Use of force in law enforcement operations

States often face situations in which their officials must use force to maintain or restore public security and law and order in armed conflicts or other situations of violence. Force can be used in law enforcement operations by people who exercise state powers, including police and military forces. Such use of force is mainly governed by international human rights law and domestic law and must be strictly regulated by states. Notably, states must ensure that national legislation is brought into line with their international obligations and sanction their officials if they use force in an excessive or otherwise arbitrary way.

When conducting operations to maintain or restore public security and law and order – namely law enforcement operations – state officials can resort to a variety of measures, including, under stringent conditions, the use of force. The term “use of force” is often defined under national law. However, it is generally understood to mean any physical constraint imposed on a person, ranging from physical or mechanical restraint to the use of firearms or other weapons. Force may be used only if other means have proved ineffective or are failing to achieve the intended result. When resorting to the use of lethal or potentially lethal force, this is an important consideration that must be taken into account to ensure that the right to life is respected. 

The use of force in law enforcement operations is mainly governed by international human rights law, which is applicable in peacetime as well as during armed conflicts, by domestic law and by certain IHL provisions in times of armed conflict. 

The most relevant right in relation to the use of force in law enforcement operations is the right to life, which cannot be derogated from.

In most human rights treaties, what is prohibited is any deprivation of life that is “arbitrary”, meaning not in compliance with international rules and standards pertaining to the right to life or with domestic law. This implies that there are circumstances under which the use of lethal or potentially lethal force by state officials is authorized. Depending on the circumstances, other rights and prohibitions might be affected by the use of force against people, for instance, the right to freedom of expression and the right to peaceful assembly.

The UN Code of Conduct for Law Enforcement Officials (CCLEO) of 1979 and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (BPUFF) of 1990 provide further guidance on the use of force in law enforcement operations.