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GENERAL PRINCIPLES
John-Erik Jensen,
Regional Delegate for Police and Security Forces
CONTENT
1. Introduction
2. Evolution of conflicts – and victims
3. Human Rights affected by the exercise of
police powers
4. Perspective and differences in IHL / IHRL
5. Arrest & Detention / Search & Seizure
6. Use of Force and Firearms
7. Consequences of abuse of power
General aim of the ICRC police activities
IAC OSV
NIAC
NIAC OSV IAC
CATEGORY OF VICTIMS
90% 90%
60%
40%
10% 10%
Soldiers Civilians Soldiers Civilians Soldiers Civilians
ARMED FORCES AND LAW ENFORCEMENT
Different legal frameworks:
IHL
Domestic
Law
PEACE CONFLICT
Non international International
armed conflict armed conflict
ARMED FORCES AND LAW ENFORCEMENT
Adapted tactics and means/action
COMBAT LE
Surprise effect if possible Preventive action: dialogue and
deterrence
Distance Proximity
Large scale in terms of terrain and Smaller scale, local context and fewer
personnel personnel
Firearms as first resort to use of Firearms as last resort to use of force
force
Quick and systematic use of all Graduated use of force and exceptional
weapons use of firearms
Fire on military objectives Firearms only in self defence or
defence of others
National Constitution
National laws
Directives
SOP's
Key police responsibilities
CICR/HEGER REUTERS/ARVAY
REUTERS/X00167
Affected by the
Exercise of Police Powers
Some fundamental rights affected by law
enforcement action:
Right to life
Right to freedom and movement
Prohibition of torture / cruel treatment
Prohibition of any discrimination
Right to a fair trial
Right to privacy
Right to family life
Right to property
Right to safety and integrity
Right to dignity
Right to expression
Right to association
Right not to self incriminate, confess ….
Etc. ….
Law enforcement actions:
Arrest / Detention
Restriction of movement and freedom - extended
Restriction of communication
Search / Seizure
Search of body…. and dwelling, office, computer etc
Seizure or confiscation of belongings
Limitation of privacy
Surveillance, access to / monitoring of communication
Prohibition of torture
Non-discrimination
Respect of dignity of the person,
humane treatment CICR/VON TOGGENBURG
REUTERS/SUPRI
Police responsibilities and powers;
LAST resort
Minimize damage (target)
Protect uninvolved persons
Responsibility & accountability
CICR/HEGER
PRINCIPLES GOVERNING THE
EXERCISE OF POLICE POWERS
P L A N
+ PRECAUTION
LEGALITY
On grounds (allegation / suspicion)
§§
and in accordance with procedure as
established by law
Art. 9.1 ICCPR
A balance of values:
$ Life
Objective of Consequence
the action of the action
Some differences
IHL:
Proportionality between inpact on non military
objects; civilians and objects – AND the value /
importance of the military objective
IHRL:
Proportionality between the type/effect of the
violation and the consequesces on the suspect’s
rights / freedoms
“Serious crime” = serious impact on rights /
freedoms
“Minor crime” = minor impact on rights /
freedoms
NECESSITY
or THAT?
This?
Rights
Rights
Law P
§§ R
E
Procedures C
A
Decision on U
the spot T
I
O
N
ACTION
Accountability
USE OF FIREARMS
ONLY
" in self-defence or defence of others against the
imminent threat of death or serious injury"
or
"to prevent the perpetration of a particularly serious crime
involving grave threat to life“ (Istanbul)
or
"to arrest a person 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.
Intentional lethal force of firearms only "when strictly
unavoidable in order to protect life".
USE OF FIREARMS
Procedure to be followed
LEO to identify themselves as such
and
give a clear warning of intention
to use firearms and
give sufficient time for the
warning to be observed
unless
putting at risk LEO or other
persons (life or serious harm) or
inappropriate or
pointless.
USE OF FIREARMS
Procedures to be followed after use
Medical assistance
Notify relatives
Aiming to determine
lawfulness of the action
Public scrutiny and
publication of result
CONSEQUENCES OF ABUSE OF POWER
Victims of unlawful
exercise of police
powers
shall have an ICRC/PIZER
enforceable right to
compensation