118 Resource book on the use of force and firearms in law enforcement For those that are intent on using violence, law enforcement authorities should make it clear that such acts will not be tolerated, and take necessary precautionary measures. It is not always clear where isolated acts of violence within a protest, because of the nature, scale or frequency of the violence, reach a level where the protest can be characterized as “violent”, but when it does, the situation becomes much more challenging from a law enforcement perspective. As the ICRC takes note: “Riots can be frightening experiences for any law enforcement official, and it takes considerable courage to stand in front of an angry and possibly armed mob. A well-trained, professional and disciplined force is needed to calm or disperse a crowd without resorting to the use of force. The challenge is great for police or security forces, which may be ill-prepared or ill-equipped for such a task. (…)”.257 When an assembly becomes violent, it may become necessary to disperse the assembly or contain its participants. Where this happens, law enforcement officials should continue to abide by the principles of knowledge, communication, facilitation and differentiation. Dispersal and containment Prior to dispersal Dispersal should not occur unless law enforcement officials have taken all reasonable measures to facilitate and protect the assembly from harm and unless there is an imminent threat of, or actual, violence. Dispersing a crowd should always be a measure of last resort and should be clearly regulated in domestic legislation detailing the circumstances when dispersal is warranted and who can give the order to disperse. The decision to disperse is usually up to a mayor or a magistrate and sometimes to the police. Grounds for dispersal should be limited and may include cases where participants in the assembly carry arms, explosive devices, or otherwise dangerous items,258 when the assembly, or part of it, has turned violent or when demonstrators refuse to vacate the protest location after a judicial order calling on them to do so.259 Law enforcement officials should decide on the appropriate and proportional response, and make a tactical decision on how to disperse in a manner that will seek to minimize harm to persons and property. Voluntary dispersal is always preferred over dispersal by force. This can be achieved by asking participants to leave, through communication with the organizers, or simply by waiting. Time is on the side of law enforcement as the participants of an assembly will ultimately want to go home. However, if it is not possible to wait, law enforcement officials can opt to relocate the assembly and move its participants to another location. When this option is not feasible, depending on the circumstances of each situation, it can be decided to disperse the assembly with force. See ICRC, 2011, pp. 17-18. See OSCE Monitoring Report 2013-2014, para. 289. 259  See also Joint report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on extrajudicial, summary or arbitrary executions on the proper management of assemblies, A/HRC/31/66, para. 61-63. 257  258