The International Legal Rules on the Use of Firearms by Law Enforcement Officials Model Presentation

United Nations Instruments on Police Use of Firearms “Every effort should be made to exclude the use of firearms, especially against children. In general, firearms should not be used except when 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.” Article 3, 1979 Code of Conduct for Law enforcement officials

United Nations Instruments on Police Use of Firearms “Law enforcement officials shall not use firearms against persons except 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 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. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.” Principle 9, 1990 Basic Principles on Use of Force and Firearms by Law Enforcement Officials

Shooting to Stop The aim of using firearms should be to incapacitate not kill the suspect. This is shooting to stop. This is only lawful when both necessary and proportionate In general, a firearm should only be discharged against a person posing an imminent threat of death or serious injury It is not lawful to shoot purely to prevent loss or damage to property

Precautions when Discharging a Firearm Some police forces fire warning shots, others do not (because of the threat to bystanders). There is no international legal rule requiring warning shots Semi-automatic fire is lawful, fully automatic fire is not (this is when the weapon keeps firing once the trigger is depressed) Each round fired must be necessary – it must be justified and justifiable Police forces often, but not always aim at the main body mass not the arms or legs

Shooting to Kill Shooting to kill is only lawful “when strictly unavoidable in order to protect life” The risk to life must be imminent: a second or split second The classic cases where shooting to kill may be lawful are: to prevent a suicide bomber detonating the bomb, or to prevent a hostage taker killing his hostage.

Shooting to Stop in the Event of a Grave Threat to Life There is also the possibility of using firearms in the event of a grave threat to life The three scenarios in Basic Principle 9 are the following: To prevent a particularly serious crime involving grave threat to life. To enable a person resisting arrest to be arrested if he or she is about to commit a particularly serious crime that involves grave threat to life. To prevent a person resisting arrest from escaping where he or she is about to commit a particularly serious crime that involves grave threat to life.

Shooting to Stop in the Event of a Grave Threat to Life This scenario is very limited in extent It may concern the following: A potential terrorist incident, such as failing to stop at a checkpoint when an attack is expected To prevent a serial killer escaping from a maximum security prison. The threat must be both serious and proximate in time but not necessarily imminent

More information @DohaDeclaration e4j@unodc.org unodc.org/dohadeclaration unodc.org/e4J