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Resource book on the use of force and firearms in law enforcement
1.2. From international law to day-to-day instructions
Establishing a system that reinforces compliance with international human rights obligations
and promotes standards and norms on crime prevention and criminal justice as well as international good practices requires not only an adequate legal and operational framework but also the
political will, the resources and institutions to implement and act accordingly. While many of the
details regarding the use of force in law enforcement will be found in the operational framework,
certain issues need to be regulated by laws. These issues include:
•
The general principles governing any use of force (the principles of legality, necessity,
proportionality and non-discrimination)
•
The thresholds for the use of lethal force (both potentially lethal and intentional
lethal force)
•
Rules on accountability (criminal and other forms) and the rights of victims of unlawful,
excessive or arbitrary use of force
•
Control and oversight mechanisms
In most jurisdictions, the basics are laid down in the form of a law regulating the corresponding law
enforcement agency accompanied by various pieces of legislation, which provide guidance for policing situations of narrower scope. Some States may have delegated authority for certain law enforcement to subnational governments, like state or local governments, who may have their own laws
governing use of force. In all cases, such laws may be subject to interpretation and elaboration by
courts. In addition to such laws, States may develop policies that further develop the general framework for the use of force laid out in laws, for general as well as for particular policing situations.
Based on the above, the following are important points to bear in mind when drafting domestic laws:
•
Clearly define when law enforcement officials may use force and for what purpose,
and ensure that such laws are sufficiently accessible to the public.
•
Clearly spell out that the use of force can only be allowed for achieving a lawful law
enforcement objective.
•
Force can only be used when absolutely necessary to achieve the lawful objective; the
type and level of force used must be able to achieve the objective. Law enforcement
officials shall as far as possible apply non-violent means before resorting to the use
of force and firearms.
•
The principle of proportionality should be duly reflected in the law and it should be
ensured that law enforcement officials do not incur negative consequences when
aborting operations if deemed disproportionate.
•
Appropriate control and oversight on the compliance of law enforcement officials’
actions with international and domestic laws and norms and standards should be
arranged for and mechanisms should be created to hold those who commit violations
accountable.
•
States must also ensure that victims of violations have access to an effective remedy,
including access to justice and reparations.
•
The required steps before using force and in its aftermath should be clearly spelled
out and known to law enforcement officers.
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