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Resource book on the use of force and firearms in law enforcement
cross range of expertise including human rights, law, medical and civilian representation. Where
applicable, it is recommended to invite civil society organizations working on security or human
rights to participate in the review process. In addition, it is good practice to have the entire procurement process peer reviewed and published, as should the guidelines on use. The tactics for
how to use the instrument can be kept secret, but the type of equipment, guidelines for use,
testing and selection should be made public.
Ideally, there should also be widespread public awareness regarding the nature of the proposed
weapon and its effects, etc. The public should not be kept in the dark about new weapons used
in law enforcement.
Military instruments of force for (civilian) law enforcement purposes
In certain countries, there has been a trend towards acquiring equipment for law enforcement
that was developed for military purposes, for example for use in the context of fighting terrorism,
but also in the fight against violent crime, particularly drug cartels and gangs. Sometimes such
transfers are simply caused by having a surplus of military instruments. The tendency for law
enforcement agencies in some countries to acquire ever more military equipment is concerning,
since organizations with very different organizational objectives and operational cultures have
started to use the same type of arsenal.163
The use of military weapons may be inappropriate for law enforcement, and given their nature,
they may make it more difficult to comply with the obligation to apply the minimum force
necessary to achieve the legitimate law enforcement objective. An additional disadvantage is the
impact it will have on the image of law enforcement for the public, as it may have adverse effects
on community-law enforcement relations.
In general, military instruments of the offensive type should not be used in law enforcement. If
they are needed for a particular situation, they must be used only by a special unit trained in
their use, under special supervision and after strict authorization at the highest levels.
UNITED STATES: PROPOSED INTERVENTIONS TO BALANCE ACQUISITION OF MILITARY
EQUIPMENT
In the United States, a programme to transfer military equipment to local law enforcement agencies,a
has recently come under heavy scrutiny.b A review ordered by the Office of the President concluded
that better oversight is needed, and also that the acquisition of new weaponry needs to be accompanied by adequate training, including human rights training, and there should be mechanisms to
hold law enforcement agencies accountable for the misuse or misapplication of equipment because
it can erode “the partnership, problem-solving and crime prevention collaboration with citizens that
is at the heart of effective policing”.
a
See Executive Office of the President, United States. Review: Federal Support for Local Law Enforcement Equipment
Acquisition, December 2014: https://obamawhitehouse.archives.gov/sites/default/files/docs/federal_support_for_local_law_
enforcement_equipment_acquisition.pdf
b
See “Obama’s Cautious First Step Toward Demilitarizing the Police", The Atlantic, 1 December 2014: http://www.
theatlantic.com/politics/archive/2014/12/obamas-cautious-first-step-toward-demilitarizing-the-police/383305/; “Obama Offers
New Standards on Police Gear in Wake of Ferguson Protests", New York Times, 1 Dec 2014: http://www.nytimes.
com/2014/12/02/us/politics/obama-to-toughen-standards-on-police-use-of-military-gear.html?_r=0
163
See Small Arms Survey, 2011, p. 93: “Observing military small arms development is the most reliable way
to predict what police officers will be issued in the near future.”
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