Conduct for Law Enforcement Officials13 (the Code) and the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials 14 (the Basic
Principles). The essence of these instruments is reflected in the “protection of
life” principle.
111.
Article 3 of the Code is brief, limiting the use of force by law enforcement
officials to only that which is “strictly necessary” in order to carry out their
duties. The commentary included in the Code, however, expands upon this
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article, posing the standard that the use of force must be “reasonably
necessary” and comply with the requirement of “proportionality”, and in
paragraph (c) sets out the bounds within which firearms are to be used. It
states that the use of firearms is an extreme measure and is to be limited to
the exceptional circumstances where “a suspected offender offers armed
resistance or otherwise jeopardizes the lives of others and less extreme
measures are not sufficient to restrain or apprehend the suspected offender”.
It can be deduced that it is not the fact that someone suspected of having
committed a crime stands to be arrested as such that justifies the use of
firearms but rather the danger that this person poses to life.15
112.
The Basic Principles flesh out the provisions set out in the Code. The Basic
Principles contain provisions regarding the steps to be employed prior to the
use of firearms, including issuing warnings,
16the
conditions to be observed
when firearms are used17and, in the event that firearms are utilized, steps to
13
14
UNGA Res. 34/169, annex
See Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Havana, 27 August-7 September 1990: report prepared by the Secretariat (United Nations
publication, Sales No. E.91.IV.2, chap. I, sect. B).)
See UN Doc. A/66/330, Para. 37
Principle 10
17 Principle 5
15
16
30