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FOREWORD
Law enforcement officials may use force only when strictly necessary
and to the extent required for the performance of their duty.
Code of Conduct for Law Enforcement Officials1
Applying the above provision properly can be challenging. Law enforcement
officials bear the immense responsibility of determining whether force is
necessary in a particular situation and, if so, precisely how much is proportional
to the threat they face.2 They are often required to strike this balance in a matter
of seconds under complex and hazardous conditions, always mindful of the
general principles relating to the use of force and international human rights
law. And the costs of error could not be higher; where life is lost through the
unnecessary use of force, the result is a human tragedy that can never be made
good.
To avoid the need to resort to lethal force, States must supply law enforcement
officials with effective, less-lethal means, and train them in their lawful use. In
some cases, unfortunately, law enforcement officials use less-lethal weapons
improperly, leading to serious injury or even death. In others, they deliberately
use less-lethal weapons to cause maximum injury to persons who do not pose
a threat sufficiently serious to warrant the use of such weapons. To be clear,
and as the Human Rights Committee has indicated in its general comment on
the right to life, even less-lethal weapons must be employed only when they are
subject to strict requirements of necessity and proportionality, in situations in
which other less harmful measures have proven to be or are clearly ineffective
to address the threat.
1
2
General Assembly resolution 34/169, annex.
Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 14.