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is unavoidable, the degree to which and the manner in which force is employed may
not be more harmful than strictly necessary. 13 Finally, in temporal terms, the use of
force is unlawful if, at the moment of its application, it is not yet or no longer
unavoidable to achieve the desired lawful purpose. Therefore, any law enforcement
operation involving the use of force requires a constant reassessment of its necessity
to achieve the desired purpose. Should the circumstances evolve so as to permit the
achievement of that purpose through less harmful means, force may no longer be
used.
C.
Principle of proportionality
10. While the principle of necessity requires a factual assessment of t he least
harmful means that can be expected to achieve the desired purpose, the principle of
proportionality involves an additional and separate value judgment as to whether the
harm expected to result from the use of force can be justified in the light of the
benefit of the desired purpose. Even if force is necessary for the achievement of that
purpose, it can only be permissible if the resulting harm remains proportionate
compared to the seriousness of the offence and the importance of the desired
purpose. 14 Thus, irrespective of considerations of necessity, the requirement of
proportionality defines an absolute upper limit for the force that might be
permissible to achieve a specific lawful purpose (A/HRC/26/36, para. 66). The
“harm” to be weighed in the proportionality assessment does not necessarily have to
be of physical nature, but can also involve mental suffering and emotions of
humiliation and distress.
11. A proportionality assessment must always be made in the light of the
circumstances of each case. As a general rule, potentially lethal force must not be
used except where strictly necessary to: (a) defend any person against the imminent
threat of death or serious injury; (b) prevent the perpetration o f a particularly
serious crime involving grave threat to life; or (c) arrest a person presenting such a
danger or prevent their escape. Intentionally lethal force may only be used when
strictly unavoidable in order to protect life from an unlawful attack. 15 For example,
even the aim of lawful arrest cannot justify the use of firearms to stop a thief or
pickpocket not otherwise posing a threat to life and limb. In such cases,
considerations of proportionality require that the risk of the suspect escaping arre st
is to be preferred over the risk of causing the suspect’s death or serious injury. Other
factors that may be relevant in evaluating the degree of force that is proportionate
include the individual’s behaviour, age, gender and health.
D.
Principle of precaution
12. Even if the use of force is necessary and proportionate in the immediate
circumstances of a case, it may nonetheless be unlawful if it results from a failure to
plan, organize and control operations so as to minimize harm, respect and pr eserve
human life and avoid any excessive use of force. 16
13. In particular, States should thoroughly train their police forces to avoid
situations in which the use of force will become inevitable and equip them with
various methods and types of weapons and ammunition allowing for a differentiated
use of force, including “less lethal” incapacitating weapons and self-defensive
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13
14
15
16
17-12326
Ibid., principle 5 (b).
Ibid., principle 5 (a).
Basic Principles, principle 9, and European Convention on Human Rights, art. 2 (2).
Basic Principles, principles 2, 3 and 5 (a) and (b).
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