Part 3 75 Case Study – Use of force A terrorist group has repeatedly attempted to kill state officials, most of them judges, military and police officers, with side-arms and shotguns. The members of the terrorist group did not succeed in killing people, but they demonstrated a determined will to create public alarm and uncertainty about state capability to enforce the law. X and Y are police officers assigned to the case. They are investigating Z, a 16-year-old girl suspected of belonging to the terrorist group. They undertake a surveillance operation, in plainclothes, and follow Z at night to an isolated small village. In the darkness they see a girl, whom they believe to be Z, escaping through the window of a house. X and Y repeatedly order her to stop, without identifying themselves, and X fires two warning shots in the air. Almost simultaneously, Y is hit in the arm by shotgun pellets. In response, X shoots and kills the person who is running away. X and Y then realize that the person killed is not Z and was not armed. It was later demonstrated that Y was shot by a neighbor who was afraid of thieves in the area. Question: Do X and Y use their firearms in compliance with international standards on the use of lethal force by law enforcement officials? The police officers had received information about a young girl suspected of participating in terrorist activities and, therefore, had reasons to be suspicious. In the meantime, they were unable to identify the girl as being Z, and did not ascertain whether the girl under surveillance was armed. The police officers did warn the person running away and shoot twice in the air. However, they did not identify themselves as police officers, especially considering it was dark and they were wearing plainclothes. They could neither confirm the identity of the suspect, nor that he or she had fired the shot that injured Y. In light of the circumstances, the use of lethal force was disproportionate and, therefore, contrary to international standards on the use of lethal force.