PART I.  SETTING THE BOUNDARIES FOR THE USE OF FORCE IN LAW ENFORCEMENT • Guidance must be given on the use of firearms. They should only be used in selfdefence or in defence of others against an imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, or to arrest a person presenting such a danger and resisting authority, or to prevent his or her escape. Even in these cases, the use of firearms is only warranted if less extreme measures are not available. • Arbitrary or abusive use of force and firearms should be punished as a criminal offence. A good practice is for law enforcement agencies to further develop a national policy on the use of force in law enforcement, applicable to all security forces carrying out law enforcement functions. Such a use-of-force policy serves as a basis for developing further guidance (such as standard operating procedures) on the use of force in specific law enforcement situations, such as policing assemblies and protests, but also to provide a coherent approach in areas such as reporting, oversight and training. POLICY ON POLICING PROTESTS An example of such policy can be found in South Africa, on its policing of public protests, gatherings and major events.a The policy starts with a policy statement, followed by a summary of the relevant legislative and policy framework, including the Constitution, applicable laws, standing orders and regulations. The policy also references South Africa’s international obligations. A framework is then provided for what needs to be done in order to comply with obligations under international and domestic law, such as setting up a specialized unit, training its members, command and control, operational planning, etc. a See South Africa, Ministry of Police: Policy and Guidelines: Policing of Public Protests, Gatherings and Major Events, 2011 at: http://www.policesecretariat.gov.za/downloads/policies/policing_public_protests_2013.pdf It is good practice for States to conduct public consultations, including with civil society organizations, when developing or reviewing such laws and policies, in order to gain public acceptance and support in the implementation of these instruments. The United Nations can also provide legislative assistance to the process, upon request. The legislation and policy may then be “translated” into operational guidance through regulations, including standard/standing operating procedures (SOPs), orders, or other internal operational regulatory tools, providing practical guidance or directions detailing specific steps, procedures and precautions that should be taken in a range of scenarios. For instance, SOPs can regulate how to use a piece of equipment or respond to an incident. In addition, in certain countries the code of conduct delineates acceptable from unacceptable behaviour, based on organizational values and ethics. Operational guidance related to the use of force may include: • Reference to relevant international obligations and commitments and domestic law as relevant • A section defining the main concepts • A section laying down the general principles governing the use of force • Instructions for the use of particular instruments of force • Instructions related to care to be provided in the event of an injury • Recording and reporting obligations 9