11. Participants discussed the key general international principles on the use of force by law enforcement
officials, namely: Legality; Precaution; Necessity; Proportionality; Non-discrimination and Accountability17,
which were articulated in two main documents: The Code of Conduct for Law Enforcement Officials
(1979), and The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990).
Both documents, regarded today as international standards18, highlight the role of law enforcement
officials in protecting and respecting human dignity and human rights, in particular the prohibition of
torture or other cruel, inhuman or degrading treatment or punishment19 and the rights to life, liberty
and security20.
12. The Basic Principles connect the principle of proportionality to the obligation of minimizing damage
and injury, and respect and preserve human life.21 The elaboration of the scope of the Principles, in
particular by the mandate of the United Nations Special Rapporteur on extrajudicial, summary or
arbitrary executions, further unpacked the principles in light of the right to life and concluded “that only
the protection of life can meet the proportionality requirement where lethal force is used intentionally,
and the protection of life can be the only legitimate objective for the use of such force”22. Most recently,
the UN Human Rights Committee listed adherence to the Principles as a way to measure whether a
deprivation of life is arbitrary or not.23
13. In 2019, the United Nations Guidance on Less-lethal Weapons in Law Enforcement compiled the
principles outlined by the two previous documents while expanding on their scope to regulate the
use of less-lethal weapons by law enforcement officials. By presenting them together and elaborating
on the often overlooked principles of non-discrimination and accountability, the document makes an
important contribution to the understanding of the principles as interconnected, interdependent and
equally relevant for guiding the use of force.
14. The mentioned principles are explained below in more detail:
According to the principle of legality24: the use of force shall be regulated by domestic law, in accordance
with international law, through laws and regulations which are clear and accessible to the general public.
The precaution principle focuses on planning and preventing the use of force. It is of particular
importance in the context of the facilitation of assemblies, where it requires protocols and procedures
in place to de-escalate tensions25 and to provide adequate warnings26 prior to the deployment of force.
Additionally, it covers the importance of minimising the consequences of resorting to it by assessing
particular vulnerabilities and by understanding the effects of specific less-lethal weapons. This principle
addresses the relevance of training and adequate equipment.27
The principle of necessity provides that law enforcement officials may use force only when no reasonable
alternative appears available, and it is therefore strictly necessary to achieve a lawful and legitimate
17. “ Any use of force by law enforcement officials shall comply with the principles of legality, precaution, necessity, proportionality,
non-discrimination and accountability.” See: Office of the United Nations High Commissioner for Human Rights, Guidance on Less Lethal
Weapons in Law Enforcement, 2020, para. 2.3.
18. United Nations Committee on Human Rights, General Comment No. 36, 2019, CCPR/C/GC/36, para. 13.
19. U
N General Assembly, Code of conduct for law enforcement officials, 5 February 1980, A/RES/34/169, art. 15.
20. Preamble of the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990.
21. United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990, Principle 5(b).
22. U
N Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, 1 April 2014, A/HRC/26/36,
para. 72.
23. United Nations Human Rights Committee, General Comment No. 36, 2019, CCPR/C/GC/36.
24. O
ffice of the United Nations High Commissioner for Human Rights, Guidance on Less Lethal Weapons in Law Enforcement, 2020, paras.
2.4 and 2.5.
25. OSCE/ODIHR and Venice Commission, Guidelines on Freedom of Peaceful Assembly (3rd Edition), 2019, para. 88.
26. O
SCE/ODIHR and Venice Commission, Guidelines on Freedom of Peaceful Assembly (3rd Edition), 2019, para. 187.
27. O
ffice of the United Nations High Commissioner for Human Rights, Guidance on Less Lethal Weapons in Law Enforcement, 2020,
paras. 2.6 and 2.7.
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