v BACKGROUND The United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement is the result of a two-year process of research, drafting and consultation led by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in collaboration with an international group of experts. Its finalization in 2019 filled a significant gap in the interpretation of fundamental human rights and the application of principles of law enforcement, providing States, international organizations, civil society and other key stakeholders with guidance on when and how to use less-lethal weapons in accordance with international law. The 1990 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the leading international instrument dedicated to regulating the use of force for law enforcement purposes, referred to less-lethal weapons in two of its provisions. Basic Principle 2 called on Governments and law enforcement agencies to develop “a range of means as broad as possible”, which “should include the development of non-lethal incapacitating weapons for use in appropriate situations”.4 Principle 3 called for the development and deployment of less-lethal weapons to be “carefully evaluated in order to minimize the risk of endangering uninvolved persons”, and stipulated that their use “should be carefully controlled”. These principles remain valid and applicable to law enforcement operations, but over time it became increasingly clear that more detailed guidance was needed to regulate less-lethal weapons. In 2014, the Special Rapporteur on extrajudicial, summary or arbitrary executions recommended that the Human Rights Council appoint an expert body to develop guidelines on less-lethal weapons.5 In its resolution 25/38, adopted on 28 March 2014, the Council encouraged States “to make protective equipment and non-lethal weapons available to their officials exercising law enforcement duties, while pursuing international efforts to regulate and establish protocols for the training and use of non-lethal weapons.” The United Nations Guidance does not use the term “non-lethal” given that the use of any weapon can have fatal consequences. 5 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/26/36), para. 119. 4