| 17
ENGLISH
PART
2
ARBITRARY DEPRIVATION
OF LIFE AND USE OF FORCE
A. Right to Life: Human beings are inviolable. Every human being shall be entitled to respect for his or
her life and the integrity of his or her person. No one may be arbitrarily deprived of this right. This
applies in the context of human rights abuses resulting from acts of terrorism and counterterrorism.
Explanatory Note: See, African Charter on Peoples’ and Human Rights, Article 4;
Constitutive Act of the African Union, Article 4(o); Comm. 245/02, Zimbabwe Human Rights
NGO Forum v. Zimbabwe (May 2006), para. 143; and Comm. 74/92, Commission nationale
des droits de l›Homme et des libertés v. Chad (October 1995), para. 20.
B. Use of Lethal and Non-Lethal Force: The use of force shall be strictly regulated under national law
and in conformity with international standards. State authorities may not use force unless doing so is
strictly necessary and done only to the extent required for the performance of their duty. The use of
lethal force shall be regarded as an extreme measure. Lethal force should not be used except when
in self-defence or defence of others against the imminent threat of death or serious injury, to prevent
the perpetration of a particularly serious crime involving grave threat to life, to arrest an individual
presenting such a danger and resisting their authority, or to prevent his or her escape, and only when
less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use
of force may only be made when strictly unavoidable in order to protect life. When non-lethal force
is used it must also be necessary and proportionate to the threat, such that the least harmful form of
force is used, and never for purposes of punishment. International human rights law prohibits targeted killings and extrajudicial, summary, or arbitrary executions. With respect to the use of lethal and
non-lethal force, States shall, in particular, take into account the following:
(i)
Planning and Preparation: Counterterrorism operations must be narrowly tailored and strictly
proportionate to the aim of protecting individuals against violence and be planned and controlled by the authorities so as to minimise, to the greatest extent possible, recourse to lethal or
non-lethal force, as required by the principle on Use of Lethal and Non-Lethal Force above.
(ii)
Obligation to Report, Investigate, and Prosecute: Where injury or death is caused by the
use of force, officials shall report the incident promptly to the competent authorities. In
instances where a human rights violation may have resulted from any use of force, States
have a responsibility to act in accordance with Principle 1(D), Obligation to Ensure Accountability; Principle1(E), Obligation to Provide an Effective Remedy; and Principle 1(F),
Obligation to Provide Reparation.