Part 3 77 detonated and that the only way of preventing this and the consequential heavy loss of life was to use lethal force. The use of force by the soldiers on the spot may be justified, as it was based on an honest belief, which could be considered valid at the time, but turned out to be mistaken. The contrary view would have imposed an unrealistic burden on the soldiers in the execution of their duty, perhaps to the detriment of their own and others’ security and lives. However, a distinction must be made between the soldiers’ and their commanders’ responsibilities. Careful scrutiny of the circumstances surrounding the soldiers’ actions is required. The anti-terrorism operation as a whole should be assessed, examining how it was controlled and organized and whether the information and instructions provided to the soldiers that led to the use of lethal force adequately took into consideration the lives of the three terrorism suspects. In the present case, commanders could and should have given the order to stop the car and detain its occupants. This plan would have been a surer way of preventing the plot, while using less forceful means. The possible disparity between the rules of engagement for use of firearms by the army or by the police may also be examined. Army and police instructions might contrast in the degree of prudence and caution to be expected, even when dealing with terrorism suspects. Consequently, there has been a violation of the three suspects’ right to life, as a result of improper planning and control of the operation. * This case study is taken from the facts in McCann and Others v. UK, and the analysis of the question on the findings of the ECtHR in that case.77 There may be no violation of the right to life if just one or two minor errors are made. Law enforcement officers are human beings who are prone to error on occasion, and the courts are aware of this. However, a violation is likely to occur if a series of mistakes were allowed, calling into question the efficacy of the planning for the entire operation and leading to the loss of life. The duty of the police in such cases is to ensure that there is a leadership and management structure in place that is robust and thorough enough to ensure 77 ECtHR, McCann and Others v. UK, Application No 18984/91, 27 September 1995, <http:// hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001–57943>.