firearms, principles 6, 11(f) and 22. 84 Principles on Force and Firearms, principle 24. 85 Principles on Force and Firearms, principle 25. 73 74 94