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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.
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