2 Resource book on the use of force and firearms in law enforcement In accordance with international law, force should only be used to the extent it is necessary2 to achieve a legitimate law enforcement objective and be applied in accordance with domestic laws, regulations and training that, in turn, are compliant with relevant international obligations. Where this is not the case and the force applied is excessive or arbitrary, it is by definition also unlawful. In the case of allegations of unlawful or arbitrary use of force, there should be accountability mechanisms in place. Firearms There is no internationally agreed definition of the term “firearm”, and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials does not provide a definition. In the Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, 2001, firearm refers to “any portable barrelled weapon that expels, is designed to expel or may be readily converted to expel a shot, bullet or projectile by the action of an explosive, excluding antique firearms or their replicas”,3 and this resource book uses this definition as a reference. The different types of firearms relevant for this resource book are further explored in chapter 6. Unlawful, excessive or arbitrary use of force Unlawful use of force means force that violates the principle of legality, i.e. force that has an insufficient legal basis or that is used in pursuance of an objective that cannot be qualified as a legitimate law enforcement objective. Such legitimacy is determined by domestic law, which should be compliant with international human rights obligations. Excessive use of force applies to situations where the use of force was legal and legitimate, but the type and level of force was unnecessary and/or disproportionate. Use of force is arbitrary when resorting to force (or the specific type and level of force), is not legitimate in light of the specific circumstances, and presents an element of injustice, discrimination, unreasonableness, abuse of power, or exercise of unwarranted discretion. Arbitrary use of force may be both unlawful and/or excessive. Law enforcement official The United Nations Code of Conduct for Law Enforcement Officials4 defines the term “law enforcement official” as: “All officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention. In countries where police powers are exercised by military authorities, whether uniformed or not, or by State security forces, the definition of law enforcement officials shall be regarded as including officers of such services”.5 For more on the concept of necessity as well as other standards see chapter 1, 1.5. The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, which supplements the United Nations Convention against Transnational Organized Crime, was adopted by General Assembly resolution 55/255 of 31 May 2001. 4  Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979, available from: http://www.ohchr.org/EN/ProfessionalInterest/Pages/LawEnforcementOfficials.aspx 5  See Commentary to article 1 of the United Nations Code of Conduct for Law Enforcement Officials (GA/RES/34/169). 2  3