6 Resource book on the use of force and firearms in law enforcement Chapter 1. The international legal framework for use of force in law enforcement The Basic Principles of the Use of Force and Firearms (BPUFF) reflect the basic standard that law enforcement officials should in carrying out their duty, as far as possible, apply non-violent means before resorting to the use of force and firearms. They define a set of parameters within which law enforcement officials may use force and firearms when carrying out their functions, and prohibit the use of force that does not comply with these parameters and which therefore is unlawful, arbitrary or excessive.11 This chapter identifies the key human rights obligations and commitments applicable to the use of force in law enforcement, and how these are translated into guiding principles for law enforcement practice. All human beings are entitled to respect for their human rights and fundamental freedoms, including the right to life and to security of their person, and to be free from torture and other cruel, inhuman or degrading treatment or punishment.12 These rights and freedoms need to be guaranteed in domestic laws, policy and practice. Guaranteeing respect and protection of human rights requires that States set up adequate rules and procedures governing whether, when, and in what manner the State is entitled to use force for law enforcement purposes. 1.1. International human rights law, United Nations Standards and Norms on Crime Prevention and Criminal Justice and the use of force International human rights law is a body of law designed to regulate the relationship between States and individuals within their jurisdiction by setting out the rights individuals are entitled to, and the corresponding obligations of the State and other actors. By becoming parties to 11  See the BPUFF and the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/2006/53), 8 March 2006, para. 48: “Human rights law unconditionally prohibits the needless killing of suspected criminals, but it fully recognizes that lethal force is sometimes strictly necessary to save the lives of innocent people from lawless violence.” 12  Key international instruments include the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Regional instruments include: European Convention on Human Rights; American Convention on Human Rights; African Charter on Human and Peoples’ Rights; Arab Charter of Human Rights; Inter-American Convention to Prevent and Punish Torture; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents